Terms & Conditions
By using our (“MySmartBuy.com”) website, placing an order for goods and/or registering as a member of our website you confirm your agreement to our terms and conditions, as set out below
- An order for goods placed by you, the buyer through our website shall be subject to these terms and conditions
- All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law
- Nothing in these terms and conditions shall affect the statutory rights of any consumer
- All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions
- You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly
- We are entitled to refuse any order placed by you and will not be required to provide an explanation
- Although highly unlikely, the goods may differ slightly from the images shown
- We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly.
Price and Payment
- The price of the goods will be the price quoted on the website at the date the order is received and will include VAT and delivery in mainland United Kingdom unless specified otherwise
- We reserve the right to change the price at any time. However, orders taken will be charged at the price quoted at the time of order and will therefore be unaffected.
- We reserve the right to adjust the VAT element if this changes from 20% (as advised by HMRC).
Price Policy on Clearance/Sale Prices
In some instances items may have been sold at their original prices on the website or in the catalogue of one of our Scotts & Co. (Scotts Ltd) sister companies and items may not necessarily have ever sold previously on this company's website. Details of all the Scotts & Co. (Scotts Ltd) brands are available on request.
We always strive to bring our customers the best possible offers and deals whilst ensuring to operate fair commercial practices without misleading our customers.
Where we detail price reductions on our website the following pricing policy shall apply: The 'WAS' price shown next to an item on this website is the highest price at which the item has been offered for sale in the last 12 months by us or one of our sister company publications (details on request). Some items have been offered for sale at a price lower than the 'WAS' price during the last 12 months but, unless otherwise indicated, the 'NOW' price shown is the lowest price at which the item has been offered by us. Details of intervening prices are available on request. In all cases the 'WAS' price will have applied for a continuous period of 28 days or more.
- When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit/debit card account provided by you on the website order form; alternatively it will be charged to your Paypal account.
- By placing an order, you, the buyer, consent to payment being charged to your credit/debit card account as provided on the order form
- Title to the goods will pass to you, the buyer, on payment in full of the price of the goods
- We will issue you with an electronic receipt to your email address once the goods have been dispatched
- The goods will be delivered to you, the buyer, at the delivery address provided by you on the order form.
- Any delivery periods quoted for delivery of the goods are approximate based on the terms of the agreement with our couriers and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery, you, the buyer shall be entitled to cancel the order at any time before delivery takes place.
Cancellation of the Order/Return of Goods/Defective Goods
If you place your order with us online, by post or on the phone, you are covered by the Consumer Contracts Regulations 2013. This means that you have the right to cancel your order within 14 days of receipt of your goods and receive a full refund, apart from flat pack items which you have fully assembled and bespoke personalised products made to your specification. If you wish to cancel an order you have placed, please contact us as soon as possible by telephone (0344 482 2112) or email (firstname.lastname@example.org) and we will advise how to go about cancelling your order.
If your item has not yet been despatched, we will be able to cancel the order for you and we will issue a full refund including postage costs.
For unwanted or cancelled orders you are obliged to take reasonable care of the goods, ensuring the goods remain unused and in their original packaging. When we receive the goods from your cancelled order we will reimburse you within 14 days via the payment method used for the original transaction and to the amount in relation to goods to which cancellation rights apply. As well as the value of your goods, we will reimburse the standard delivery charge associated with the original order. Express or any supplementary delivery charges will not be refunded. A deduction from the reimbursement may be made for any goods returned in an unsatisfactory condition as a result of unnecessary handling.
If you have any queries about how to return an item please telephone 0344 482 2112 or email email@example.com. Any items received damaged or faulty must be notified within 5 days of receipt.
LIMITATION OF LIABILITY
- We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice, the following will be regarded as causes beyond our reasonable control:
23.1.1 Act of God, explosion, flood, tempest, fire or accident;
23.1.2 War or threat of war, sabotage, civil disturbance or requisition;
23.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
23.1.4 Import or export regulations or embargoes;
23.1.5 Strikes, lock outs or other industrial actions or trade disputes;
23.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
23.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
- Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973
- You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited
- We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
- All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods
- We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability
- We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
- English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
- The headings in this Agreement are for convenience only and will not affect their interpretation
MySmartBuy is now part of the largest group of independent specialist retailers in the UK, but is still family run. Scotts & Co. (Scotts Ltd) Registration No. 2548299. Registered office: 1, Crompton Road, Groundwell, Wiltshire, SN25 5AW. © Scotts Ltd 2014.
Queries and Complaints
- We aim to respond to e-mail and written queries within 48hrs of receipt however during exceptionally busy periods this may rise to 3 working days. Our Customer Services team can answer your telephone queries between the hours of 9am and 5.30pm Monday to Friday.
- In respect of complaints, we will consider the nature of the complaint and will contact you within 14 days of the complaint giving you the result of the enquiry and our proposed action.
Waste Electrical and Electronic Equipment (WEEE) Regulations 2013
- The Waste Electrical and Electronic Equipment (WEEE) Regulations were implemented in the UK in order to protect our environment. Along with other retailers, we have joined the Distributor Take-Back Scheme (DTS) which will allow you to deposit your old electrical/electronic items, free of charge, to recycling points set up around the country.
- Visit www.recycle-more.co.uk to find out where your nearest recycling point is. Unfortunately we cannot accept electrical items back for recycling. Instead we have contributed to the funding of an alternative network of UK recycling facilities as stated above.
Waste Battery Regulations
- Under the Waste Battery Regulations, we are now offering a take-back scheme for all portable waste batteries. You can return your waste batteries to our business premises in person.
- Alternatively, you can find your local portable battery recycling facility at www.recyclenow.co.uk.