Terms and conditions of sale
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our ebay Storefronts.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our ebay Storefronts.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means our ebay stores DOMU-UK & DOMU-Marketplace; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our ebay Storefronts constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our ebay Storefronts to purchase products from us, the following steps must be taken: You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's ebay Storefronts, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4. Products
4.1 We may periodically change the products available on our ebay Storefronts, and we do not undertake to continue to supply any particular product or type of product.
5. Prices
5.1 Our prices are quoted on our ebay Storefronts.
5.2 We will from time to time change the prices quoted on our ebay Storefronts, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our ebay Storefronts are stated inclusive of VAT.
5.4 It is possible that prices on the ebay Storefronts may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our ebay Storefronts from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) An amount equal to the amount of the charge-back;
(b) All third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) An administration fee of GBP 25.00 including VAT; and
(d) All our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
And for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in our delivery policy document.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
8. Distance contracts: cancellation right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may withdraw an offer to enter into a contract with us through our ebay Storefronts or cancel a contract entered into with us through our ebay Storefronts (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) Beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us at DOMU Brands Ltd C/O Torque Logistics ,Martland Park, Challenge Way, Wigan, WN5 0LD. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.9 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
(b)[the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;
(c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
(f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; and
(g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy].
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our ebay Storefronts; and
(e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
10. Breach of product warranty
10.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 9.2, please contact us to discuss the issue and arrangements for the return of the products.
10.2 If products you purchase from us do not conform with the warranties set out in Section 9.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
10.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 [You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the ebay Storefronts or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).]
11.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) £250; and
(b) the total amount paid and payable to us under the contract.
12. Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under the contract; or
(b) you commit any breach of the terms of the contract.
12.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17,
18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
14. Scope
14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
14.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
14.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
15. Variation
15.1 We may revise these terms and conditions from time to time by publishing a new version on our ebay Storefronts.
15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
16. Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
18. Severability
18.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these terms and conditions, together with [our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
21. Law and jurisdiction
21.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our ebay Storefronts. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is GB993263095.
22.4 We are a member of WEEE Producer Compliance Scheme, WEE/JF4878SZ administered by Veolia Environmental Services.
23. Our details
23.1 This Storefront design is owned and operated by DOMU Brands Ltd.
23.2 We are registered in England and Wales under registration number #07047520, and our registered office is at 5th Floor, The Tower, Deva Centre, Salford, M3 7BF.
23.3 Our principal place of business is at 5th Floor, The Tower, Deva Centre, Salford, M3 7BF.
23.4 You can contact us by writing to the business address given above, by email or by telephone on 0161 8335 443.
VONHAUS WARRANTY TERMS & CONDITIONS
Domu Brands Limited trading as VonHaus (‘we/us/our’), provide a free of charge warranty on our products automatically applied on purchase.
This means that, in the event that your Product is found to be mechanically defective within the 2 year Warranty Period, we will arrange for it to be (at our discretion) repaired or replaced free of charge including all parts and labour, subject to the terms and conditions set out below.
1. Redemption
1.1 A 2 year warranty is automatically applied on purchase. In order to redeem your 2 year product warranty you will need to provide us with your name and contact details, along with details of your Product, including the model number and date of your Order (“Relevant Information”). You will find all of this information on your Order Confirmation email. Please keep a copy of your Order Confirmation safe for future reference.
1.2 A 25 year warranty is automatically applied on all purchases of VonHaus TV brackets.
2. Remedies available to you
2.1 If your Product develops a mechanical defect during the Warranty Period, in order to make a claim under this warranty you will need to contact us within 30 days of you becoming aware of the relevant defect and, at the same time, provide us with the Relevant Information. Failure to notify us within this timeframe may invalidate any such warranty claim.
2.2 Once we have verified that your warranty is valid, we will provide you with information about how to return the Product to our warehouse for inspection/testing, the cost of which is initially covered by DOMU Brands Limited (Company No.7047520). In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the products to us in their original packaging, along with a covering note quoting the authorisation number and a copy of your original order confirmation.
2.3 If, once we have inspected/tested the Product, we consider that (in our sole opinion) the warranty claim is substantiated based on these terms and conditions, we will either (at our discretion):
2.3.1 repair or replace the defective Product (or part thereof); or
2.3.2 where such Product (or part thereof) is no longer available, provide such alternative product (or part thereof) as shall have an equivalent functionality to the defective Product (or part thereof); or
2.3.3 If no equivalent product is available, we will refund to you a fair and reasonable amount which shall not exceed the amount paid or payable by you in respect of the Product. We reserve the right to deduct an appropriate amount from the value of the Product in respect of the period of use already enjoyed.
