Terms of Sale

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Shu-moo.co.uk

Terms of Sale

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from the shu-moo.co.uk website.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

For the avoidance of doubt, these terms of sale do not apply to the purchase of “partner products”: that is, products that are advertised on the shu-moo.co.uk website but purchased via the website of a partner store.

(2) Interpretation

In these terms of sale, “we” means Westway Productions Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on the shu-moo.co.uk website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer to us. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

[(i) you must add any the products you wish to purchase to your shopping bag, select the delivery method desired, and then proceed to the checkout;

(ii) if you are a new customer, you must then create an account with us; if you are an existing customer, you CAN enter your login details;

(iii) you will then have the opportunity to confirm that youR delivery address, billing address and order details are correct; once you have checked these and corrected any input errors, you CAN submit your payment details;

(iv) the shu-moo.co.uk website will then provide an order reference number and an email will be sent to acknowledge receipt of your order;

(v) once we have checked whether we are able to meet your order, we will either send you an order confirmation email (at which point your order will become a binding contract and the items will be dispatched) or we will confirm by email that we are unable or unwilling to meet your order.

Where products are out of stock and we create a back-order for you, that does not constitute a contract between us. A contract for the purchase of products placed on back-order will only come into force when [we send you an email confirming that the product is in stock and that your order has been accepted].

(4) Our products and partner stores

Two kinds of products are advertised on the shu-moo.co.uk website: products sold and supplied by us, and products from our partner stores.

If you wish to purchase products from a partner store, you must visit the relevant partner's store. Similarly, if you have any queries about products from a partner store, you should direct those to the relevant partner. We will not be party to any contract of sale entered into between you and any of partner in relation to such partner products.

(5) Price and payment

Prices for products are quoted on the shu-moo.co.uk website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

Prices must be paid in pounds Sterling.

In addition to the price of the products, you will usually have to pay a delivery charge.

The prices on the website include all value added taxes (where applicable).

We accept payment by credit or debit card via the website, including Visa, Maestro and MasterCard.

Credit and debit card transactions will not be executed until the relevant order is ready for dispatch.

Notwithstanding this, we may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete; and

If you are unable to sign for the products and receive them in person, please specify in your order where the products should be deposited. We will not be liable for any losses arising out of such instructions.

(7) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We may be unable to deliver products to any address outside the UK mainland, and you should check with us before ordering such products.

We will use reasonable endeavours to deliver products within 5 working days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

(8) Delivery charges

Our standard delivery charges are as follows:

- Standard delivery to the UK mainland* (Mon – Fri) = £4.95

- Guaranteed delivery within 48 hrs to the UK mainland* (Mon – Fri) = £8.90

- Saturday AM delivery to the UK mainland* (NB order must be placed by the Wednesday of the week you require the Saturday delivery) = £15.00

- UK non-mainland delivery (Isle of Man, Isle of Scilly, Islands & Highlands of Scotland (PH19-44, PH49-50, IV, KW, PA20-88, ZE, KA27,KA28, HS), Channel Islands & Northern Ireland = £9.95

* For the purposes of delivery charges UK mainland excludes the following (Isle of Man, Isle of Scilly, Islands & Highlands of Scotland (PH19-44, PH49-50, IV, KW, PA20-88, ZE, KA27, KA28, HS)

Extra delivery charges may be applicable to large items. These will be as stated when you pay for the product.

Where you wish to order products for delivery to any other destination (including the Republic of Ireland, mainland Europe and the rest of the world), you must call or email us in advance to confirm postage (08708 509 436 or sales@west-way.com).

(9) “Cooling off” period

You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

(10) Refunds

Returned items should be sent to Westway, Unit 1, Floods Yard, Rectors Lane, Pentre, Deeside, CH5 2DH.

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(11) Statutory rights

Nothing in these terms of sale affects your mandatory statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(12) Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation 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). Nor will we be liable for any losses arising out of any event or events beyond our reasonable control.

(13) General terms

Images of products on the shu-moo.co.uk website are for illustrative purposes; actual products may differ slightly (e.g. in colour and size) from the products shown in such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of the shu-moo.co.uk privacy policy; use of the shu-moo.co.uk website will be subject to the shu-moo.co.uk website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from the shu-moo.co.uk website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from the shu-moo.co.uk website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from the shu-moo.co.uk website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(14) About us

Our full name is Westway Productions Limited.

Our registered office is at 41 South Molton Street, London W1K 5RP; and our ptincipal place of business is at Unit 1, Floods Yard, Rectors Lane, Pentre, Deeside, CH5 2DH

Telephone: 08708 509 436

Fax: 01244 531180

Email: info@west-way.com

Our company registration number is 03072231.

Our email address is info@west-way.com.

Our VAT number is 662553724