These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which You Interact with Us, and which Goods are sold by Us or Our Partners, via Our Stores, Our Websites, and via Our Contact Centre. Please read these Terms and Conditions carefully and ensure that You understand them before Interacting with Us including purchasing or ordering any Goods from Us or Our Partners. We recommend that You retain a copy of these Terms and Conditions for future reference. By Interacting with Us via Our Websites, Our Stores and/or Our Contact Centre You agree to these Terms and Conditions.
If You do not agree to comply with and be bound by these Terms and Conditions, You must not Interact with Us, including purchasing or ordering Goods from Us or Our Partners. These Terms and Conditions, as well as any and all Contracts are in the English language only. These Terms and Conditions may change at any time and any changes will take effect on the date they are published on Our Websites. Please check for updated versions of these Terms and Conditions every time You visit Our Websites. All Goods, promotions, offers, and pricing are subject to availability, location, delivery or collection or other delivery restrictions, and the method of purchasing or ordering.
1. Definitions and Interpretations
1.1 Unless otherwise defined herein, the following definitions apply in these Terms and Conditions:
“Account” means data and information about You and Your Interactions with Us or Our Partners that we hold and which is required to access and/or use certain areas and features of Our Websites, Our Contact Centre, and Our Stores, including placing Orders;
“Agreed Return Method” means the specific method of returning Goods to Us or Our Partners that You have selected and agreed to during the Returns Authorisation Process;
“Change of Mind Period” means the period in which You are entitled to change Your mind, as further detailed in Clause 6.1;
“Contract” means a contract for the purchase and sale of Goods;
“Cookies” means a small text file placed on Your computer or device by Our Websites when You visit certain parts of Our Websites and/or when You use certain features of Our Websites;
“Correspondence” means communication between You and Us via letter, post, telephone, email, fax, SMS/MMS, text messaging services, social media, or any other electronic communication method;
“Customer Returns Centre” means Our place of business where We ask You to return Goods to Us by courier or post;
“Customer/You/Your” means you, the customer;
“Goods” means the goods sold by Us or Our Partners via Our Websites, Our Contact Centre, and Our Stores;
“Interact/Interaction/Interacting” means You entering Our Stores, or You corresponding with Our Stores, or You visiting Our Websites, or You communicating with Our Contact Centre, or any subsequent dealings with Us including purchasing or ordering Goods;
“Link” means a hyperlink which can be used to navigate to another website or URL;
"Losses" means any and all (i) claims, suits, judgments and orders, and (ii) taxes, losses, liabilities, damages, fees, costs and expenses (however described, characterised or classified), including loss of profits, in each case regardless of whether they are susceptible to appeal or mitigation;
“Manual Order” means a specific Order type that requires a Manual Order Form to be signed by You prior to placing the Manual Order to indicate Your consent to a specific Manual Order Agreement;
“Manual Order Form” means a manual order form that is presented to You in Our Stores when placing a Manual Order;
“Manual Order Agreement” means the agreement printed on the overleaf of a Manual Order Form;
“Off-The-Shelf Purchase” means You purchasing Goods from Us via Our Stores where there was no Order or Manual Order placed beforehand;
“Order” means Your order for the Goods You intend to purchase from Us or Our Partners, but specifically excluding Manual Orders and Off-The-Shelf Purchases;
“Order Acceptance Event” means the occurrence of one of the following events that indicates Our intention to start delivering Your Order: Us or Our Partner sending You Correspondence stating that We, Our Partner, or Our agent are dispatching Goods to You; or Us sending You Correspondence stating that Goods are ready for You to collect from Us or Our agent;
“Order Processing Notification” means Correspondence from Us or Our Partners to You that includes details and pricing of the Goods ordered within an Order, or a Store Receipt provided by Us to You that includes details and pricing of the Goods ordered within an Order;
“Order Reference” means the order reference code that was provided to You at the time of placing Your Order and is displayed clearly on the Order Processing Notification;
“Our Contact Centre” means Our representatives that You communicate with by Correspondence;
“Our Stores” means stores/shops, outlets, or concessions owned or operated by Us, Our subsidiaries, Our partners or agents within the United Kingdom;
“Our Websites” means all websites operated by Us that are available via the Internet, including but not limited to www.therange.co.uk;
“Our Content/Content” means any text, imagery, files, audio or media that is published by Us excluding all User Generated Content;
“Partner/Range Marketplace Partner” means our third-party sellers who have been invited to sell goods on Our Websites;
“Partner Content/Range Marketplace Content” means any text, imagery, files, audio, video, or media that is uploaded to Our Websites by Our Partners;
“Returns Authorisation Process” means the facilities provided within Our Websites where You are able to notify Us or Our Partners of Your intention to return Goods to Us or Our Partner;
“Store Receipt” means the paper receipt that You are provided in Our Stores at the time of placing an Order, a Manual Order, or making an Off-The-Shelf Purchase;
“User Generated Content” means any reviews, appraisals, recommendations, scoring or measurement, text, imagery, files, audio, video or media that is uploaded to Our Websites by You or a third party that is not Us;
“VAT” means value added tax; and
“We/Us/Our” means CDS (Superstores International) Limited trading as The Range, a limited company registered in England number 02699203, whose registered address is The Range, Elsie Margaret House, William Prance Road, Plymouth, PL6 5ZD.
1.2 In these Terms and Conditions unless the context otherwise requires:
(a) references to Clauses are to the Clauses of these Terms and Conditions;
(b) references to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(c) references to the singular include the plural and vice versa;
(d) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. Where the context permits, other and otherwise are illustrative and shall not limit the sense of the words preceding them;
(e) the word will shall be deemed to impose obligations in the same way as if the word shall had been used in its place;
(f) a provision of any law is a reference to that provision as extended, applied or amended and includes any subordinate legislation; and
(g) the masculine includes the feminine and vice versa.
2. Information About Us
Our Websites, Our Contact Centre and Our Stores are operated by CDS (Superstores International) Limited trading as The Range, a limited company registered in England under 02699203, whose registered address is The Range, Elsie Margaret House, William Prance Road, Plymouth, PL6 5ZD. Our VAT number is 591272335.
3. General Terms and Conditions
3.1 Your Account
3.1.1 You will require an Account in order to fully Interact with Us including placing Orders.
3.1.2 An Account holding data and information about You may be created by Us at the time of You providing Us with Your name, or email address, or telephone number, or any other personally identifiable information about You via Our Websites, Our Contact Centre, or Our Stores.
