Conditions of Sale
These Conditions of Sale, together with any and all other documents referred to in them, set out the conditions under which Products are sold by Us to buyers dealing as consumers through our website, www.downtoearthdirect.co.uk (Our Website). Please read these Conditions of Sale carefully and make sure that You understand and consent to them before ordering any Products from Our Website. You will be required to accept these Conditions of Sale when You order Products from Us. If You do not agree to comply with and be bound by these Conditions of Sale, You will not be able to order Products through Our Website.
- Definitions and Interpretation
- In these Conditions of Sale, unless the context requires otherwise, the following expressions have the following meanings:
Contract means a contract for the sale and purchase of Products made between You and Us on these Conditions of Sale;
Products means the products sold by Us through Our Website;
Order means Your order for Products;
Order Confirmation means Our acceptance and confirmation of Your Order;
Standards has the meaning given by clause 11.1;
We, Us, Our means Down to Earth Direct Limited, a company registered in England and Wales under number 12917647, whose registered office is at Unit 3, Tindle’s Yard, Tyne Mills Industrial Estate, Hexham, Northumberland and with VAT registration number GB 368 7221 71 and
You means you, the purchaser of Products under these Conditions in your capacity as a private individual.
- Access to Our Website
- Access to Our Website is provided on an “as is” and “as available” basis. We may alter, suspend or discontinue Our Website (or any part of it) at any time and without notice to You. We will not be liable to You if Our Website (or any part of it) is unavailable at any time and for any period.
- Use of Our Website
Your use of Our Website is subject to our Website conditions of use.
- Age Restriction
You may only purchase Products through Our Website if You are 18 years of age or older.
- Consumer Sales Only
These Conditions of Sale do not apply to customers purchasing Products in the course of business.
- Applicable Territories
Please note that We only deliver products to customers within mainland UK, we do not accept orders from, or deliver to, Ireland, Isle of Man, Channel Islands, Scottish Islands and BFPO addresses.
- Products and Prices
- We make all reasonable efforts to ensure that all Products sold by us comply with their description and graphical representation on Our Website. However, please note the following:
- Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold because of, for example, differences in computer displays and lighting conditions;
- Images and descriptions of packaging are illustrative only, and the actual packaging of Products may be different from what is displayed.
- Clause 7.1 does not seek to or operate to exclude or limit Our responsibility for mistakes due to negligence on Our part and refers only to minor variations in Products.
- We do not guarantee that any particular (or all) Products will always be available. Stock indications provided on Our Website may be subject to a time delay or other variation.
- Minor changes may be made to Products between Your Order being placed and Our processing Your Order and sending the Products to You, such changes might, for example, relate to changes in laws and regulatory requirements, or address technical issues. Any such changes will not change the main characteristics of the Products in question and as a general rule will not affect Your use of those Products. However, if any change to any Products is made that would affect Your use of those Products, appropriate information will be provided to You.
- We reserve the right to change the price of Products, and to add, alter, or remove special offers from time to time.
- 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 Products at the correct (higher) 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 7 days, We will treat Your Order as cancelled and notify You of that in writing.
- All prices on Our Website include VAT.
- Delivery charges are not included in the price of Products displayed on Our Website. Delivery options and related charges will be presented to You during the order process.
- At the end of the ordering process before you submit Your Order You will be given the opportunity to review Your Order and amend it. You should ensure that You have checked Your Order carefully before you submit it.
- No content on Our Website is or shall be deemed to be a contractual offer capable of acceptance by You. Your Order is a contractual offer that We may, at Our sole discretion, choose to accept or decline. Only once We have sent You an Order Confirmation (stating that we have accepted Your Order) will there be a legally binding Contract between Us and You.
- An Order Confirmation shall contain the following information:
- Your Order Number;
- Details of the Products ordered;
- Itemised pricing of the Products ordered including, where appropriate, taxes, delivery and other additional charges;
- If We have taken payment for an Order we cannot fulfil for any reason, any such sums will be refunded to You within 10 days.
- Any refunds made under this Clause 8 will be made using the same payment method which You used when ordering the Products.
- Payment for Products and related delivery charges must always be made in advance and You will be requested to pay during the order process.