2.4 in the event that we discover your product is not defective, you will be responsible for the
cost of transportation of the Product to and from our warehouse, billed at the cost that we have incurred. We will not in any circumstances be responsible for the cost of transportation of any Product (either to or from our warehouse) which we do not consider to be subject to a valid warranty claim.
2.5 All replaced spare parts and Products, which are not returned to you, shall become the property of DOMU Brands Limited (Company No.7047520)
2.6 If any Products are repaired or replaced under this warranty, the warranty cover will remain in force for the then unexpired proportion of the original Warranty Period (i.e. from the original Date of dispatch) and the warranty will not re-start from the date of repair or replacement.
2.7 For the avoidance of doubt, the above remedies shall be your sole remedies hereunder or otherwise, save that any consumer statutory rights available to you in these terms and conditions.
3.What’s not included?
The following indicative list of circumstances shall not be covered by our warranty. The following list is not intended to be exhaustive and the warranty is only offered within the scope defined in this document.
Damage caused by external factors such as fire, theft, and weather (including lightning damage);
Incorrect, careless or inappropriate handling or installation of the Product; use of the Product in any circumstances of service other than for which the Product was designed; accidental damage; neglect; failure to properly maintain the Product or the unauthorised repair of the Product; any other failure to follow the Product manufacturer’s instructions; fair wear and tear; acts of vandalism or deliberate damage.
Consumables such as batteries, fuses, light bulbs etc;
Use of the Product commercially or for business purposes;
Cosmetic damage or deterioration to the Product of whatever nature, such as scratches, dents, corrosion or changes in colour, where the function of the Product is unaffected;
Inadequate or inappropriate packaging of the Product when returning it to our warehouse;
The Excluded Products; only products advertised with extended warranty and are sold by retailers verified by DOMU Brands Ltd are eligible for extended warranty. All other products are excluded;
Any Products which are supplied for use outside of the United Kingdom;
Any loss suffered as a result of not being able to use the Product, or any loss over and above the purchase price of the original Product.
4.Our liability for any loss or damage suffered by you
4.1 If we fail to comply with these terms and conditions, we shall be responsible for any loss or damage that you suffer that is a foreseeable result of our failure to comply with these terms and condition or our failing to use reasonable care and skill, but we shall not be responsible for any loss or damage that is not foreseeable.
4.2 We only supply the Products and warranty services described in this document for domestic and private use. Subject to clause 4.3, if you use the Products or the warranty services for any commercial, business or re-sale purpose we will have no liability to you whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.3 Nothing in this warranty shall operate so as to limit or exclude our liability for death or personal injury arising from our negligence, for fraud or for any other matter in respect of which liability cannot be limited or excluded by operation of law.
5.General
5.1 You agree to provide to us with such assistance as may be reasonably needed to carry out a warranty assessment or Product repair/replacement. Failure by you to provide such assistance may invalidate the warranty.
5.2 We undertake to complete any Product repair/replacement in respect of a valid warranty claim as soon as reasonably practicable and, in any case, within 60 days of receipt of your returned Product, but we shall not be obliged to do so outside of normal working hours (9am – 5pm) or on weekends / bank holidays.
5.3 This warranty is subject to (English law) and the (courts of England and Wales) shall have exclusive jurisdiction over any matters arising out of or in connection with these warranty terms and conditions. This does not affect any consumer statutory rights that you may have for the purposes of this warranty.
6. Definitions
The following phases shall have the following meanings in the warranty document:
“Date of Dispatch” means the date of dispatch of the Product to you, as confirmed to you in an email from us or the relevant third party retailer;
“Excluded Products” means the limited number of excluded products which we are, unfortunately, unable to offer the warranty protection in respect of, which will be stated on the packaging of the applicable product(s) on receipt.
“Order” means your online order for the Product;
“Order Confirmation” means the electronic confirmation of your Order, which will be sent to you by email on receipt of your Order by us or the relevant third party retailer;
“Product” means the specific product identified in the Order Confirmation respect of which we offer the warranty protection as specified in this document, with the exception of the Excluded Products;
“Relevant Information” means the information specified in clause 1.1;
“Warranty Period” means a period of 2 years from the Date of Dispatch, except in cases where it means a period of 5 years from the Date of Dispatch as expressly stated on the Product description.
“we”, “us” or “our” means DOMU Brands Limited (trading as VonHaus) a company registered in England and Wales (company number: 7047520) with its registered address at Floor 5, The Tower Deva City Office Park, Trinity Way, Salford, M3 7BF; and
“you” shall mean the person who is identified as purchasing the Product in the Order Confirmation.