3.1.3 You must be over 18 years of age to attempt to place an Order.
3.1.4 When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up to date, using the facilities available within Our Websites.
3.1.5 We will provide access via Our Websites for You to view and edit some data and information held in Your Account. In order to access these facilities within Our Websites, You will be asked to set a password. We recommend that You choose a strong password in order to protect the data and information held within Your Account. It is Your responsibility to keep Your password safe. If You believe Your Account is being used without Your permission, You must contact Us immediately.
3.1.6 We will not be liable for any unauthorised use of Your Account.
3.1.7 You must not use anyone else’s Account.
3.1.8 You must not share Your Account with anyone else or give Your permission for anyone else to use Your Account.
3.1.9 Any personal information provided in, for, or registered in connection with Your Account will be collected, used, and held in accordance with Your rights and Our obligations under the UK Data Protection Act 2018 and the General Data Protection Regulation 2016, as set out in these Terms and Conditions.
3.1.10 You may choose to save Your credit/debit card information or other payment methods within Your Account for You to use in order to attempt to place future Orders. You can manage which payment methods are saved for this purpose using Our Websites. We will not be held liable for any Losses that You may incur due to unauthorised access to Your Account that involves the fraudulent use of saved payment methods causing You financial loss.
3.1.11 We may log all payment attempts and details of these including credit/debit card information within Your Account for the purposes of fraud prevention
3.2 Age Restrictions
3.2.1 You may only purchase age-restricted Goods from Us or Our The Range Marketplace Partner if You exceed the age of the restriction.
3.2.2 Some of the Goods We and Our The Range Marketplace Partners sell have an age restriction placed upon them which will be clearly published on Our Website or informed to You before You Order or purchase Goods from Us or Our Partners. As it is an offence to attempt to buy an age-restricted Good when under the required age, by ordering or purchasing such Goods You are confirming that You are of the required age to receive and use the Goods.
3.2.3 It is an offence to attempt to buy any such Goods on behalf of an underage third party. Therefore, any person ordering or purchasing any Goods for a third party certifies that the intended recipient of the Goods is of the appropriate age to receive and use the Goods.
3.3 Business Customers
3.3.1 We do not endorse or warrant the use of any Goods sold by Us for commercial or business use.
3.3.2 We are unable to supply You additional invoices, receipts, or other documentation over and above the standard Order Processing Notification provided to You should You place an Order.
3.3.3 We are unable to supply additional invoices or receipts over and above the standard Store Receipt provided to You should You place a Manual Order or make an Off-The-Shelf Purchase.
3.3.4 We do not participate in any scheme that allows VAT to be removed from Your Order, Manual Order, or Off-The-Shelf Purchase at the point of ordering or purchasing. If You have a legal reason for deducting VAT from Your purchases, then You will be required to make Your own claims for VAT overpaid to the relevant tax authority.
3.3.5 We do not authorise resellers to create an Account, to place Orders, to place Manual Orders, or make Off-The-Shelf Purchases without Our express written consent. Any Order, Manual Order, or Off-The-Shelf Purchase made by a reseller who plans to or does resell the Goods will lose all rights to cancel, edit, or return any Goods ordered or purchased from Us and lose any and all entitlements to any refund in the case of change of mind, damaged, faulty, or incorrect Goods. We reserve all rights to cancel any Order, Manual Order, or Off-The-Shelf Purchase under such circumstances at Our sole discretion and at any time.
3.4 International Customers or Transactions
3.4.1 We do not accept any liability for any customs fees, tariffs, duties, or fines that You may incur when purchasing or ordering Goods from Us or Our Partners.
3.4.2 We do not accept any liability for any Goods seized, delayed, or destroyed by customs or enforcement agencies.
3.4.3 Any payment or refund due to You will be paid to You in the same currency in which You originally paid for Your Order, Manual Order, or Off-The-Shelf Purchase.
3.4.4 Any Order You place with Us or Our Partners via Our Websites or Our Contact Centre will be treated as an Order taking place in the United Kingdom, specifically England. The applicable tax in the jurisdiction of England will be applied to the total value of the Goods. You will be responsible for any taxes, charges, levies, assessments and other fees of any kind imposed on the purchase of the Goods by other jurisdictions.
3.5 Goods, Pricing and Availability
3.5.1 We make all reasonable efforts to ensure that all descriptions in English and graphical representations of Goods available from Us and Our Partners correspond to the actual Goods. Please note, however, the following:
3.5.1.1 images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
3.5.1.2 images and/or descriptions of packaging are for illustrative purposes only; the actual packaging of Goods may vary;
3.5.1.3 Our Content and Partner Content including, but not limited to, images and videos relating to Goods may include representations of other artefacts, props, accessories, property or other Goods in order to create a context for the Goods on offer. Unless otherwise stated, all artefacts, props, accessories, property, or other Goods featured in Our Content and Partner Content should be regarded as excluded from the Goods on offer;
3.5.1.4 there may be slight variations in the size, weight, dimensions and measurements of the Goods indicated on Our Website and/or the packaging of the Goods; and
3.5.1.5 Our The Range Marketplace Partners are responsible for the accuracy of all their Partner Content published on Our Websites.
3.5.2 Where appropriate, You may be required to select the required size, model, colour, number, of the Goods that You are ordering or purchasing.
3.5.3 We neither represent nor warrant that Goods will be available.
3.5.4 All prices are checked by Us when We process Your Order, Manual Order, or Off-The-Shelf Purchase. In the unlikely event that We have published incorrect pricing information via Our Websites, via Our Contact Centre, or via Our Stores, We reserve the right to refuse or cancel all or part of Your Order, Manual Order, or Off-The-Shelf Purchase
3.5.5 We make all reasonable efforts to ensure that all prices published by Us and Our Partners are correct at the time of publication. We and Our Partners reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not retrospectively affect any Order or Manual Order that You have already placed unless as detailed in Clause 3.5.4 above, the pricing shown was incorrect.
3.5.6 In the event that the price of Goods You have ordered changes between Your Order or Manual Order being placed and Us taking payment in full for that Order or Manual Order, You will be charged the price published at the time of placing Your Order or Manual Order unless as detailed in Clause 3.5.4 above, the pricing shown was incorrect.
