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Terms & Conditions - Buying from our printed catalogue or by phone (Retail customers)

These pages tell you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed in our catalogue (our Catalogue) to you. Our catalogue comprises of our catalogue, our price list (our Price List) and an order form (our Order Form), (together our Catalogue).

These Terms will apply to any contract between us for the sale of Products to you (Contract).

Please read these Terms carefully and make sure that you understand them before you sign and submit your Order Form. If you think there has been a mistake please contact us as soon as possible.

Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.

1. Information about us

1.1. We are Vigo Presses Limited, a company registered in England and Wales under company number 088575555 and with our registered office at Dunkeswell Honiton Devon EX14 4RD. Our main trading address is Unit 4 Flightway, Dunkeswell Honiton Devon EX14 4RD. Our VAT number is GB 181 8676 69.

1.2. To contact us: please write to us at the address above or email sales@vigopresses.co.uk or telephone us on 01404 890093.

2. Our Products

2.1. The images of the Products in our Catalogue are for illustrative purposes only and all product descriptions are given in good faith. Your Products may vary slightly from those images and descriptions. Although we have made every effort to display the colours accurately, we cannot guarantee that the printed pictures in our Catalogue accurately reflect the colour of the Products.

2.2. All Products shown in our Catalogue are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order. If you have not provided us with your email address we will write to you at the address provided on your Order Form.

3. Terms of use

3.1. You may only purchase Products from our Catalogue if you are at least 18 years old.

3.2. We intend to rely upon these Terms in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

3.3. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

4. How the contract is formed between you and us

4.1. When you sign and submit the Order Form to us, this does not mean we have accepted your order for the Products. Our acceptance of your order will take place as described in clause 4.2.

4.2. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation email. If you have not provided us with an email address we will write to you and at that point the Contract between us will have been formed.

4.3. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Catalogue as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have not provided us with an email address we will write to you. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5. Our right to vary these terms

5.1. We may update or amend these Terms from time to time. When you receive a new Catalogue from us please review the Terms to ensure you are aware of any changes we have made.

5.2. Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order.

6. Your cancellation and refund rights if you are a consumer

6.1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 6.2. If you change your mind or for any other reason you decide you do not want to keep a Product during the period set out below in clause 7.2, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. This cancellation right does not apply in the case of any made-to-measure or custom-made products.

6.2. You have a legal right to cancel your order within 14 (fourteen) working days starting from the day after you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. Cancelling your order means that the contractual obligations between you and Vigo are ended.

6.3. To cancel a Contract, you must contact us in writing by sending an e-mail to sales@vigopresses.co.uk or by sending a letter to Vigo Presses Limited, Unit 4 Flightway, Dunkeswell Honiton Devon EX14 4RD. We recommend that you keep a copy of your cancellation notification for your own records as in the event of a dispute the burden falls upon the consumer to prove that he/she did cancel within the cancellation period.

6.4. If the Products were delivered to you:

6.4.1. you must return the Products to us as soon as reasonably practicable;

6.4.2. unless the Products are faulty or not as described (in this case, see clause 7), you will be responsible for the cost of returning the Products to us;

6.4.3. for certain larger Products we may offer to arrange collection on your behalf. Where this is the case you will be responsible for paying the cost of the collection. We will notify you in advance of the cost of collection;

6.4.4. you must take reasonable care of the Products while they are in your possession and you must not use them;

6.4.5. Products should be returned to us in their original packaging;

6.4.6. Vigo Presses retain the right to deduct an amount from the reimbursement/charge to you if we believe the products have been devalued by your handling them beyond what is necessary to establish their nature, characteristics and function.

6.5. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and in any case within 14 days from the day we receive the product(s) back at Vigo Presses. If you returned the Products to us because they were damaged or incorrectly supplied, please see clause 7.

6.6. If you chose to return any Products to us we will not be responsible for loss or damage to them in transit. We therefore recommend that these are returned to us using a reputable recorded delivery service. If Products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage.

6.7. We will refund to you on the credit card or debit card used by you to pay for the Products. If you have paid for your Products by cheque we will refund your payment to you by cheque. We reserve the right to allow five (5) working days for your cheque payment to clear.

6.8. Where you request us to deliver a Product to a third party you will only be able to exercise this cancellation right if you can return the goods to us or we can arrange with the third party to collect them.

7. Damaged or defective Products

7.1. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7.2. If you have returned the Products to us under this clause 7 because they are damaged or not as described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

8. Delivery

8.1. Delivery charges will vary depending on the value of the Products you order and the delivery address. Details are given in our Price List. The method of delivery may vary and will be dependant on the size of the Product ordered.

8.2. Where the Product is a large scale item we will contact you to discuss delivery, and may ask you to provide additional information about the delivery. All large scale items must be received and signed for.

8.3. Smaller items which you have ordered and we have confirmed as per clause 4.2 above will normally be delivered within 5 - 7 working days using Royal Mail standard services or by our preferred courier.

