Customer Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER
IMPORTANT: PLEASE NOTE THAT IF YOU PLACE AN ORDER FOR A PRODUCT YOU SHALL LOSE YOUR RIGHT TO A 14 DAY COOLING OFF PERIOD FROM THE MOMENT AT WHICH YOU WHOLLY OR PARTIALLY UNSEAL THE PACKAGING IN WHICH THE PATCHES ARE HELD AND YOU SHALL HAVE NO RIGHT TO CHANGE YOUR MIND FROM THAT MOMENT.
We recommend that you print a copy of these terms for future reference.
- THESE TERMS
What these terms cover. These are the terms and conditions on which we supply products to you.
Wh… you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract of our supply of products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the contact details listed below to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Horopito Limited (trading on our Website as “To Better Days”), a limited company registered in England and Wales. Our company registration number is 10984513 and our registered office is at 82 St John Street, London, United Kingdom, EC1M 4JN. Our VAT registration number is 323285810.
How to contact us. You can contact us by writing to our customer service team at [email protected]
How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us with your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
What will happen when you place an order. Shortly after you have placed an order with us, we will send you an order acknowledgement. The order acknowledgement is purely for information purposes and does not constitute acceptance of your order.
How we will accept your order. Our acceptance of your order will take place when we send you an order confirmation email, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet the estimated delivery timescales specified.
We also reserve the right to refuse to accept your order if the contents of the order would violate these terms and conditions.
Your order reference number. We will assign an order reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order reference number whenever you contact us about your order.
How to tell us about problems. If you have any questions or complaints about the product, please contact us by writing to us at [email protected]
Your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
- WE HAVE THE RIGHT TO MAKE CHANGES
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; or
- to implement minor design adjustments and improvements.
Significant changes to the products. We may make significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before you or someone nominated by you takes delivery of the product and receive a refund for any products paid for, but not received.
Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for, but not received.
- DELIVERY OF THE PRODUCTS
Delivery costs. The costs of delivery will be as set out on the Website and on your order summary prior to submitting your order to us for processing.
When we will provide the products. During the order process we will let you know when we will deliver the products to you. Please note that our estimated delivery timescales are estimates only.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. You may contact us to end the contract and receive a refund for any products you have paid for but not received within 30 days of placing your order with us.
If no one is at the delivery address when the product is delivered. If no one is available at the delivery address provided to us for delivery of the product and the products cannot be posted, we will leave you a note informing you of how to rearrange delivery or collect the products from your closest Royal Mail collection centre.
If the recipient does not rearrange delivery. If, after a failed delivery, you (or someone you nominate) do not re-arrange delivery or collect it from your local Royal Mail collection centre we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or you have failed to re-arrange or collect the products, the products may be returned to us and we may end the contract and Clause 8.2 will apply.
When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us when you placed your order.
When you own the products. You own a product once we have received payment or, if later, when you or your nominated recipient has taken delivery of the product.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you; for example, your name and address. We may contact you in writing to ask for this information if it is missing from the information provided when you placed the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any one or more of them if this is caused by your not giving us any information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes; or
- update the product (including its packaging) to reflect changes in relevant laws and regulatory requirements.
Your rights if we suspend the supply of a product. We will contact you to tell you we are suspending supply of a product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days.
- YOUR RIGHT TO END THE CONTRACT
When you can end your contract with us. The scope of your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or all of your money back), see Clauses 7.1.2, 7.2 and 7.4;
- If you want to end the contract because of something we have done or have told you we are going to do, see Clauses 6.2, 7.2 and 7.4; or
- If you have just changed your mind about the product, see Clauses 6.3 to 6.5 and 7.3. You may be able to get a refund if you have ordered a product and you are within the Cooling-Off Period (explained below). You will have to pay the costs of return of the products. The packaging for the products must not have been wholly or partially unsealed.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at Clauses 6.2.1 to 6.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for design and/or technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the products and to receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the products, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products (the “Cooling-Off Period”).
When you don’t have the right to change your mind and return a product within the Cooling-Off Period. Due to hygiene reasons, you do not have a right to change your mind from the point the packaging for the product has been wholly or partially unsealed.
- HOW TO END THE CONTRACT WITH US (including if you have changed your mind)
Tell us you want to end the contract.
- To end the contract with us because you have changed your mind within the Cooling-off Period and the packing remains sealed, please let us know by doing one of the following:
- Email us at [email protected] Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address; or
- Write to us at Horopito Limited, WeWork, 2 Eastbourne Terrace, London W2 6LG. Please provide your order reference number and brief details of what you bought, when you ordered or received it and your name and address; or
- Using the Model Cancellation Form below:
- Online. Complete the Model Cancellation Form and email this to the address specified on the form.
- By post. Complete the Model Cancellation Form and post it to us at the address specified on the form.
- To end the contract for any other reason, please email us at [email protected]. Please provide your order number and a brief description of what you bought, when you ordered it, the delivery date and your name and address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us by post. If you are exercising your right to change your mind for a product as set out in Clause 6.3, you must send off the product within 14 days of telling us you wish to end the contract. Please see Clauses 7.3 and 7.4 for details of when we will pay the costs of return and how to return the products to us.
When we will not pay the costs of return. We will not pay the costs of return if you are exercising your right to change your mind in respect of the products where the packing remains sealed and you are within the Cooling-Off Period. If you are returning the products to us in exercise of this right, please return the products to us by first class post to Horopito Limited, WeWork, 2 Eastbourne Terrace, London W2 6LG.
When we will pay the costs of return. We will pay the costs of return where:
- you are returning the products because the products are faulty or misdescribed; or
- you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
If you return the products for either of the reasons at Clause 7.4.1 or 7.4.2 above, we will refund you the cost of returning the products.
How we will refund you. We will refund you the price you paid for the products, including the delivery cost, by the method you used for payment.
When your refund will be made. If you are exercising your right to change your mind for products during the Cooling-Off Period then we will refund you the price paid within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 7.2.
- OUR RIGHT TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example your name and address for delivery; or
- You do not, within a reasonable time, allow us to deliver the products to you (or someone you nominate) or collect them from your local Royal Mail collection centre.
You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out on the Website. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see Clause 9.2 for what happens if we discover an error in the price of the product you order.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is different than the price stated to you, we may contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
When you must pay and how you must pay. All payments are to be made through the Website through one of our third party payment providers as specified to you on the payment page of the Website prior to placing the order. You must pay for the products in full before we will dispatch them.
What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us immediately to let us know.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products to consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookies Policy.
- OTHER IMPORTANT TERMS
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
By Post: To Horopito Limited (trading as “To Better Days”), WeWork, 2 Eastbourne Terrace, London W2 6LG.
By Email: To, [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]:
Ordered on [*]/received on [*],
Order Reference Number(s),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.