3.5.7 All prices published by Us include VAT (where applicable).
3.5.8 Delivery, collection, or other delivery charges are not included in the price of Goods published by Us. Please see Our Websites for full details of Our delivery, collection, and other delivery options and related charges applicable to Orders. Delivery, collection, and other delivery options and related charges applicable to Manual Orders will be specified on the Manual Order Form provided to You at the time of placing Your Manual Order. Our The Range Marketplace Partners may include delivery charges in the price of Goods published on Our Websites and label the Goods as “Free Delivery”.
3.5.9 Where available, the applicable delivery, collection, or other delivery options and related charges will be presented to You as part of the ordering process.
3.5.10 Prices that are reduced for sales and promotional reasons are only valid for the period specified.
3.5.11 There may be circumstances in which prices differ depending on the method of purchasing or ordering (i.e. via Our Websites, via Our Contact Centre, or via Our Stores) due to special promotions or clearance initiatives.
3.6 Manufacturer’s Warranties
3.6.1 Certain Goods may be provided with a manufacturer’s warranty. For further details and terms, please refer to the manufacturer’s warranty documentation supplied with the Goods.
3.6.2 The manufacturer’s warranty exists in addition to Your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, You may be entitled to return Goods to Us or Our The Range Marketplace Partners in accordance with Clause 6.2.1.
4. Distance Interaction & Selling
4.1 Scope
4.1.1 The terms herein contained in this Clause 4 only apply where You Interact with Us or You Order Goods from Us or Our The Range Marketplace Partners via Our Websites or Our Contact Centre.
4.2 Interaction with Our Contact Centre
4.2.1 It is Your responsibility to make any and all arrangements necessary in order to communicate with Our Contact Centre including the cost of any telephone calls, text messages, emails, letters, or any other form of Correspondence.
4.2.2 Communication with Our Contact Centre is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Contact Centre (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Contact Centre (or any part of it) is unavailable at any time and for any period.
4.2.3 Our Contact Centre opening times are published on Our Websites. We reserve the right to alter these opening times at any time and without notice.
4.3 Interaction with Our Websites
4.3.1 It is Your responsibility to make any and all arrangements necessary in order to access Our Websites.
4.3.2 Access to Our Websites is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Websites (or any part of them) at any time and without notice. We will not be liable to You in any way if Our Websites (or any part of them) are unavailable at any time and for any period.
4.3.3 Links to other websites may be available on Our Websites. Unless expressly stated, these other websites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party websites. The inclusion of a Link to another website on Our Websites is for information only and does not imply any endorsement of the websites themselves or of those in control of them.
4.3.4 Our Content and Partner Content on Our Websites does not constitute advice on which You should rely. It is provided for general information purposes only.
4.3.5 We exercise all reasonable skill and care to ensure that Our Websites are secure and free from viruses and other malware. However insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Websites will meet Your requirements, that they will not infringe the rights of third parties, or that they will be compatible with all software and hardware, or that they will be secure.
4.3.6 You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.
4.3.7 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to Our Websites or use Our Websites as a vehicle to transfer such viruses or other malware.
4.3.8 You must not attempt to gain unauthorised access to any part of Our Websites, the servers on which Our Websites are stored, or any other server, computer, or database connected to Our Websites.
4.3.9 You must not attack Our Websites by means of a denial of service attack, a distributed denial of service attack, or by any other means.
4.3.10 By breaching the terms set out in Clauses 4.3.7, 4.3.8 and 4.3.9, You may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them. Your right to use Our Websites will cease immediately in the event of such a breach.
4.3.11 You may only use Our Websites in a manner that is lawful, including:
4.3.11.1 You must ensure that You comply fully with any and all local, national or international laws and/or regulations;
4.3.11.2 You must not use Our Websites in any way, or for any purpose, that is unlawful or fraudulent;
4.3.11.3 You must not use Our Websites to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
4.3.11.4 You must not use Our Websites in any way, or for any purpose, that is intended to harm any person or persons in any way.
4.3.12 We reserve the right to suspend or terminate Your access to Our Websites if You breach the provisions within these Terms and Conditions. Specifically, We may take one or more of the following actions:
4.3.12.1 suspend, whether temporarily or permanently, Your ability to access Our Websites and/or Your Account;
4.3.12.2 remove any User Generated Content submitted by You that breaches these Terms and Conditions;
4.3.12.3 issue You with a written warning;
4.3.12.4 take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
4.3.12.5 take further legal action against You as appropriate;
4.3.12.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
4.3.12.7 any other actions which We deem reasonably appropriate (and lawful).
4.3.13 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
4.4 The Contract
4.4.1 Our Websites or Our Contact Centre will guide You through the ordering process. Before submitting Your Order to Us You will be given the opportunity to review Your Order and amend it. Please ensure that You have checked Your Order carefully before placing it.
4.4.2 No part of Our Websites or Correspondence with Our Contact Centre in relation to placing an Order constitutes a contractual offer capable of acceptance. Our acknowledgement of receipt of Your Order by means of an Order Processing Notification does not mean that We or Our Partners have accepted it. Your Order constitutes a contractual offer that We or Our Partners may accept.
4.4.3 Acceptance is only indicated by the first Order Acceptance Event relating to Your Order, or 70 hours after Us sending You an Order Processing Notification where We have not subsequently informed You of Our or Our Partner’s intention to cancel all or part of Your Order, whichever is the earlier. If We or Our Partner are unable to deliver part or all of Your Order for any reason, We and Our Partners reserve the right to cancel that part or all of Your Order. Only once an Order Acceptance Event has occurred or 70 hours has elapsed since We sent You an Order Processing Notification where We have not subsequently informed You of any intention to cancel all or part of Your Order, will there be a legally binding Contract between You and Us and/or Our Partner.
4.4.4 The Order Processing Notification shall contain the following information:
4.4.4.1 confirmation of the Goods and the quantity ordered; and
4.4.4.2 fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.
4.4.5 We require an accurate, valid email address for You so that We may send You an Order Processing Notification. If You do not provide an accurate, valid email address to Us when placing Your Order We do not accept any responsibility for Your failure to receive an Order Processing Notification or any Correspondence relating to Order Acceptance Events that follow thereafter.
