Terms & Conditions
Updated 3rd September 2019
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 All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times.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).
1.6 Our Products are designed for domestic use and we do not make any guarantees or warranties about their performance in a commercial environment.
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.
1.8 Percentage Savings shown are rounded to the nearest whole number. For example. 26.7% would be rounded 27% and 22.4% would be rounded to 22%.
Goods, Pricing and Availability
1.9.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
126.96.36.199 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
188.8.131.52 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
- Please note that sub-Clause 1.9.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 5 if you receive incorrect Goods (i.e. Goods that are not as described).
- We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications may be inaccurate, if, for example, stock is lost or damaged in our warehouse.
- Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 1.9.8 regarding VAT, however).
- All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3 working days, We will treat your Order as cancelled and notify you of this in writing.
- In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
- All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to Our delivery policy. Delivery options and related charges will be presented to you as part of the order process, on the product page and in the checkout.
2. The Order Process, Contract Creation & Contract Cancellation
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
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:
Please note that you are allowed to cancel this contract if you so wish under the terms set out in the Distance Selling Regulations, provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the order. We require that the products are returned to us by you, at your expense (unless the goods are damaged, faulty or delivered to you in error in which case please refer to our Returns & Refunds Policy).
If you wish to exercise your right to cancel this contract after your order has been despatched, we will refund purchase price and delivery charge (as laid out in our Returns & Refunds Policy), provided that you have notified us in writing no longer than 14 working days after the day on which you receive the order. The products should be returned to us within 14 days of the contract being cancelled. You will bear the direct costs only of returning the products to us. You must take reasonable care of the products, not use them, ensure that we receive them and that they are not damaged in transit. If we do not receive the item back from you, we may arrange for collection of the item from your residence at your cost. If you fail to return the goods within 21 days then we may have a claim against you for a breach of your statutory duty. Please follow the procedure set out in our Returns & Refunds Policy.
Please note that your right to return does not apply to certain products that fall into the following categories unless they are faulty, damaged or not as described:
- 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.
3.1 All goods must be signed for by an adult aged 18 years or over on delivery.
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.
4.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk. (Thisisitstores.co.uk is not responsible for the content of external websites).
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:
- a) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 Payment can be made by Delta, Mastercard, Solo, Maestro, Visa or Paypal. Other payment methods may be available when you go through to checkout. Payment information will be given when you go through to the checkout page after you have supplied your delivery details. If payment is made via credit or debit card, your transaction will appear as "merchantstores.co.uk" on your bank statement, as we process payments for multiple websites.
4.5 Title to any products that you order on this website shall pass to you on delivery of the products to the given address, providing that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see our Delivery Policy page for further details including Express delivery charges where available).
4.7 Please note: If the discount code is not entered before the order is completed we regret that we are unable to retrieve the discount for you.
4.8 This Is It Famous Value Stores reserve the right to stop this promotion at any time.
5. Returns, Cancellations and Substitutions
5.1 In the unlikely event that you receive faulty, damaged or incorrect goods, please refer to our Returns & Refunds Policy section.
5.2 We test every single return. If a returned item is found not to be faulty by our test centre we will return the item to you and you will be liable for the cost of the collection and re-delivery postage.
5.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price.
5.4 Please be aware that where specified on the product page, some goods sold on this website are supplied in a variety of colours and in this case we cannot guarantee the delivery of a particular colour and it may differ from the colour in the product photo. In the event that you wish to cancel the order because of this, you will be responsible for bearing the cost of postage to return the item to us.
5.5 Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns & Refunds Policy page for further details)
5.6 All sizes and measurements are approximate
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, This Is It will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, reliability of the website. This Is It will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and This Is It accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 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 7.1 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 7.1, 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
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
8.2 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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.
8.9 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.
8.10 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:
- a) This Is It Stores Limited (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
- b) This Is It Stores Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
- c) A person who is a permitted successor or assignee under Section 8.9 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
- d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.11 No delay or failure by This Is It to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of This Is It.
8.12 These terms and conditions, including the documents or other sources referred to in these terms and conditions, supersede all prior representations, understandings and agreements between you and This Is It relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and This Is It for your use of this website.
8.13 Nothing stated in these terms & conditions or our other policy sections affects your statutory rights.