Shipping & Returns
INFORMATION ABOUT US
1. somerfordmini.co.uk and somerfordmini.com are sites operated by Somerford Mini Limited (We). We are registered in England and Wales under company number 04578297 and with our registered office at 9 Harris Road, Porte Marsh Industrial Estate, Calne, Wiltshire SN11 9PT. Our main trading address is as set out above. Our VAT number is GB543-4164-58 & EORI No. GB543416458000
2. YOUR STATUS
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been Despatched (the Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.
The Contract will relate only to those Products whose Despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
4. CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk and accompanied by the relevant Purchase Invoice. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out at the time of ordering the Products.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our Despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when Despatching the Product to you. If a Products correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before Despatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with:
Sage Pay, PayPal
We will not charge your credit or debit card until we despatch your order.
8. OUR REFUNDS POLICY
Incorrect parts must be notified to Somerford Mini Limited within 7 working days of receipt and will be subject to our Conditions of Returns numbers 10-2.1 to 10.2.5. If Somerford Mini Limited is found to be at fault we will arrange collection (at our cost) of the relevant part or request it to be posted back to us. The return postage paid by customer will be refunded to original payment method on receipt of the part. The correct part will be sent out carriage/postage free to customer. Somerford Mini Limited alone will determine the method by which the parts will be returned and will not refund excessive carriage/postage charges involved.
Conditions of Return
Part(s) returned must be in original condition with any packaging intact and must not have been fitted, marked, damaged or tampered with in any way.
Part(s) returned must be accompanied by a copy of the relevant purchase invoice.
Part(s) returned must be within the specified period stated under Returns Policy.
No credits will be held against future purchases.
Non-stock items specifically ordered for the customer will not be accepted back for credit.
Return postage/carriage must be paid by customer (see condition 9).
The original carriage/postal charge will not be refundable.
Part(s) returned after 7 working days of receipt will incur a handling charge of 15% for any stock part returned, excluding postage/carriage charge. Full monetary value of the returned part may be put against other part(s) of similar monetary value or more.
Faulty parts must be notified to us prior to return.
We reserve judgement until we receive the faulty part and have it examined. In some instances this may mean we return it to the manufacturer for testing, their findings will be binding.
We may arrange collection at our cost, or ask the custome to post the part back for which they will be reimbursed. Should the parts subsequently be found not to be faulty, the customer will be liable for all such costs incurred.
Reimbursement will be made by the original payment method.
Manufacturers warranty period will be binding.
Any such warranty will be from the date of purchase.
A copy of the original invoice must be supplied.
The warranty will not cover any labour charges incurred; failure of a related component; failure resulting from incorrect installation or misuse; nor will the warranty in any event be greater than the cost of the original component.
In the event of a warranty claim being upheld, the cost of carriage/post will be reimbursed.
Exchanging cores (unit) are subject to a surcharge that is refunded when a suitable core is returned to us and is deemed by Somerford Mini Limited or the Manufacturer to be in a condition to recondition.
All core must be returned within 90 days of purchase.
A copy of original invoice showing the surcharge must be with any returned core.
All core must be complete, assembled and in a suitable condition to rebuild, in order to receive surcharge refund.
Returned core must be of similar specification to that purchased to enable refund of surcharge, unless otherwise agreed by Somerford Mini Ltd.
The customer must pay for all carriage/postal charges for the returned core and these charges are not refundable.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
All returns must be accompanied by the original invoice.
9. OUR LIABILITY
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10. IMPORT DUTY
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
INCOTERMS: DAP "Delivered at Place"
- Goods, commercial invoice and documentation
- Export packaging and marking
- Export licenses and customs formalities
- Pre-carriage and delivery
- Loading charges
- Cost of pre-shipment inspection
- Main carriage
- Delivery to named place of destination
- Proof of delivery
- Payment for goods as specified in sales contract
- Payment of associated shipping charges
- Unloading from arriving means of transportation
- Import formalities and duties
- Cost of import clearance pre-shipment inspection
- Onward carriage and delivery to buyer
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Somerford Mini Limited at 9 Harris Road, Porte Marsh Iindustrial Estate, Calne, Wiltshire SN11 9PT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
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.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other partys only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.