4.4.6 If We, for any reason, do not accept or cannot deliver Your Order, no payment shall be taken under normal circumstances. If We have taken payment, any such sums will be refunded to You as soon as reasonably possible.
4.5 Payments
4.5.1 Payment details for Goods and any delivery, collection or other delivery charges or any other charges including VAT must always be provided in advance and You will be prompted to provide these details during the Order process.
4.5.2 We accept Credit/Debit card payments (most cards are accepted, however, We reserve the right to refuse cards We are unable to accept) when ordering via Our Websites or Our Contact Centre.
4.5.3 We accept payment via PayPal when ordering via Our Websites.
4.5.4 Where You choose to pay using credit/debit card when ordering via Our Websites or Our Contact Centre, We will pre-authorise Your card for the amount of the Order but will not take payment immediately.
4.5.5 Where You choose to pay using PayPal, We will inform PayPal of Our intention to charge Your PayPal account for the amount of the Order but will not take payment immediately. Your agreement with PayPal however may mean that the funding methods set up on Your PayPal account are charged immediately.
4.5.6 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, We offer You the following payment options (as further detailed on Klarna’s website or terms of business). Payment is to be made to Klarna:
Further information and Klarna’s user terms can be found here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.
CDS (SUPERSTORES INTERNATIONAL) LIMITED (t/as The Range), is authorised and regulated by the Financial Conduct Authority (FCA FRN 683245) and acts as a credit intermediary and not a lender, offering credit products provided [exclusively by Klarna Bank AB (publ)] [by a limited number of finance providers, including Klarna Bank AB (publ)]. Please note that [Pay in 3 instalments] [and] [Pay in 30 days] agreements are not regulated by the FCA. Finance is only available to permanent UK residents aged 18+, subject to status, T&Cs and late fees apply. Klarna.com/uk/terms-and-conditions
4.5.7 When ordering via Our Websites or Our Contact Centre, payment is settled in full using the payment details provided by You when the first Order Acceptance Event occurs, or 70 hours after Us sending You an Order Processing Notification where We have not subsequently informed You of any intention to cancel all or part of Your Order, whichever is the earlier.
4.5.8 Any payment or refund due to You will be paid to You in the same currency in which You paid for Your Order originally, unless we both agree otherwise in writing.
4.5.9 Any payment or refund due to You will be paid to You using the same payment method by which You paid for Your Order originally, unless we both agree otherwise in writing.
4.5.10 Any payment or refund due to You by credit/debit card will be paid to You using the same card by which You paid for Your Order originally, unless we both agree otherwise in writing.
4.6 Delivery and Cancellation
This Clause makes numerous references to order delivery. Where Goods in Your Order are sold by our The Range Marketplace Partners, it is their sole responsibility to action the acceptance of Orders.
4.6.1 When You order Goods from Us or Our The Range Marketplace Partners, You will be provided with an estimated date, dates, date range, or date ranges for the delivery of Your complete Order, or the instalments of which it consists. Should We or Our Partner be delayed in delivering any part of Your Order, We or Our Partner will deliver Your Order within 30 calendar days of the date of the Order Acceptance Event where this is a later date, unless otherwise agreed in writing, and subject to further delays caused by events outside of Our or Our Partner’s control (including but not limited to any delay issues caused by couriers or other third parties).
4.6.2 Notwithstanding any other rights and remedies You may have under these Terms and Conditions, where an issue has arisen with any Products provided by Our The Range Marketplace Partners, or Your Order relating to any Products provided by Our The Range Marketplace Partners, including but not limited to damage or late delivery, unless You have requested cancellation of Your Order, Our Partners will be given 2 days to reply to any queries raised with respect to the issues that have arisen and provide a summary of solutions to be implemented going forward.
4.6.3 Where You have ordered Goods from Us or Our The Range Marketplace Partners for delivery, they will be delivered by a courier service of Our or Our Partner’s choosing.
4.6.4 Where You have ordered Goods from Us or Our Partners for delivery, if the courier service chosen is unable to deliver the Goods on the delivery date due to either their failure to perform, or Your absence from the delivery address, the courier service or an alternative courier service chosen by Us or Our Partners, will re-attempt delivery of the ordered Gods on one further occasion.
4.6.5 Where You have ordered Goods from Us or Our Partners for delivery, if the courier service chosen originally was unable to deliver the Goods on a second occasion, or the alternative courier service subsequently chosen was unable to deliver the Goods, We or Our Partners reserve the right to cancel Your Order by way of a written notice.
4.6.6 Where You have ordered Goods from Us or Our Partners for delivery, if the courier service chosen is unable to deliver to the specified delivery location, We or Our Partners reserve the right to cancel Your Order.
4.6.7 Where You have ordered Goods from Us for collection, if the collection location specified when Your Order was placed is unable to facilitate the collection of the Goods on the specified date, dates, date range, or date ranges, for any reason including stock availability, unforeseen circumstances, or the failure of a third party to perform, We reserve the right to cancel Your Order by way of a written notice.
4.6.8 Where You have ordered Goods from Us for collection, if the location specified when Your Order was placed is unable to facilitate the collection of the Goods due to Your absence, or Your failure to present photographic identification at the specified location, at the specified date, dates, date range, or date ranges We reserve the right to cancel Your Order by way of a written notice.
4.6.9 Where You have ordered Goods from Us for collection, they will be made available at the location specified when Your Order was placed. If We are unable to deliver the Goods at this location, We reserve the right to cancel Your Order by way of a written notice.
4.6.10 Where You have placed an Order with Us, in the unlikely event that We or Our Partners fail to deliver the Goods within 30 calendar days of the Order Acceptance Event (unless otherwise indicated by the Order Processing Notification that delivery of all or part of the Goods would be after this date), if any of the following apply, You may cancel Your Order immediately by way of a written notice:
4.6.10.1 We or Our Partners have refused to deliver Your Goods; or
4.6.10.2 in light of all relevant circumstances, delivery within that time period was essential; or
4.6.10.3 You told Us when ordering the Goods that delivery within that time period was essential.
4.6.11 If You do not wish to cancel Your Order in accordance with Clause 4.6.10 above, or if none of the specified circumstances apply, You may specify a new reasonable delivery date that is achievable by Us as indicated within the delivery information published on Our Websites. If delivery of the Goods by this date fails for a reason of Our or Our Partner’s responsibility, You may then cancel Your Order.