8.4. Should you require delivery to take place at a certain time or day, or you require delivery by a certain date please telephone us on 01404 890093 to discuss this. We reserve the right to pass on any additional costs incurred.

8.5. Please read clause 16 about what happens if there is an Event Outside Our Control which results in a delay in delivery or failure to deliver a Product. If there is an Event Outside Our Control we will contact you to discuss what will happen next.

8.6. Delivery will be completed when we deliver the Products to the address you gave us for delivery.

8.7. The Products will be your responsibility from the completion of delivery. You should check all Products you receive against your order as soon as possible to make sure they are not damaged or not as described. Where possible you should note the details of the damage or error on the delivery documentation and return it to the delivery driver. If you discover that the Products are damaged after delivery you must tell us as soon as reasonably possible either by email or to the address shown in clause 17. You must return the Products to us as soon as reasonable practicable.

9. International delivery

9.1. Our Catalogue is solely for the promotion and sale of our Products within the British Isles.

9.2. Customers in the Channel Islands and the Isles of Scilly purchasing palletised Products should contact us on telephone number 01404 890093.

9.3. Customers in countries outside of the British Isles may place an order for Products by contacting us on telephone number 01404 890093.

10. Price of products and delivery charges

10.1. The prices of the Products will be as quoted in our Price List from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is printed. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.

10.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed as per clause 4.2 above.

10.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4. The price of a Product does not include delivery charges, which you must also pay. Our delivery charges are as quoted in our Price List from time to time and are dependant on the value of the Products you order and the delivery address.

10.5. Our Catalogue and Price List contain a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. If we discover an error in the price of any Product you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the email or address you provided on the Order Form, we will treat the order as cancelled.

11. How to pay

11.1. You can pay for Products using a debit card or credit card or by sending us a cheque. We do not accept payment by American Express.

11.2. Payment for the Products and all applicable delivery charges is in advance.

11.3. You own the Products once we have received payment in full, including all applicable delivery charges.

12. How we may use your personal information

12.1. We will store your Order Form at our registered office located in Unit 4 Flightway, Dunkeswell, Honiton, EX14 4RD for a period of 2 years.

12.2. We will keep your personal data secure by taking appropriate organisational measures against its unauthorised or unlawful processing and against its accidental loss.

12.3. Although we will do our best to protect the personal data on your Order Form, we cannot guarantee the security of your personal data sent to our registered address; posting the Order Form to us is at your own risk. Once we have received your personal data, we will use procedures and security features to try to prevent unauthorised access.

12.4. We will use the personal information you provide to us to:

12.4.1. provide the Products;

12.4.2. process your payment for such Products; and

12.4.3. if you request it on our Order Form, to send you our new Catalogue and information about our Product range, but you may stop receiving these at any time by contacting us.

12.5. Save as per sub-clause 12.6 we will not give your personal data to any other third party. In particular, we do not forward information to third parties for promotional purposes.

12.6. We may disclose your personal information to third parties:

12.6.1. in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

12.6.2. if Vigo Presses Limited sells or substantially sells all of its assets or they are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

12.6.3. if we are under a duty to disclose or share your personal information in order to comply with any legal obligation; or

12.6.4. in order to enforce or apply our Terms or to protect the rights, property, or safety of Vigo Presses Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

13. Manufacturer guarantees

13.1. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

13.2. If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

14. Our warranty for the Products

14.1. For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.

14.2. The warranty in clause 14.1 does not apply to any defect in the Products arising from:

14.2.1. fair wear and tear;

14.2.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

14.2.3. if you fail to operate or use the Products in accordance with the user instructions;

14.2.4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or

14.2.5. any specification provided by you.

14.3. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

15. Our liability

15.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

15.2. We only supply the Products for domestic and private use to consumers. You agree not to use the product for any commercial, business or re-sale purposes, and in any event we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.3. We do not in any way exclude or limit our liability for:

15.3.1. death or personal injury caused by our negligence;

15.3.2. fraud or fraudulent misrepresentation;

15.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

15.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

15.3.5. defective products under the Consumer Protection Act 1987.

16. Events outside our control

16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.

16.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

16.3.1. we will contact you as soon as reasonably possible to notify you; and

16.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17. Communications between us

17.1. When we refer in these Terms, to "in writing" this will include e-mail.

17.2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at sales@vigopresses.co.uk or by pre-paid post to Vigo Presses Limited at Unit 4 Flightways, Dunkeswell, Honiton, Devon, EX14 4RD. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 6, please see that clause 6 for how to tell us this.

17.3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

18. Other important terms

18.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2. Copyright in the material in our Catalogue belongs to Vigo Presses Limited. No part of this Catalogue may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or whole is prohibited without the prior express permission of Vigo Presses Limited.

18.3. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.4. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.7. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it (including non-contractual disputes) will be governed by English law and you agree that all such disputes shall be resolved by the courts of England and Wales.

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