Terms & Conditions of Supply
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21 January 2014.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website Saltan.co.uk. We are Saltan Limited, a company registered in England and Wales under company number 08620849 and with our registered office at UNIT 1, SCS 238 WINCHESTER ROAD SOUTHAMPTON SO16 6TL. Our main trading address is UNIT 1, SCS 238 WINCHESTER ROAD SOUTHAMPTON SO16 6TL.
1.2 To contact us, please see our Contact Us page.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 We and our affiliates attempt to be as accurate as possible but we do not warrant those product descriptions or other content is accurate, complete, reliable or error-free. From time to time there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions. We reserve the right to correct these and to change or update information at any time without prior notice (including after you have submitted your order).
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail [that confirms that the Products have been dispatched] (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause Error: Reference source not found, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract [under the Consumer Protection (Distance Selling) Regulations 2000] during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract [under these regulations] is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) any products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed;
(e) any items which for the sake of hygiene and public health we could not accept back when they have been opened or used;
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, please contact us in writing as set out in clause 20 to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. [If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.]
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or misdescribed, please see clause 9.6.
9.6 We try very hard to ensure that you receive your order in pristine condition. If you have returned the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of a defective Product in full and any reasonable applicable delivery charges.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 Taking reasonable care of the product shall include not removing our label, not breaking the seal.
9.10 We shall not accept returned Products unless they are sent back complete, that is:
(a) in their original packaging;
(b) in all original boxes;
(c) with packaging materials;
(d) with information cards;
(e) with all accessories and documents;
as provided by us when we sent them to you, except in the case of faulty Products where a problem at parts (a) or (b) or (c) or (d) or (e) was our fault prior to dispatch.
9.11 We shall not accept a refund any discounted or end-of-line products. These can only be returned for the purpose of repair or exchange.
9.12 Product returned for exchange or refund but tampered with by you will not be replaced. They will be returned to you at your expense.
9.13 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
9.14 We strongly recommend that you fully insure the Products that you are returning. We suggest the use of a carrier who can provide you with a proof of delivery. We will not be held responsible for items lost or damaged in return transit.
9.15 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.16 Any exchange you request, where the Product sent to you was neither faulty or sent incorrectly, may incur you a second charge.
10.RETURN AFTER 7 DAYS
Any order cancelled after the 7 day cooling-off period at clause 9.3, and where the Product was neither sent to you faulty or incorrectly will incur, in the case of a refund, a 15% restocking fee to cover our administration.
11.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2Delivery will be completed when we deliver the Products to the address you gave us.
11.3We try to make the delivery process as simple as possible and are able to send your order either your home or to your place of work.
11.4 Delivery times are calculated in working days Monday to Friday. If you order after 3 pm, the next working day will be considered the first working day for delivery. In the case of bank holidays and over the Christmas period, please allow an extra two working days.
11.5 We aim to deliver within 3 working days but sometimes due to high order volume certain in sales periods please allow 4 days before contacting us. We will attempt to email you if we become aware of an unexpected delay.
11.6 All small orders (under 1KG) are sent out via royal mail standard parcel service unless postal insurance is ordered, in which case it will be sent out via royal mail’s insured service, which will need a signature. If you are not present a card will be left to advise you to pick up your goods from the local sorting office.
11.7 Each item will be attempted to be delivered twice. Failed deliveries after this can be delivered at an extra cost to you or you can collect the package from your local post office collection point.
11.8 Orders of 1KG and over will be sent out with an alternate courier's standard service unless postal insurance is ordered, in which case the parcel will be sent via their tracked and insured service which will require a signature upon delivery. If you are not present the courier will attempt to deliver a further 2 times. If a signature and delivery have not been made after 3 total attempts the re-delivery fee will be the same as that of the initial postage and packaging cost. All couriers we use offer a 'collect from depot' option and the choice of the re-delivery day.
11.9 [If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.]
11.10 The Products will be your responsibility from the completion of delivery.
11.11 You own the Products once we have received payment in full, including all applicable delivery charges.
12. No international delivery
12.1 Unfortunately, we do not offer delivery to addresses outside the UK.
12.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
12.3 We do plan to add exports to our services in the future. If you have a special request, for example, to discuss distribution deals, please Contact Us for your requirements
13. Price of products and delivery charges
13.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause Error: Reference source not found for what happens in this event.
13.2 Prices for our Products may change from time to time without notice, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges Page.
13.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
14. Coupons and promotions
The validity of coupons, vouchers and/or promotional discounts are subject to our discretion; Saltan Ltd may stop any promotion or/and vouchers/coupons at any time for any reason. Orders which have been paid for previous to any voucher/coupon/promotion being stopped may still be eligible if not a full refund will be given.
15. How to pay
15.1 You can only pay for Products using a PayPal account OR a debit card or credit card. We accept the following cards through PayPal: Visa, Mastercard, American Express & Discover.
15.2 Payment for the Products and all applicable delivery charges is in advance.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
16.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 10% of the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17.Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18.Events outside our control
18.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you, and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.Communications between us
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to email@example.com or through our Contact Us form. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail. If you wish to contact us in writing for any other reason, you can send this to us by e-mail
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid post, e-mail, or posted on our website.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20.Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. [We will always notify you [in writing or] by posting on this webpage if this happens.]
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. [However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause Error: Reference source not found to the recipient of the gift without needing to ask our consent].
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms[, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise]. [However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause Error: Reference source not found, but we and you will not need their consent to cancel or make any changes to these Terms.]
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).