4.6.12 You may cancel all or part of Your Order in accordance with Clauses 4.6.10 or 4.6.11 provided that separating the Goods in Your Order would not in our reasonable and sole opinion significantly reduce their original purchase value or residual value, including circumstances where Goods were purchased as part of a promotion. Any sums that You have already paid for the cancelled Goods and their delivery will be refunded to You, with promotional discounts re-evaluated on the basis of the remaining Goods in Your Order. If any cancelled Goods are delivered to You, You must return them or arrange for their collection.
4.6.13 If You cancel your Goods through no fault of Ours or Our Partners in accordance with these Conditions, and the Goods have already been dispatched, We or Our Partners reserve the right to charge You or deduct from Your total refund a return/collection fee. The amount deducted will, as a minimum, be based on the weight of Your Goods and can also include but not be limited to, any charges related to the time and materials necessary to pick and pack the Goods and also any charges related to any subsidies provided by Us towards delivery costs. The amount deducted based on the weight of Your Goods can be viewed in our returns and refunds information on Our Website.
4.6.14 Where a collection of cancelled Goods is required, the collection will be made via a courier of Our choosing. If you are not at home when the chosen courier attempts to collect your Goods, We reserve the right to deduct from Your refund or charge Your payment method the cost of the failed return in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
4.6.15 Where You have placed an Order with Us, Goods may be delivered in instalments. If Your Order is to be delivered in several instalments this will be explained within the Order Processing Notification. If any part or any delivery of the Goods is delayed, subject to Clause 4.6.10, You may not cancel any other parts or any other instalments because of the delay.
4.7 Risk and Ownership
4.7.1 Where You have placed an Order on Our Website, legal and beneficial ownership of the Goods passes to You only once We have received payment in full of all sums due including any applicable delivery charges, and the Goods have been delivered to You.
4.7.2 Where You have ordered Goods from Us or Our The Range Marketplace Partners for delivery, delivery shall be deemed complete once the Goods have been delivered to an address provided by You, including where relevant, any alternative address provided in Your Order, or where relevant, to a neighbour or safe location at the discretion of the courier services entrusted with the delivery of the Goods to You.
4.7.3 Where You have ordered Goods from Us, or Our The Range Marketplace Partners for collection, delivery shall be deemed complete once You have collected the Goods from the location specified when Your Order was placed.
4.7.4 Where You have placed an Order with Us, or Our The Range Marketplace Partners, the risk in the Goods shall remain with Us until We, or Our Partners have delivered the Goods to You as detailed in Clauses 4.7.2 or 4.7.3 above.
5. On Premises Interaction & Selling
5.1 Scope
5.1.1 The terms detailed in this Clause 5 only apply where You purchase or Order Goods from Us or Our The Range Marketplace Partners via Our Stores.
5.1.2 Where You purchase or order Goods from Us or Our The Range Marketplace Partners via Our Stores, please refer to any signage or literature within Our Store, featured with or nearby the Goods for additional terms and conditions, exclusions, or restrictions that may also apply.
5.1.3 Where You purchase or order Goods from Us or Our The Range Marketplace Partners via Our Stores, please refer to the Store Receipt provided to You at the time of purchasing or ordering, for additional terms and conditions, exclusions, or restrictions that may also apply.
5.2 Interaction with Our Stores
5.2.1 It is Your responsibility to make any and all arrangements necessary in order to communicate with or visit Our Stores including the cost of any transport.
5.2.2 Access to Our Stores is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Stores (or any part of them) at any time and without notice. We will not be liable to You in any way if Our Stores (or any part of them) are unavailable at any time and for any period.
5.2.3 Our Stores opening times are published on Our Websites. We reserve the right to alter these opening times at any time and without notice.
5.3.1 Should You make an Off-The-Shelf Purchase, You will be provided with a Store Receipt. The Store Receipt You receive shall contain the following information:
5.3.1.1 confirmation of the Goods and the quantity ordered; and
5.3.1.2 fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.
5.4 Payments
5.4.1 Payment details for Goods including VAT must always be provided in advance and You will be prompted to provide these details during the purchasing or ordering process.
5.4.2 We accept Credit/Debit card payments (most cards are accepted however, We reserve the right to refuse cards We are unable to accept) when purchasing or ordering via Our Stores.
5.4.3 Where You choose to pay using Credit/Debit card when purchasing or ordering via Our Stores, We will usually take payment immediately but reserve the right to delay taking payment for up to 72 hours before debiting Your account.
5.4.4 We accept cash payments in Great Britain Pounds Sterling when purchasing or ordering via Our Stores located in the United Kingdom. In selected stores We may also accept cash payments in other currencies at Our sole discretion or if it is legal tender in that specific jurisdiction.
5.4.5 We may accept at Our sole discretion to accept other modes of payment including The Range Gift Card, transaction balances following a refund, or other store credit, when purchasing or ordering via Our Stores.
5.4.6 Any payment or refund due to You will be paid to You in the same currency in which You originally paid for Your Order, Manual Order, or Off-The-Shelf Purchase, unless we both agree otherwise.
5.4.7 Any payment or refund due to You will be paid to You using the same payment method by which You originally paid for Your Order, Manual Order, or Off-The-Shelf Purchase, unless we both agree otherwise in writing.
5.4.8 Any payment or refund due to You by Credit/Debit card will be paid to You using the same card by which You originally paid for Your Order, Manual Order, or Off-The-Shelf Purchase, unless we both agree otherwise in writing.
5.5 Delivery
5.5.1 When You order Goods from Us or Our The Range Marketplace Partners, You will be provided with an estimated date, dates, date range, or date ranges for the delivery of Your complete Order, or the instalments of which it consists. Should We or Our The Range Marketplace Partner be delayed in delivering any part of Your Order, We or Our Partner will, unless otherwise agreed or further delays caused by events outside of Our or Our Partner’s control (including but not limited to any delay issues caused by couriers or other third parties), deliver Your Order within 30 calendar days of the date of the Order Processing Notification where this is a later date.
5.5.2 Where You have ordered Goods from Us or Our The Range Marketplace Partner for delivery, they will be delivered by a courier service of Our or Our Partner’s choosing.
5.5.3 Where You have ordered Goods for delivery, delivery shall be deemed complete once the Goods have been delivered to an address provided by You including, where relevant, any alternative address provided in Your Order, or where relevant to a neighbour or safe location at the discretion of the courier services entrusted with the delivery of the Goods to You.
