Terms & Conditions
(Updated on 1st August 2018)
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by these terms and conditions.
We have tried to make our terms & conditions as clear as possible, however if you do have any questions about the information here please contact us before you place an order. You can email our Customer Service team at: [email protected]
- Read through these terms and conditions carefully before using this website.
- Print a copy for future reference.
- Also read the other sections mentioned above regarding our policies.
1.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.4 When you use certain This Is It services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
1.5 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.7 You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
2. The Order Process, Contract Creation & Contract Cancellation
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email. Please note that this email is not an order confirmation or order acceptance from This Is It.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered and we will send you a dispatch email, unless we have notified you that we do not accept your order or you have cancelled it (please refer to our Returns & Refunds Policy). Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
2.4 Non-acceptance of an order by us, may include one of the following reasons:
- The product you ordered being out of stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
2.5 Contract Cancellation under the Distance Selling Regulations:
- Perishable goods (such as flowers and food)
- Unsealed CDs, DVDs, tapes or other recording media, software or videos
- Partially or wholly self-assembled furniture
Please see our Returns & Refund Policy for further details.
2.6 We do not file details of your order for you to subsequently access directly on this website; therefore please print out these terms and conditions, the order acknowledgement, and confirmation for your own records.
2.7 Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through the This Is It website. Only one promotional discount code can be applied to an order.
3.2 Delivery charges and estimated timescales are specified in the Delivery Policy section. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. This Is It shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.4 Please refer to our Delivery Policy for detailed information.
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
5. Returns, Cancellations and Substitutions
6. Intellectual Property
7. Liability and Indemnity
7.3 Subject to Section 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 8.1 above, This Is It will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings);
- or loss of goodwill or reputation;
- or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 8.1, This Is It aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 This Is It shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not permit, create unauthorized framing of, or deep linking to, This Is It, or the creation of derivative works thereof from any other website under your management or control.
8.6 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by This Is It.
8.7 This Is It reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.8 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.9 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except: