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As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07496 126175.
These Terms and Conditions govern the purchase of goods from FX Pedal Planet Limited (referred to as "FX Pedal Planet Online Store," "the Supplier," "us," or "we"), a company registered in England and Wales under number 13071696, with a registered office at Unit 2, Sherbrook Enterprise, 100 Sherbrook Road, Daybrook, Nottingham, NG5 6AB. You (referred to as "the Customer" or "you") agree to be bound by these Terms and Conditions when ordering goods or services from us. Please note that you can only purchase goods from our website if you are eligible to enter into a contract and are at least 18 years old.
In these Terms and Conditions:
The goods' description provided on our website, catalogues, brochures, or other advertisements is for illustrative purposes only. There may be slight discrepancies in size and colour between the advertised goods and those supplied.
If you request goods made to your specifications, it is your responsibility to provide accurate information or specifications.
All goods displayed on the website are subject to availability.
We reserve the right to make changes to the goods to comply with applicable laws or safety requirements. We will notify you of any such changes.
By ordering goods or services, you agree to be contacted by us through email, other electronic communication methods, or pre-paid post.
The description of goods on our website does not constitute a contractual offer to sell them. We may reject an order for any reason, and we will inform you of the reason without delay.
The order process, as outlined on the website, allows you to review and correct any errors before submitting the order. You are responsible for ensuring the correct use of the ordering process.
A contract for the sale of goods is formed when you receive an email from us confirming the order (Order Confirmation). You must verify that the Order Confirmation is complete and accurate and notify us immediately of any errors. We are not responsible for inaccuracies in the order placed by you. By placing an order, you agree that we may provide confirmation of the contract via email (Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the contract, but no later than the delivery of any goods.
Any quotation is valid for a maximum of 30 days from its date unless we expressly withdraw it earlier.
No changes to the contract, including the description of goods or fees, can be made after its formation unless agreed upon in writing by both the customer and us.
These Terms and Conditions apply specifically to contracts entered into by you as a consumer. If this is not the case, please inform us so that we can provide you with a contract more suitable for your situation.
The price of the Goods, including any additional delivery or other charges, will be as stated on the Website at the time of the Order or as mutually agreed upon in writing. All prices and charges mentioned include VAT at the applicable rate during the Order placement. Payment must be made by submitting your credit or debit card details along with your Order. We reserve the right to take payment immediately or before the delivery of the Goods.
We will deliver the Goods to the specified Delivery Location within the agreed period or, if no agreement exists, without undue delay. In any case, delivery will occur no later than 30 days from the date of the Contract. If we fail to deliver the Goods on time, you have the right to treat the Contract as ended, in addition to any other available remedies, if:
We have refused to deliver the Goods; or
Timely delivery is essential based on the relevant circumstances known to you prior to entering the Contract. After a failed delivery, if you specify a reasonable later period for delivery and we do not comply, you can treat the Contract as ended. If the Contract is treated as ended, we will promptly refund all payments made under the Contract, in addition to other available remedies. If you have the right to treat the Contract as ended but choose not to do so, you can still cancel the Order for any Goods or reject delivered Goods. In such cases, we will promptly refund all payments made for the cancelled or rejected Goods, in addition to other available remedies.
If the Goods have been delivered, you must return them to us or allow us to collect them, with the costs covered by us. If the Goods form a commercial unit, you cannot cancel or reject part of the Goods without cancelling or rejecting the entire Order. We generally do not deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. However, if we accept an Order for delivery outside this area, you may be responsible for paying import duties or other taxes.
We reserve the right to deliver the Goods in installments if there is a stock shortage or a genuine and fair reason. This is subject to the above provisions and does not entail extra charges for you. If you or your nominee fail to accept delivery of the Goods at the Delivery Location without any fault on our part, we may charge you reasonable costs for storing and redelivering the Goods. The responsibility for the Goods transfers to you upon completion of delivery or customer collection. It is advisable to examine the Goods before acceptance, if reasonably practicable.
The risk of damage or loss of the Goods passes to you upon delivery. You do not become the owner of the Goods until full payment is received. If full payment is overdue or if steps are taken towards your bankruptcy, we can cancel any delivery and revoke your right to use the Goods that are still owned by us. In such cases, you must return the Goods or allow us to collect them.
You have the option to withdraw your order before the contract is formed, without any liability or need for explanation, if you simply change your mind. You will not incur any charges in this case.
You can also cancel the contract within 14 calendar days from the date the contract was entered into, except for goods that are made specifically to your requirements or are clearly personalized, or goods that are liable to deteriorate or expire rapidly. If you decide to cancel for reasons other than defects in the goods, you must return the undamaged goods to our business premises at your own expense. Once we receive the returned goods, we will promptly refund the price you paid for the goods in advance, except for any separate delivery charges that may apply. Please note that this return right is separate from the cancellation rights mentioned below.
The following cancellation rights apply to distance contracts, which are contracts concluded between a trader and a consumer without physical presence. However, these cancellation rights do not apply to contracts for certain goods or in specific circumstances, including goods made to your specifications or personalized goods, and goods that are mixed inseparably with other items after delivery according to their nature.
You have the right to cancel this contract within 14 days without providing any reason.
The cancellation period ends 14 days after you or a third party, other than the carrier you indicated, acquire physical possession of the last goods. In the case of contracts for the supply of goods over time (e.g., subscriptions), the right to cancel extends to 14 days after the first delivery.
To exercise your right to cancel, you must notify us of your decision to cancel this contract through a clear statement, such as a letter sent by post or email. You can use the model cancellation form provided, but it is not obligatory. In any case, you must be able to demonstrate when the cancellation was made, so using the model cancellation form may be advisable.
You can also electronically fill in and submit the model cancellation form or provide any other clear statement expressing your decision to cancel the contract on our website www.fxpedalplanet.co.uk. If you choose this option, we will promptly acknowledge receipt of your cancellation in a durable medium, such as by email.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding the exercise of the right to cancel before the cancellation period expires.
Upon cancellation of this contract, we will reimburse you for all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a different delivery method than the least expensive standard delivery option offered by us).
We may make a deduction from the reimbursement for the loss in value of any goods supplied if the loss is due to unnecessary handling by you that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods (e.g., handling that exceeds what is reasonable in a shop). You are responsible for any loss in value, and if a deduction is made, you must pay us the corresponding amount.
Reimbursement will be made without undue delay and no later than 14 days after the day we receive the returned goods from you or after you provide evidence of having sent back the goods, whichever occurs earlier. The reimbursement will be made using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
If you wish to return the Goods received in connection with the Contract that you have cancelled, you must send them back to us at the following address: 7 Meakin Drive, Woodville, DERBYSHIRE, DE11 7GB, without delay and no later than 14 days from the day you communicated your cancellation of this Contract. The deadline is considered met if you send back the Goods before the 14-day period expires. Please note that you are responsible for the cost of returning the Goods.
For the purpose of these Cancellation Rights, the following terms have the following meanings:
We have a legal obligation to supply the Goods in conformity with the Contract. The Goods should meet the following criteria:
If the failure to conform is due to your materials, it will not be considered a failure on our part. Additionally, we will provide you with the benefit of any free guarantee offered by the manufacturer of the Goods. The manufacturer's guarantee details, including the name and address of the manufacturer, the duration, and territorial scope of the guarantee, can be found in the guarantee provided with the Goods. This guarantee takes effect upon delivery of the Goods and does not diminish your legal rights.
Either party has the right to transfer the benefits of this Contract to another party while remaining liable for its obligations under the Contract. The Supplier will be responsible for the acts of any sub-contractors engaged to fulfill its duties.
If a party experiences a failure due to circumstances beyond its reasonable control, it will promptly inform the other party. The obligations of the affected party will be suspended to the extent reasonable under the circumstances, provided that the party acts reasonably. The affected party will not be liable for any failure that it could not reasonably avoid. However, this will not affect the Customer's rights regarding delivery and the right to cancel, as outlined above.
The Supplier acknowledges that it cannot exclude liability for (i) any fraudulent act or omission, or (ii) death or personal injury resulting from negligence or breach of other legal obligations. However, subject to these exceptions, the Supplier shall not be liable for (i) loss that was not reasonably foreseeable to both parties at the time the Contract was made, or (ii) loss (such as loss of profit) incurred by the Customer's business, trade, craft, or profession that would not be suffered by a Consumer. This exclusion applies because the Supplier believes that the Customer is not primarily purchasing the Goods for its business, trade, craft, or profession.
The Contract, including any non-contractual matters, is governed by the laws of England and Wales.
Any disputes arising from the Contract can be submitted to the jurisdiction of the courts of England and Wales. In the case where the Customer resides in Scotland or Northern Ireland, the disputes can be submitted to the respective courts of Scotland or Northern Ireland.
We strive to avoid disputes, and in the event that a dispute arises, customers are encouraged to contact us to seek a resolution. We will make every effort to provide an appropriate solution within 5 days of receiving the complaint.