5.5.4 Where You have ordered Goods from Us, or Our The Range Marketplace Partners for collection, delivery shall be deemed complete once You have collected the Goods from the location specified when Your Order was placed.
5.5.5 Where You have made an Off-The-Shelf Purchase, delivery shall be deemed complete once We have provided You with the Goods via Our Stores.
5.5.6 Where You have made an Off-The-Shelf Purchase or placed an Order on Our Websites, legal and beneficial of the Goods transfers to You only once We have received payment in full of all sums due including any applicable delivery charges, and the Goods have been delivered to You.
5.6.7 Where You have purchased or ordered Goods from Us or Our The Range Marketplace Partners, the risk in the Goods shall remain with Us or Our Partner until the Goods have been delivered to You as detailed in Clauses 5.5.3 or 5.5.4 or 5.5.5.
6. Returns, Refunds & Cancellations
This section makes numerous references to order returns, refunds, and cancellations. Where Goods in Your Order are sold by our The Range Marketplace Partners, it is their sole responsibility to process any returns, cancellations, and refunds associated with Your Order.
6.1 Change of Mind
6.1.1 You may withdraw (cancel) Your pre-contractual offer to purchase or order Goods at any time prior to an Order Acceptance Event unless Your Order is exempt from this privilege under the terms set out in Clause 6.1.9 below.
6.1.2 You have the right to a 14 day Change of Mind Period within which You may cancel the Contract or cancel or return all or part of Your Order or Off-The-Shelf purchase, for any reason, unless the Goods within Your Order or Off-The-Shelf Purchase that You wish to cancel or return are exempt from this privilege under the terms set out in Clause 6.1.9 below, or as displayed in store, or provided to You under the terms set out in Clauses 5.1.2 or 5.1.3.
6.1.3 For Orders, the Change of Mind Period begins on the earlier of the following events: (i) once the first Order occurs in relation to Your Order, or (ii) 70 hours after We send You an Order Processing Notification where We have not subsequently informed You of intention to cancel all or part of Your Order, i.e. when the Contract is formed.
6.1.4 The Change of Mind Period lasts for whole calendar days. If, for example, You notify Us of Your intention to return Goods to Us using the Returns Authorisation Process at 23:59 on the final day of the Change of Mind Period, Your cancellation will be valid and accepted.
6.1.5 Should You wish to return all or part of an Off-The-Shelf Purchase during the Change of Mind Period, unless Goods within Your Off-The-Shelf Purchase that You wish to return are exempt from this privilege under the terms set out in Clause 6.1.9, or as displayed in Our Stores, or provided to You under the terms set out in Clauses 5.1.2 or 5.1.3, You must return all or part of Your Off-The-Shelf Purchase to Us at Our Stores.
6.1.6 Should You wish to return all or part of Your Order during the Change of Mind Period, You must inform Us or Our Partner of Your decision to cancel, or Your decision to return all or part of Your Order using the facilities available within Our Websites. In the case of Goods sold and dispatched by Our The Range Marketplace Partners, You must follow the returns process outlined in Your Order Processing Notification and on the product page on Our Website.
6.1.7 If You wish to exercise Your right to cancel during the Change of Mind Period and delivery of the Goods has started, for example the Goods have been provided to a courier but the Goods have not yet been received by You, You must reject the Goods when the courier service attempts to deliver the Goods to You before any refund payment will be made. Should You accept the Goods when the courier service attempts to deliver the Goods to You, You must return the Goods at your sole cost.
6.1.8 If You are returning Goods due to a change of mind, the Goods must be returned in the same original, un-used, and re-saleable condition otherwise they may not be accepted.
6.1.9 You will lose Your right to cancel or return Goods within the Change of Mind Period in the following circumstances:
6.1.9.1 if the Goods are sealed for health or hygiene reasons and You have unsealed those Goods after receiving them;
6.1.9.2 if the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and You have unsealed the Goods after receiving them;
6.1.9.2 if the Goods have been inseparably mixed with other items (according to their nature) after You have received them;
6.1.9.3 Goods have been personalised, sourced specifically for you, or made to Your specification;
6.1.9.4 You have assembled the Goods and/or started using the Goods;
6.1.9.5 You have unreasonably damaged the packaging of the Goods over and above opening the packaging for inspection purposes; or
6.1.9.6 You have damaged the Goods,
6.1.10 If You wish to exercise Your right to return all or part of Your Order during the Change of Mind Period, You must return Goods no later than: (i) 14 calendar days from the day on which You received them; or (ii) 14 calendar days after the day on which You inform Us or Our Partner that You wish to return the Goods, whichever is the earlier. You may return the Goods or, at the sole discretion of Us or Our The Range Marketplace Partner, the Goods may be collected from you.
6.1.11 If You wish to exercise Your right to return all or part of Your Order due to a change of mind, We or Our Partner reserve the same rights to deduct a return/collection fee from Your total refund as set out in Clauses 4.6.13 and 4.6.14.
6.1.12 You will be unable to cancel or return any Goods ordered or purchased outside of the Change of Mind Period due to a change of mind.
6.2 Faulty, Damaged or Incorrect Goods
6.2.1 We and/or Our The Range Marketplace Partners must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase subject to the terms set out in Clause 3.5, in accordance with any pre-contract information We have provided, and that match any samples or models that You have seen or examined (unless We or Our Partners have made You aware of any differences). If any Goods You have purchased do not comply and, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, You must contact Us or Our The Range Marketplace Partner as soon as reasonably possible and in any case no later than 30 days of receipt of the Goods, to report the fault, damage or error, and to arrange for a repair, replacement, or refund.
6.2.2. If You have reason to believe that any faults or damages in the Goods are due to any actions or omissions by the courier delivering such Goods, You must contact Us or Our The Range Marketplace Partner as soon as reasonably possible, and in any case no later than 14 days of receipt of the Goods to report the fault or damage.
6.2.3. Where You have notified us according to Clauses 6.2.1. and/or 6.2.2 above, You:
6.2.3.1. have a duty to not make any further use of the Goods and if you do make any further use of such Goods after giving such notice, We and Our Partners shall not be liable for any breach of warranty in relation to any defect in such Goods.; and
6.2.3.2 will make the Goods available for collection by Us and/or Our Partners, or to return them as agreed (if the case) and allow for a reasonable opportunity of examining such Goods.