- We accept payment using all major Credit and Debit Cards.
- Delivery, Risk and Ownership
- Depending upon the delivery method You choose, Products purchased through Our Website will normally be delivered within 3 to 5 working days (excluding bank holidays and any other public holidays) after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject always to delays caused by events outside of Our control, in relation to which please see Clause 14).
- If You are unable to accept delivery of the Products on the delivery date, the following will apply:
- If no one is available at Your nominated delivery address to receive the Products, and the Products cannot be posted through Your letterbox or left in a safe place specified by You, the courier will leave a delivery note explaining how to rearrange delivery or where to collect the Products;
- If You do not collect the Products or rearrange delivery within 3 days the courier may return the item to Us. If we cannot contact You or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Products. If this happens, You will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also charge You for any reasonable additional cost that We incur in recovering the Products.
- If We fail to deliver the Products within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under Clause 10.1), You may treat the Contract as being at an end.
- If You do not wish to cancel Your Order under Clause 10.3, You may specify a new (reasonable) delivery date. If We fail to meet that new date, You may then treat the Contract as being at an end.
- You may cancel Your Order under Clause 10.3 or clause 10.4. Any sums that You have already paid for in relation to the Order in question will be refunded to You within 10 days. If any Products are delivered to You under a Contract which has been cancelled, You must return them to Us or arrange with Us for their collection. In either case, We will be responsible for the cost of returning them.
- Delivery shall be deemed complete and the risk of damage to the Products will pass to You once We have delivered the Products to the address (including, where appropriate, any alternative address) You have provided to Us.
- Ownership of the Products passes to You once we have received payment in full of all sums due (including any applicable delivery charges).
- Any refunds due will be made using the same payment method that You used when ordering the Products.
- Faulty, Damaged or Incorrect Products
- We must provide Products that are of satisfactory quality, fit for their purpose (as described at the time of purchase), are in accordance with any pre-contract information We have provided, and which match any samples or models that You have seen or examined, unless We have made You aware of any differences (the Standards). If any Products You have purchased do not comply with the Standards, or if Your Products differ from those which You ordered, please contact Us at email@example.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be:
- Beginning on the day that You receive the Products (and ownership of them) You have a 30 day right to reject the Products and to receive a full refund if they do not conform to the Standards. Due to the nature of the Products, we will not accept returns once the Products have been opened and used, unless they do not conform to the Standards.
- If You do not wish to reject the Products, or if the 30 day rejection period referred to in clause 11.1.1 has expired, You may request that the Products be substituted or replaced. We will provide the substitute or replacement within a reasonable time. In certain circumstances, where a substitute or replacement is impossible or otherwise disproportionate, We may instead offer You an alternative or a full refund. If You request a substitute or replacement during the 30 day rejection period, that period will be suspended while We provide the substitute or replacement and will resume on the day that You receive the substitute or replaced Products. If less than 7 days remain from the original 30 day period, it will be extended to 7 days.
- If, after a substitute or replacement, the Products still do not conform to the Standards You may have the right either to keep the Products at a reduced price (to be agreed between us), or to reject them in exchange for a refund.
- Within a period of 30 days after You have received the Products (and ownership of them), if the Products do not last or have not lasted a reasonable length of time, You may be entitled to make a claim for, and may be entitled to, a partial refund. If more than six months have passed since You received the Products, the burden of proof will be on You to prove that the relevant defect or non-conformity existed at the time of delivery.
- Please note that You will not be eligible to claim under this Clause 11 if:
- We informed You of the relevant fault(s), damage or other problems with the Products before You purchased them;
- You have purchased the Products for a purpose for which they are not suited and that is neither obvious nor was made known to Us when You placed Your Order, and the problem has resulted from Your use of the Products for that purpose; or
- the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
- To return Products to Us for any reason under this Clause 11 please contact us at firstname.lastname@example.org.
- Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 days of the day on which We agree that You are entitled to the refund and have received the returned Products where applicable.
- Refunds under this Clause 11 will be made using the same payment method that You used when ordering the Products.
