Terms & Conditions
Arthr Ltd Terms and Conditions of Service
- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.
- Why 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, what to do if there is a problem and other important information.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: (i) you are an individual; and (ii) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- Are you purchasing from us via an online marketplace? If you are purchasing goods or digital content from us via an online marketplace, these terms and conditions shall apply. In the event that any provision contained within these terms should contradict the terms of the online marketplace, these terms shall prevail.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Arthr Ltd a company registered in England and Wales. Our company registration number is 12203478 and our registered office is at Copeman House St Marys Court St Marys Gate Chesterfield Derbyshire United Kingdom S41 7TD.
- How to contact us. You can contact us by emailing our customer service team on firstname.lastname@example.org.
- How we may contact you. If we have to contact you we will do so via the email address or postal address you provided to us when you made your order.
- OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, 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, by email, and will refund you for the product.
- OUR PRODUCTS
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Hygiene and safety. For reasons of hygiene, health and safety, we are unable to offer a refund or exchange on the following items: (i) in ear headphones; (ii) razors; (iii) epilators; and (iv) toothbrushes.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the product you have ordered please contact us immediately. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
- Minor changes to the products. We may change the product to implement minor technical adjustments and improvements or as a matter of law. These changes will not affect your use of the product.
- Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
- PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be confirmed to you during the order process.
- When we will provide the products. During the order process we will let you know when and how we will provide the products to you. Any dates quoted for delivery are approximate only, and time of delivery is not of the essence.
- We are not responsible for for early delivery/delayed delivery. If our supply of the products is early or delayed by an event outside our control, to include but not limited to early delivery or delays caused by third party couriers, delivery delays or changes of any nature, or otherwise, then we will contact you where possible to let you know and we will take steps to minimise the effect of the early delivery or delayed delivery. We will not be liable for the early delivery or any delays caused, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Collection by you. If you have asked to collect the products from our premises, we will inform you of when and how you can collect them from us.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 re-arrange delivery or collection we reserve the right to end the contract with you.
- When you become responsible for the goods. You will be your responsible for your goods from the time we deliver it to the address you gave us or you collect it from us.
- When you own goods. You own the goods from the time we deliver them to you or you collect them from us.
- We may suspend the supply of goods. We will contact you in advance to tell you we intend to suspend the supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
- PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which includes VAT if applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.2 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. We will check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will 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 goods provided to you.
When you must pay and how you must pay. We accept payment by credit or debit card, via Shopify Payments (Stripe Payments Europe). When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them;
(b) For digital content, you must pay for the products before you download them.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Processing of Payments. Arthr use Shopify Payments and Klarna Buy Now Pay Later payment gateways to process payments of your goods on Arthr.com. We receive your payments after they have been securely processed.
- YOUR RIGHTS TO END THE CONTRACT
Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract;
(b) If you want to end the contract because of something we have done or have told you we are going to do or
(c) If you are a consumer and have just changed your mind about the product.
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 below the contract will end immediately and we will refund you in full for any products which have not been provided:
(a) we have told you about an upcoming change to the product which you do not agree to;
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products; or
(e) you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. At Arthr we offer a 30 day period for you to decide if the product is right for you.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital content after you have started to download these;
(b) sealed computer software, once these products are unsealed after you receive them.
How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Digital content? You have 14 days after the day we email you to confirm we accept your order, or, until you start downloading. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(b) Goods? You have 30 days after the day you receive the goods.
- Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- HOW TO END THE CONTRACT WITH US
- Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services team on 0808 196 7834 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Firstly, speak to our customer services in order to process the best method and next steps. If posting back to us, the address is as follows:
Redpanda Fulfilment LtdC/O Arthr LtdUnit 2 Globe Park
Bucks SL7 1YA
When we will pay the costs of return. We will pay the costs of return under our programme “Free and Easy Returns”:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product 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.
- What we charge for collection. On most products Arthr Ltd will provide a Returns Label where you can take the return to a Drop off Point free of charge. In certain situations you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The product needs to be suitably packed to protect against courier damage. Again, first please speak to our Customer Service team via the online return form or phone 0808 196 7834.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop or if the goods are damaged in transit from you to us. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way and/or they have been damaged in transit, you must pay us an appropriate amount.
- When your refund will be made. We will make any refunds due to you within 14 days from the day on which we receive the product back from you.
- OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time if:
(a) you do not make any payment to us when it is due;
(b) 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; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 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.
- We may end the contract if you break it. We may end the contract for a product at any time if:
- IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0808 196 7834 or email us at firstname.lastname@example.org. If the product you receive from us is faulty or defective in anyway, you must notify us within 7 days of delivery.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
Goods must be as described, fit for purpose and of satisfactory quality. Subject to 13.2 below, during the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: A refund or replacement will be issued as soon as the fault is confirmed.
(b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund in most cases;
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
- If the Goods you receive from us are defective and do not comply with 13.1 above, you must notify us within 7 days of delivery in accordance with clause 12.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must notify us within 30 days of delivery and either post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0808 196 7834 or email us at email@example.com to arrange the return.
- Goods must be as described, fit for purpose and of satisfactory quality. Subject to 13.2 below, during the expected lifespan of your product your legal rights entitle you to the following:
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
- If you are a business customer we warrant that on delivery any products which are goods shall conform in all material respects with their description and any relevant specification; and be free from material defects in design, material and workmanship.
- Subject to clause 14.3, if:
(a) you give us notice in writing within 7 days of delivery that a product does not comply with the warranty set out in clause 14.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product's failure to comply with the warranty in clause 14.1 if:
(a) you fail to notify us of the defect in accordance with 14.3(a) above;
(b) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(c) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(d) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(e) you alter or repair the product without our written consent; or
(f) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 14, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 14.1.
- These terms shall apply to any repaired or replacement products supplied by us under clause 14.2.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
- 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 but we are not responsible for any loss or damage that is not foreseeable.
- 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.
- When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
- Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees or agents, for fraud or fraudulent misrepresentation or for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 14.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 16.1 , we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the products under such contract.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
- WEEE (Waste Electrical and Electronic Equipment) Regulations. If you buy a WEEE item from us, we will take your old WEEE item from you. Customers must return their WEEE item to us within 28 days of purchasing their new WEEE item. Customers returning a WEEE item must pay for the costs incurred in returning the WEEE item to us. WEEE items should be sent by post to Arthr, Redpanda Fulfilment Ltd, Unit 2 Globe Park, First Avenue, Marlow, Bucks SL7 1YA.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Offer and promotional codes
- All offer codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions of Sale unless stated otherwise.
- The offer code must be entered into the Promo Code field on the basket page and applied for the discount to be deducted from the order.
- Only one offer can be applied to any order.
- Offers can be amended or withdrawn at any time.
- Any offers with criteria only valid for Arthr ChangeMakers, are only valid for registered Arthr ChangeMakers.
- The offers and discounts below are not exchangeable for cash and are non-transferable. Returned items will be refunded at the discounted price paid. This does not affect your statutory rights.
- Please contact firstname.lastname@example.org for any queries and we will gladly get back to you.
- Free delivery over £50 terms and conditions
- The offer is valid for mainland UK only, and excludes other remote areas of the UK.
- Other exclusions are applied in our shipping calculator based on your location, please refer to the checkout for your order.
- The offer is subject to subject to our general Terms and Conditions of Sale.
- Please contact email@example.com for any queries and we will gladly get back to you.
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.