1. INTRODUCTION
1.1 These terms and conditions set out the basis on which you can visit our website (Site), and the legal terms and conditions (Terms) on which you offer to purchase products (Products) listed on our Site.
1.2 These Terms will apply to any contract between us for the sale of the Products to you (the Contract). Please read through these Terms carefully before using any of the services or purchasing any of the Products offered on our Site, and also read our [Privacy Policy] regarding how we use your personal information. Please note that by ordering any of our Products, you agree to be bound by these Terms.
1.3 These Terms, together with our current website prices, delivery details, contact details and Privacy Policy set out the whole of our agreement relating to the supply of the Products to you by us. Nothing said by any person on our behalf should be understood as a variation of these Terms. However, we reserve the right to vary these Terms at any time, but in respect of any ordered Products, the Terms which apply shall be those which you accepted when placing your order. Therefore every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. [These Terms were most recently updated on 21/01/2014 when we changed clauses 6.Delivery.
1.4 We aim to process all enquirers and requests as quickly as possible, but we reserve the right to restrict, refuse or cancel orders, as well as refuse access to our Site and terminate accounts at our discretion. You may only purchase Products from our Site if you are least 18 years old.
1.5 Please pay particular attention to clause 12 (Your Use of the Products and Your Use of the Site).
2. INFORMATION ABOUT US
2.1 Our Site is owned and operated by Brevitt Rieker Ltd (hereby referred to as "Rieker", "we" or "us"), a company registered in England and Wales under company number 02418034. Our Registered office [and main trading address] is at 36 Compass Point, Market Harborough, LE16 9HW. Our VAT number is GB 536 4522 47.
2.2 If you have any questions or comments about the Rieker Site, or want to ask us anything about our Terms, please contact us by using our Contact Us page. If you are unable to use the Contact Us form please use the following email address: [email protected].
3. PRODUCTS
3.1 We have made every effort to ensure that the Products are fairly described on our Site, that the Product information is correct, and that the colours of our Products are displayed as accurately as possible. However, as the actual colours you see will vary with the quality of your monitor, we cannot guarantee that your display will accurately reflect the colour of the Product requested on delivery.
3.2 The packaging of the Products may also vary from that shown on images on our site.
3.3 If, on receiving your ordered Products, you have any cause for dissatisfaction you may return them via our Returns procedure, which is explained below. You have legal rights in relation to any product that is 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 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you have placed an order with us, we will send an email acknowledgment that we have received your order to your designated email address. This email is a confirmation and receipt of your order but it does not mean your order has been accepted. 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.
4.3 Our receipt of your offer to purchase our Products is subject to their availability. Our acknowledgment of order acceptance via the web or email is not a guarantee of delivery. 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 Site, we will inform you of this by e-mail or by telephone and we will not process your order. If you have already paid for the Products we will refund you the full amount as soon as possible.
4.4 Please note that dispatch estimates are not guaranteed and that dispatch times should not be relied upon as such.
5. PAYMENT
5.1 Payment for the Products can be made using the following major credit and debit cards: Visa, Mastercard, Maestro, and Electron. Payments can also be made via PayPal.
5.2 Payment for the Products and all applicable delivery charges is in advance.
6. DELIVERY
6.1 All deliveries are subject to stock availability and authorisation of your payment.
6.2 Unfortunately we do not deliver to addresses outside the UK and therefore your delivery address must be in the UK, with a valid UK postcode. We do not deliver to Eire, the Channel Islands or BFPO addresses. You may still place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
6.3 The delivery charge is the same, irrespective of the number of items ordered. The maximum order you will be able to make is ten items/pairs of shoes, of which no more than two sizes can be of the same style.
6.4 Your order will be fulfilled by the estimated delivery date set out in the dispatch confirmation, unless there is an event outside our control (defined below in clause 11). If we are unable to meeting the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
6.5 You must select from one of the following delivery options:
6.5.1 We currently only have one delivery option available.
6.5.2 Next Day Delivery
6.5.2.1 The next day delivery service applies on orders placed before 1pm Monday - Thursday. Orders placed on Friday before 1pm will be delivered on Monday, and orders placed on a weekend or bank holiday will be delivered on the second working day after the order is placed. The next day delivery service is only available in areas as specified by our courier service. Delivery times cannot be guaranteed. For delivery charges please see our delivery page on the site.
6.6 Deliveries are normally made Monday-Friday from 7am-7pm (excluding Bank Holidays). You will receive a confirmation of dispatch to your chosen email account, and you can track your items by logging into your account on our Site or clicking on the supplied links in the emails either direct from rieker.co.uk or our selected courier.
6.7 Delivery will be completed when we deliver the Products to the address you gave us. Please note that all our courier services are proof-of-delivery services, and require a signature on delivery. If no one is available at your address to take delivery the driver will leave a card with instructions on how to have your parcel re-delivered.
6.8 The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
6.9 In the unlikely event that you receive the wrong order, please contact us as soon as possible so we can arrange for the item(s) to be collected and the correct one(s) to be dispatched to you.
6.10 If you have any questions about the delivery of your order, please email [email protected] in the first instance. You can also contact our customer service team on 01858 414171. Lines are open Monday to Friday from 08.30 to 17.00 (excluding Christmas day, Boxing Day, New Year’s Day and bank holidays).
7. PRICING AND DELIVERY CHARGES
7.1 All prices are quoted in UK pounds sterling. All prices are inclusive of 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. Some children's shoes are exempt of VAT and will be clearly marked so on product pages.
7.2 The price of a Product does not include delivery charges. [Our delivery charges are as quoted on our Site]
7.3 Prices of Products displayed in and ordered through the Site may differ from prices in store. Pricing and availability information is also subject to change without notice.
7.4 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation. Where a reduced price is shown on sale, the item(s) have been on sale at the higher price for 28 days or more. Reduced price Products will show the 'now price' and 'was price' with banners reflecting the discount level by “£ off” or “% off”. The reductions shown are reductions from the original ('was price') charged on our Site.
7.5 Rieker has taken every care in the preparation of the content of this Site, and above all we endeavor to ensure that all the prices shown on the Site are accurate. However, it is always possible that, despite our best efforts, some of the Products on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
7.5.1 Where a Product's correct price is lower than the price stated on our Site, we will refund the difference to you if you have already paid, and dispatch your order in the usual way. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
7.5.2 Where a Product’s correct price is higher than the price stated on our Site, you will have the option of proceeding with the order at the correct price, or cancelling the order. We will contact you as soon as possible to inform you of this error and we will not process your order until you have decided if you would like to continue with it. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8. YOUR RIGHT OF RETURN AND REFUND
8.1 Under the United Kingdom’s Distance Selling Regulations, you have a legal right to cancel your Contract with us. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have seven working days starting the day after delivery (the 'Cooling-Off Period') in which to cancel the Contract, if for any reason you are not happy with the Products that have been delivered. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.2 Please contact us as soon as possible if you wish to cancel your order. You can do so by emailing customer services at [email protected], calling 01858 414 171, or going through the Contact Us page on our Site. If your Product(s) have already been dispatched and you have received a Dispatch Confirmation, your order will be cancelled when you return the Products that have been delivered to you using the free of charge returns label included.
8.3 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 30 calendar days of the day on which you gave us notice of cancellation. We will refund you on the credit or debit card used by you to pay.
9. RETURNS PROCEDURE
9.1 We make every effort to ensure that your order is carefully dispatched to you, and we hope that you're happy with your purchase. However, if you have any cause for dissatisfaction with your Products you may return them. Items must be in their original condition, unworn and returned within 45 days of receiving them. This includes if the item is damaged, or defective.
9.2 To return a Product, complete and detach the returns note (included with your dispatch documentation) and enclose it, together with your returned items, inside the original packaging. Products cannot be returned without this information.
9.2.1 Returns via a DPD Parcel Shop : Please refer to our website rieker.co.uk Customer Service, returns information.
9.3 All of this is in addition to and does not affect your statutory rights.
10. RIEKER’S RIGHTS OF CANCELLATION
10.1 We reserve the right to cancel the order if:
10.1.1 We have insufficient stock to fulfil your order;
10.1.2 We are unable to obtain payment;
10.1.3 We do not deliver to your area; or
10.1.4 A product fault or an error in the product description has been identified.
10.2 In the event that any of these events takes place, we will contact you as soon as we can, so that we can discuss your order with you.
11. EVENT OUTSIDE OUR CONTROL
11.1 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.
11.2 An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
11.3.1 We will contact you as soon as reasonably possible to notify you; and
11.3.2 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.
12. YOUR USE OF THE PRODUCTS AND YOUR USE OF THE SITE
12.1 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.2 In terms of the use of our Site, we will not be liable for any loss or damage caused by a bug, virus, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
13. OWNERSHIP OF RIGHTS
13.1 All rights, including copyright, in the text, graphics and layout of our Site and in all software and software compilations are owned by, or licensed to, Rieker. You are not permitted, without our prior written consent, to copy, transmit, reproduce, publish, display, distribute, store, modify or adapt our Site, its contents or underlying software.
13.2 We may establish general practices and limits concerning the use of our Site and the services we provide, including limits to the size and number of any messages that have been sent, or the duration that any messages may be stored on our Site. We are entitled to delete any material from our Site at any time, and we will not be liable for deleting or not storing any material that you may transmit to us.
14. DAMAGE TO YOUR COMPUTER
14.1 Rieker make every effort to ensure that our Site is free from defects or viruses. However, we do not guarantee that our Site will be secure or free from bugs, viruses or anything else that may be harmful to your computer. It is your responsibility to ensure that you use the correct equipment when using the Site, and to protect from anything that may damage it.
14.2 You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
15. LINKS TO OTHER WEBSITES
15.1 We take no responsibility for the content or operation of third party websites that you may access following links from our Site. We strongly advise that you read the Privacy Policy and terms and conditions relating to any third party websites that you visit.
15.2 We do not hold any responsibility for any site, or its content, that has chosen to link to us.
16. PASSWORD AND SECURITY
16.1 If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and also for ensuring that unauthorised access to your account is prohibited. You should take all necessary steps to ensure that your information is kept confidential to you. If you have reason to believe that this may have been compromised, please contact us immediately.
16.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
17. OTHER IMPORTANT TERMS
17.1 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.2 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.
17.3 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. GOVERNING LAW AND JURISDICTION
18.1 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.
