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 ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 7. 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 6th May 2015.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.coldcallelimination.co.uk. We are Cold Call Elimination Ltd, a company registered in England and Wales under company number 08388416 and with our registered office and main trading address at Suite 1 Ground Floor, Metro House, Northgate, Chichester, West Sussex, PO19 1BE.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to call us on 0800 779 7788 or send an email to firstname.lastname@example.org or by post to our main trading address. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 779 7788 or by e-mailing us at email@example.com.
(c) 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.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
4.2 By paying for our service and accepting Our Terms you agree we may help prevent and stop Sales, Marketing, Market Research and other unsolicited contact via your telephone landline and mobile number when provided. We will fulfill our service by contacting various companies on your behalf to request they include your telephone number/s on their “Do Not Call” lists. Section 11 Notices under The Data Protection Act will be issued to companies making unsolicited calls.
4.3 Where you have paid for a product or service with a company who calls you offering other products and services, we will request that your details be removed for third party marketing purposes and only retained for the fulfillment of the products and/or services paid for by you.
4.4 If you do not wish for us to contact companies on your behalf you must inform us in writing. If you require a list of the companies we send notices to on your behalf (which may vary from time to time) then please call us on 0800 779 7788 or email firstname.lastname@example.org or by writing to us at Suite 1 Metro House, Northgate, Chichester, West Sussex, PO19 1BE, England quoting your name, address and telephone number. Please note if you request that we do not contact companies on your behalf then we may not be able to reduce nuisance calls with our Gold Service – please contact us to upgrade to receive our call blocking device, The Call Guardian.
4.5 In order to help prevent any further nuisance calls we may pass your name and telephone number to companies that currently do not hold your details for the purpose of suppression. For the avoidance of doubt these companies may only use your details to put on their “Do Not Call” lists to prevent them making any sales, marketing and/or research calls to your landline or mobile telephone number where provided.
5 OUR SERVICE GUARANTEE
If after 60 days of receiving these terms, the number of unsolicited calls has not noticeably reduced, we will send you our call blocking device The Call Guardian completely free of charge. To notify us of any remaining problem calls please call us on 0800 779 7788 or email email@example.com.
6. How the contract is formed between you and us
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 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.
6.4 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause Error! Reference source not found., we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. Our right to vary these Terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Your consumer right of return and refund
8.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, 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.
8.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is fourteen days after you receive the Products.
8.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to call us on 0800 779 7788 or email firstname.lastname@example.org who will confirm cancellation.
8.4 If you cancel your Contract within the cooling off period we will:
(a) refund you the price you paid for the Products. Please note, however, that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop..
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.7;
(ii) if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
8.5 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
8.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) unless the Product is faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge £30.00 for collection of The Call Guardian or Pro Call Blocker device.
8.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 We will contact you with an estimated delivery date, which will be within 3 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order)]. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens. Orders are dispatched within 24 to 48 working hours with Royal Mail. Delivery is usually within 2 to 3 business days after dispatch.
9.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9.4 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.6 If you do choose to cancel your Order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. International delivery
10.1 We deliver to countries outside the UK only with prior arrangement.
10.2 You will be responsible for payment of any import duties and taxes. Please contact your local customs office for further information before placing your order.
10.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.2 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.
11.3 The price of a Product includes delivery charges. Any additional delivery charges are as advised to you during the check-out process, before you confirm your order.
12. How to pay
12.1 You can only pay for Products using a debit card or credit card or by Direct Debit by contacting us by telephone. We accept the following cards: Visa, MasterCard, Maestro and Visa Electron.
12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12.3 You must provide us with your payment details at the time of placing your Order. We use a third party to authorise your payment for the Products and/or Services. Please note that we are not responsible for ensuring the confidentiality of your data once you transfer to such third party’s website in order to make payment. We accept no liability for any loss and/or damage that you may suffer as a result of the acts and/or omissions of such third party.
13. Our liability
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
14. Events outside our control
14.1 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 14.2.
14.2 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 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.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
14.4 You may cancel a Contract affected by an Event Outside Our Control To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 You may contact us as described in clause 1.2.
16. Age of Consumer
You may only purchase Products from our site if you are at least 18 years old.
16. The name on your billing statements
Will appear as “ColdCallElimi 08007797788″. Payments processed via Suite 501, St James Court, St. Denis Street, Port Louis..
If paying by direct debit, please note that Cold Call Elimination Ltd has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited (www.eazycollect.co.uk), to collect your payments. Coldcall Eliminate will be shown on your bank statement for these direct debit payments