6.2.4 In the event that the Goods sold to You do not conform with the terms set out in Clause 6.2.1 and We or Our The Range Marketplace Partner agree that it is not due to Your operation, use or handling of the Goods that is the cause, beginning on the day that You receive the Goods, You have a 14 calendar day right to reject the Goods and to receive a full refund. Alternatively, You may request a repair of the Goods or a replacement. Should a repair or replacement be agreed, We or Our Partner will bear any associated costs and will carry out the repair or replacement within a reasonable time. In certain circumstances, where a repair or replacement is impossible, disproportionate, or not commercially viable, We or Our Partner reserve the right to instead offer You a full refund.
6.2.5 If You request a repair or replacement during the 14 calendar day rejection period as detailed in Clause 6.2.4 above, that period will be suspended while We or Our The Range Marketplace Partner carry out the repair or replacement and will resume on the day that You receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days. If, after a repair or replacement, the Goods still do not conform (or if We or Our The Range Marketplace Partner cannot do so as previously described, or have failed to act within a reasonable time), You may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If You exercise the final right to reject the Goods more than six months after You have received the Goods, We or Our Partner may, acting reasonably and at our sole discretion, reduce any refund to reflect the utility that You have derived from the Goods during the period You have possessed them.
6.2.6 You will not be eligible to a repair, replacement, or refund under the terms set out in Clauses 6.2.4 or 6.2.5 if We or Our The Range Marketplace Partner informed You of the fault(s), damage or other problems with the Goods before Your purchase of the them and it is because of the same issue that You now wish to return them; if You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us or Our Partner and the problem has resulted from Your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless or accidental damage. You may not return Goods under the terms set out in Clauses 6.2.4 or 6.2.5 merely because You have changed Your mind.
6.2.7 If You are returning Goods due to them being incorrect, damaged or faulty then they must be returned in the same condition that they were provided to You, or in such a condition whereby the only deterioration was required in order to detect the fault, otherwise they may not be accepted.
6.2.8 Where You have ordered Goods from Us or Our Partner for collection, when You collect the Goods it is Your responsibility to check that the Goods are of a satisfactory quality, are fit for purpose, and are as described.
6.2.9 Should You reject the Goods more than six months after You received the Goods, We or Our The Range Marketplace Partners may, acting reasonably and at our sole discretion, reduce any refund to reflect the utility that You have derived from the Goods during the period You have possessed them.
6.3 Products classifications
6.3.1 Each product listed on Our Website will contain a classification in relation to its size and its suitability in relation to the return options available for that product. This information is also provided upon completing the Returns Authorisation Process and selecting the Authorised Returns Method. For information the following classifications apply:
6.3.1.1 Small items under 2kg;
6.3.1.2 Regular items under 30kg and less than 1.2m in any one dimension;
6.3.1.3 Fragile items under 35kg and less than 1.2m x 1.2m x 2m;
6.3.1.4 Medium items under 35kg and less than 2m x 1.2m x 1.2m; and
6.3.1.5 Large Items over 35kg or greater than 2m x 1.2 x 1.2m.
6.3.2 Selected items only are suitable and accepted as returnable to Our Stores. Those items are those as classified in Clause 6.3.1 above as:
6.3.2.1 Small;
6.3.2.2 Regular; and
6.3.2.3 Fragile,
any item classified as Medium or Large or any item sold by a The Range Marketplace Partner cannot be returned via Our Stores.
6.3.3 The Returns Authorisation Process will only offer acceptable options for return against each product. If the option you are looking for is not offered during the Returns Authorisation Process, that option is not currently available and therefore a return via an alternative, offered method must be selected.
6.3.4 The provisions of Clause 6.3 do not apply to Off-The-Shelf purchases or Goods sold and dispatched by Our The Range Marketplace Partners.
6.4 Returning Goods following an Off-The-Shelf Purchase
6.4.1 Should You wish to return Goods to Us that were purchased as an Off-The-Shelf Purchase in accordance with the terms set out in Clauses 5.5.5 or 6.1.6, You must physically bring the Goods You wish to return to Us at one of Our Stores in accordance with the terms set out in Clause 6.6.
6.5 Returning Goods following an Order
6.5.1 Should You wish to return Goods that were delivered to You as a result of a Website Order, in accordance with the terms set out in Clauses 6.1 or 6.2, You must notify Us or Our The Range Marketplace Partner within 28 calendar days following the date of the Order Processing Notification, or within 14 calendar days following the actual date of the delivery of the last instalment of Goods (whichever is later). In the case of Goods sold to You by Us, You should notify Us of Your intent to return the Goods using the Returns Authorisation Process. In the case of Goods sold and dispatched by Our Partners, You should refer to Your Order Processing Notification and the returns process outlined on the product page on Our Website.
6.5.2 If the Good you wish to return is not categorised under Clause 6.3.2 and is not suitable for returns to Our Store, You must complete the Returns Authorisation Process and You must action the return using the Agreed Return Method. Should the Agreed Return Method involve action by Us or Our The Range Marketplace Partners to collect any Goods from You, We or Our Partner will contact You within 7 days to arrange such actions and reserve the same rights as outlined in Clauses 4.6.12 and 4.6.13.
6.5.3 Should You wish to return Goods that were delivered to You as a result of Your Order in accordance with the terms set out in these Terms and Conditions, including but not limited to Clause 6, however You fail to use the Returns Authorisation Process, We or Our The Range Marketplace Partner reserve the right to refuse to refund You. Furthermore, You will be liable for any costs which You incur including any transport or carriage costs of the Goods from You to Us or Our The Range Marketplace Partner. We or Our Partner may be unable to refund You and will dispose of the Goods in any way seen fit including destruction, retention, or resale if the returned Good either cannot be located or linked to You.
6.5.4 On completion of the Returns Authorisation Process, You will be notified of how to return the Goods, of which there may be several options provided at Our or Our The Range Marketplace Partner’s discretion and depending on the nature of Your Order and the Goods You wish to return. If there is only one option, You must select this and agree this forms the Agreed Return Method. If there are several options available, You must select one and agree this forms the Agreed Return Method.
6.5.5 Once You have selected the Agreed Return Method using the Returns Authorisation Process, You must then return the Goods using the Agreed Return Method.