- For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
- Changing Your Mind
- You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason. This period begins once Your Order is complete and We have sent You Your Order Confirmation, that is, when the Contract between You and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
- If the Products are being delivered to You in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which You (or someone You nominate) receive(s) the Products.
- If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 whole calendar days after the day on which You (or someone You nominate) receive(s) the final instalment of the Products.
- If You wish to exercise Your right to cancel under this Clause 12, You must inform Us of Your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which You send Us Your message. Please use the following details:
- Telephone: 01434 408 798;
- Email: email@example.com.
In each case, You should provide Us with Your name, address, email address, telephone number, and Order Number.
- You may lose Your legal right to cancel under this Clause 12 in the following circumstances:
- If the Products are sealed for health or hygiene reasons and You have unsealed the Products after receiving them;
- If the Products have been personalised or custom-made for You;
- If the Products have been inseparably mixed with other items after You have received them.
- If the Products have been sold packaged in a manner such that opening or breaking into a block of Products has the result that We cannot, or it is not practicable for us to, re-use or re-sell the remaining Products in that block of Products.
- You must return products to us no more than 7 calendar days after the day on which You have informed us that You wish to cancel under this Clause 12.
- You may return products to us in person during Our business hours of 8.30am – 5pm Monday to Friday or You may return them by post or another suitable delivery service of Your choice to Our returns address which is Down to Earth Direct, Hexham, . Please contact Us at 01434 408 798 to arrange for return. You must bear the costs of returning Products to Us if You cancel under this Clause 12.
- Refunds under this Clause 12 will be issued to You within 14 calendar days of the following:
- The day on which We receive the Products from You; or
- If We have not yet provided an Order Confirmation or have not yet dispatched the Products, the day on which You inform Us that You wish to cancel the Contract.
- Refunds under this Clause 12 may be subject to deductions for any diminished value in the Products resulting from Your excessive handling of them (eg. no more than would be permitted in a shop).
- Refunds under this Clause 12 will be made using the same payment method that You used when ordering the Products.
- Our Liability to Consumers
- We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Contract for the sale of Products to You or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible or liable for any loss or damage that is not foreseeable.
- Nothing in these Conditions of Sale limits or excludes Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
- Nothing in these Conditions of Sale excludes or limits Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
- Events Outside of Our Control
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic or epidemic, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under a Contract:
- We will inform You as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that we cannot minimise the delay, Our affected obligations under the Contract will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
- If the event outside of Our control continues for more than 30 days We may cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
- If an event outside of Our control occurs and continues for more than 30 days and You wish to cancel the Contract as a result and if You would prefer to contact Us directly to cancel, please use the following details:
Telephone: 01434 408 798;
In each case, providing Us with Your name, address, email address, telephone number, and Order Number. Any refund due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
- Communication and Contact Details
- If You wish to contact Us with general questions or complaints, You may contact Us by telephone on 01434 408 798, by email at firstname.lastname@example.org.
- For matters relating to the Products or Your Order, please contact Us by telephone on 01434 408 798, by email at email@example.com.
- For matters relating to cancellations, please contact Us by telephone on 01434 408 798, by email at firstname.lastname@example.org or refer to the relevant Clauses above.
- All complaints are handled in accordance with Our complaints procedure which is available from our Website.
- How We Use Your Personal Information (Data Protection)
- 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 the Data Protection Act.
- Other Important Conditions
- We may transfer Our obligations and rights under these Conditions of Sale under the Contract to a third party. If that occurs, You will be informed by Us in writing. Your rights under the Contract will not be affected and Our obligations under these Conditions of Sale will be transferred to the third party who will be bound by them.
- You may not transfer Your obligations and rights under the Contract without Our express written prior permission.
- The Contract is made between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any of its terms.
- If any of the provisions of these Conditions of Sale is found by a Court of law of other lawful authority to be unlawful, invalid or otherwise unenforceable, that/those provision(s) shall be considered to have been deleted from the Contract. The remainder of these Conditions of Sale shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Conditions of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Conditions of Sale means that We will waive any subsequent breach of the same or any other provision.
- Law and Jurisdiction
- The Contract, and these Conditions of Sale, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
Any dispute, controversy, proceedings or claim between You and Us relating to these Conditions of Sale, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales