These Terms and Conditions are the standard terms and conditions that apply to the sale of Products by us, Simply Coconuts, a trading name of The Simply Products Organisation Ltd, a company registered in England & Wales under number 10443286, whose registered office address is at 33 Brixworth Road, Spratton, Northampton, NN6 8HH.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Calendar day” means any day of the week;
“Contract” means the contract for the purchase and sale of the Products, as explained in clause 2;
“Customer” means you, the individual, firm or corporate body placing an Order with us;
“Order” means your order for the Products;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2;
“Price” means the price payable for the Products;
“Products” means the products which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation); “We/Us/Our” means us, Simply Coconuts, and includes all employees and agents of ours; and
“Website” means www.simplycoconuts.co.uk.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
2. The Contract
2.1 These Terms and Conditions govern the sale of all Products by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process. Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it.
2.2 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us. Order Confirmations will be provided in writing and will contain the following information:
2.2.1 Confirmation of the Products ordered with fully itemised pricing including, where appropriate, taxes, delivery and other additional charges;
2.2.2 Our identity and contact details;
2.2.3 The estimated delivery date(s) and time(s).
2.3 If we, for any reason, do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.
2.4 Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it.
3. Description and Specification of Products
3.1 We have made every reasonable effort to ensure that the Products conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate.
3.2 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
3.3 We neither represent nor warrant that particular Products will be available. Stock indications are not provided on our Website.
4. Price and Payment
4.1 The Price of the Products will be that shown our Website at the time of your Order.
4.2 If we quote a special price which is different to the Price shown in our current sales and marketing literature or on our Website, the special price will be valid for 7 days or, if the special price is part of an advertised special offer, it will be valid only for the period shown in the advertisement. Orders placed during this period will be accepted at the special price even if we do not accept the Order until after the period has expired.
4.3 Our Prices may change at any time but these changes will not affect any Orders that we have already accepted.
4.4 We have made every reasonable effort to ensure that our Prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
4.5 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mis- pricing. Prices will be checked when we process your Order.
4.6 All Prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.
4.7 Delivery charges are not included in the price of the Products on our Website. Delivery options and any related charges will be presented to you as part of the Order process.
4.8 Payment for the Products and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
4.9 All payments made via the Website will go through an online payment gateway provider, such as PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by such third party.
5.1 When we provide you with an Order Confirmation, we will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of the Products, your location, and circumstances beyond our control.
5.2 Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Products.
5.3 Orders will be delivered by courier, unless otherwise specified. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
5.4 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until delivery is complete as defined in clause 5.2, at which point it will pass to you.
5.5 You own the Products only once we have received payment in full of all sums due (including any applicable delivery charges).
6. Faulty, Damaged or Incorrect Products
6.1 By law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Products, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund or replacement.
6.2 Beginning on the day that you receive the Products (and ownership of them) you have a 30 calendar day right to reject the Products and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement.
6.3 If the packaging is damaged on delivery, please contact us within 48 hours of delivery so we can investigate the issue with the delivery company.
6.4 To return Products to us for any reason under this clause 6, please contact us to arrange for them to be returned. You will need to return the Product(s) unopened, in the original packaging.
6.5 On receipt of the returned Products, if we prove them to be faulty, damaged or incorrect, we will provide you with a replacement within a reasonable time and will reimburse you for the postage costs in returning them to us.
6.6 In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including any delivery costs paid by you when the Products were originally purchased. Refunds will be issued within 14 days of the day on which we agree that you are entitled to the refund.
6.7 Please note that you may not return Products to us under this clause 6 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Products for this reason. Please refer to clause 7 for more details.
7. Cancelling and Returning Products if You Change Your Mind
7.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed.
7.2 Please note this “cooling off” period does not apply to Orders under the value of £42 (including delivery costs and other charges). It also does not apply to Products supplied in sealed packaging for hygiene reasons. These cannot be returned if the packaging has been opened.
7.3 If the Products are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Products.
7.4 If the Products are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Products.
7.5 If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling off period. You may do so in any way you wish, however for your convenience we offer a cancellation form on our Website and will include a link to it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.
7.6 Please ensure that you return Products to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this clause 7.
7.7 You may return Products to us by post or another suitable delivery service of your choice to our returns address provided with the Products. Please note that you must bear the costs of returning Products to us if cancelling under this clause 7.
7.8 Refunds under this clause 7 will be issued to you using the same payment method that you used when ordering the Products unless you specifically request otherwise, within 14 calendar days of the following:
7.8.1 The day on which we receive the Products back; or
7.8.2 The day on which you inform us (supplying evidence) that you have sent the Products back (if this is earlier than the day under clause 7.8.1); or
7.8.3 If we have not yet provided an Order Confirmation or have not yet dispatched the Products, the day on which you inform us that you wish to cancel the Contract.
8. Cancellations by Us
8.1 We may cancel your Order at any time before we despatch the Products to you, in the following circumstances:
8.1.1 If the Products are no longer in stock and we are unable to re- stock (if, for example, the Products are discontinued); or
8.1.2 If an event outside of our control occurs (please see clause 10 for events outside of our control).
8.2 If we cancel your Order 6 and you have already paid for the Products under clause 4, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
9. Our Liability
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
9.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.4 If you are concerned about allergies, please contact us before placing your Order.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a consumer.
10. Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
11. Communication, Complaints and Feedback
11.1 If you wish to contact us, you may do so using the contact form on our Website.
11.2 In certain circumstances, you must contact us in writing (when cancelling an Order, for example). When contacting us in writing, you may email us or write to us using the contact form on our Website.
11.3 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
12. How We Use Your Personal Information (Data Protection)
12.1 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
12.2 We may use your personal information to:
12.2.1 Provide our Products and services to you;
12.2.2 Process your payment for the Products;
12.2.3 Send our newsletter to you; and/or
12.2.4 Inform you of new products available from us. You may request that we stop sending you this information at any time.
12.3 We will not pass on your personal information to any third parties without first obtaining your express permission.
13. Other Important Terms
13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions (and the Contract) (including any non- contractual matters and obligations arising from them or associated with them) will be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising from them or associated with them) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.
15.1 All terms and conditions contained within this document relate to retailers as well as consumers, except for clauses 4.8, 4.9, 6, 7 and 9.5.
15.2 Terms of payment for retailers are as follows:
15.2.1 The first six Orders placed will require payment to be made before those Orders can be despatched. Payment will need to be made via a BACS transfer to our bank account, the details of which will be given on our invoice. The items ordered will not be despatched until payment clears in our bank account.
15.2.2 After the first six Orders, provided that all previous payments have been made on time and no other terms have been breached, we may offer you a credit facility at our sole discretion. In this event, we will require you to sign our Credit Account form confirming that future Orders will be made on credit and that you agree to our payment terms including (but not limited to) payment being made for the full invoice amount within 30 days from the date of invoice.
15.2.3 We do not accept Orders on a “sale or return” basis.
15.3 We only accept returns if the Products are faulty, damaged or incorrect. In this event, please contact us to arrange the return of only those Products which are faulty, damaged or incorrect. We will issue a replacement or a credit against your account, at our sole discretion.