Terms and Conditions
Definitions
“Consumer” - You are a consumer if you use or buy goods for personal use (not business use)
“Business” - You are classed as a business if you are buying this item for a company, club, organisation, for resale or reasons other than personal use.
“Supplier” – Saturn Sports Ltd, trading as Saturn Stopwatches, www.saturnstopwatches.co.uk.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by “www.saturnstopwatches.co.uk”, which is a trading name of Saturn Sports Ltd, whose registered office is at e-space South, 26 St Thomas Place, Ely, Cambridgeshire, CB7 4EX, registered in England and Wales No. 08254723 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14-day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 Delivery will not be made until cleared funds are received.
3.3 You may only set off money you claim from the supplier against money you owe with the suppliers written agreement and on such terms as the supplier may state.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 2pm on a working day will be processed that day and will be delivered as per the stated delivery estimate provided no additional security checks are required and all items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods.
4.6 On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5 Risk
5.1 The goods are at your risk from the time of delivery.
6. Title for Business to Business Customers
6.1 If you are a business customer, until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
6.3 Business customers are exempt from returning items within 14 days under the distance selling act.
6.4 Trade customers are liable for all carriage costs.
6.5 Business customers will be charged a 20% restocking fee for returned goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 14 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier (by hand, post or e-mail) giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address supplied by the Supplier. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
7.5 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods.
7.6 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
8. Warranties
8.1 The Supplier warrants that the goods:
8.1.1 comply with their description on the order confirmation; and
8.1.2 are free from material defect at the time of delivery (as long as you comply with clause 8.3).
8.2 The Warranty in clause 8.1 is in addition to your statutory rights.
8.3 The Supplier gives no other warranty (and excludes any warranty, terms or conditions that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
8.4 If you believe that the Supplier has delivered goods that are defective in materials or workmanship, you must:
8.4.1 inform the Supplier (in writing), with full details, as soon as possible; and
8.4.2 allow the Supplier to investigate.
8.5 If the goods are found to be defective in material or workmanship (following the Supplier’s investigations), and you have complied with those conditions (in clause 8.4) in full, the Supplier will (at their option) repair, refund or replace the goods.
8.6 The Supplier cannot accept liability in respect of any defect arising from fair wear and tear, wilful damage, abnormal working conditions, failure to follow the instructions, or the mis-use, alteration or repair of the goods without the Supplier’s approval.
8.7 The Supplier is not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if the Supplier is negligent, including (as examples only);
8.7.1 direct financial loss, loss of profits or loss of use; and
8.7.2 indirect or consequential loss.
8.8 The Supplier’s total liability to you (from one single cause) for damage to property caused by their negligence is limited to five million pounds.
8.9 For all other liabilities not referred to elsewhere in these terms the Supplier’s liability is limited in damages to the price of the goods.
8.10 Nothing in these terms restricts or limits the Supplier’s liability for death or personal injury resulting from negligence.
9. Data Protection
9.1 Where you provide the Supplier with your personal data, the Supplier confirms that the data will be held securely, in confidence and processed for the purpose of carrying out your business and associated activities.
9.2 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
10. Images
10.1 Product images are for illustrative purposes only and may differ from the actual product.
11. General
11.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.