6.5.6 Should You return Goods in a different manner or method to the Agreed Return Method, We or Our The Range Marketplace Partner reserve the right to refuse to refund You if the returned Good either cannot be located or linked to You.
6.6 Processing Returns via Our Stores
6.6.1 If You return Goods to Us via Our Stores which are not permitted store return items, as set out in Clause 6.3.2, or if Our Store does not feel the return is compliant with Clause 6.1.9, We will refuse to accept the Goods from You, and You must remove them from Our premises immediately and at Your sole expense.
6.6.2 Should You wish to return Goods to Us that were delivered to You as a result of Your Order in accordance with the terms set out in Clauses 6.1 or 6.2 and 6.3, and the Agreed Return Method is to return the Goods via Our Stores, You must physically bring the Goods You wish to return to Us at one of Our Stores at Your sole expense and subject to the availability of Our Stores as explained in Clause 5.2.
6.6.3 Should You return Goods to Our Stores, You must do so in person and bring the Goods with You. It is not permitted to return Goods to Our Stores by courier, post, proxy, or any other method.
6.6.4 Should You return Goods to Our Stores, You must produce proof of purchase such as the valid, original, physical Store Receipt or delivery note at the time of returning the Goods. Should You attempt to return Goods to Us via Our Stores without the delivery note or till receipt, We reserve the right to refuse your refund.
6.6.5 Should You attempt to return Goods from an Order, to Us via Our Stores without prior notification or without using the Returns Authorisation Process, or in breach of the Authorised Return Method, We reserve the right to refuse your refund and may revert you back to the correct channels in order to complete the necessary Returns Authorisation Process.
6.7 Processing Returns via Our Customer Returns Centre
6.7.1 If You return Goods to Us via Our Customer Returns Centre or any other address connected to Us without prior authorisation and outside of the requirements of Clauses 6.1 or 6.2, We may be unable to refund You and We will dispose of the Goods in any way We see fit including destruction, retention, or resale if We either cannot locate the returned Good, or link the return to You.
6.7.2 Should You wish to return Goods to Us that were delivered to You as a result of Your Order in accordance with the terms set out in Clauses 6.1 or 6.2, and the Agreed Return Method is to return the Goods via Our Customer Returns Centre, it is Your responsibility to ensure that the Goods are packaged properly and carefully so that no damage is caused to them. Failure to do so may result in Your returned Goods being refused and/or any refund due being reduced in value.
6.7.3 You may not physically bring Goods You wish to return to Our Customer Returns Centre in person. All Goods returned to Our Customer Returns Centre as the Agreed Return Method must be delivered by courier or post, or any other method that We have explicitly agreed to at Our sole discretion.
6.7.4 Should You return Goods to Our Customer Returns Centre, it is Your responsibility to ensure that the correct and valid Order Reference is clearly marked on the outside of the package(s) containing the Goods.
6.7.5 Should You attempt to return Goods to Our Customer Returns Centre and the Goods are lost during transit from You to Us, We reserve the right to refuse to refund You. The burden of proof is Yours to prove that the Goods were sent to Us and to ensure that they were returned safely and were not damaged in transit.
6.7.6 Should You return Goods to Our Customer Returns Centre, We will process Your returned Goods as soon as possible and in any event within 14 calendar days following the date of receipt of the returned Goods.
6.7.7 Goods Ordered through an Off-The-Shelf transaction and Goods sold and dispatched by Our The Range Marketplace Partners are not authorised and are not to be returned to the Customer Returns Centre.
6.8 Refunds
6.8.1 Refunds may be reduced for any diminished value in the Goods resulting from Your excessive handling of them. For the purpose of this clause only, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that if We or Our The Range Marketplace Partner issue a refund before We or Our Partner have received the Goods and have had a chance to inspect them, We or Our Partner may subsequently charge You an appropriate sum if the Goods are found to have been handled in a way that would otherwise entitle Us or Our Partner to reduce Your refund or refuse to issue a refund altogether.
6.8.2 Refunds will be processed via the same method of payment unless agreed otherwise as set out in 4.5 or 5.4.
7. Liabilities
7.1 Subject to Clause 7.5 below, We will be responsible for any foreseeable Losses that You may suffer as a result of Our breach of these Terms and Conditions. Losses are foreseeable if it is an obvious consequence of Our breach, or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any Losses that are not foreseeable. Where a sale is made to You from a The Range Marketplace Partner, these liabilities will transfer to the The Range Marketplace Partner.
7.2 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. Where a sale is made to Your from a The Range Marketplace Partner, the same liabilities apply to The Range Marketplace Partner.
7.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, The Range Marketplace Partners, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
7.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.
7.5 Our maximum liability to You under these Terms and Conditions shall be limited to the value of the Goods purchased which give rise to such claim, and in no event shall we be liable for any Losses in excess of such value.
7.6 YOUR ENTITLEMENT TO THE RIGHTS AND PRIVILEGES GRANTED BY THESE TERMS AND CONDITIONS, ARE IN LIEU OF AND TO THE EXCLUSION OF ANY OTHER RIGHT OR CAUSE IN ACTION IN CONTRACT (INCLUDING NEGLIGENT BREACH OF CONTRACT), TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY WHETHER STRICT OR OTHERWISE) OR UNDER STATUTE OR ANY OTHER LEGALLY RECOGNISED CAUSE OF ACTION OR LIABILITY WHATSOEVER, WHETHER ARISING UNDER THESE TERMS AND CONDITIONS OR OTHERWISE.
7.7 The protection afforded by this Clause 7 extends to, and for the benefit of Our The Range Marketplace Partners.
7.8 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Websites, Our Contact Centre, or Our Stores or the use of or reliance upon any of Our Content or User Generated Content published by Us or Our The Range Marketplace Partners.
7.9 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to any of Our Content and any Partner Content or User Generated Content published by Us.
8. Force Majeur
8.1 We and Our Partners will not be liable for any failure or delay in performing any obligations where that failure or delay results from any cause that is beyond Our or Our Partner’s 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), epidemic, pandemic or other natural disaster, or any other event that is beyond Our or Our Partner’s reasonable control.
8.2 If any event described in Clause 8.1 occurs that is likely to adversely affect Our or Our Partner’s performance of any obligations under these Terms and Conditions:
8.2.1 We will inform You as soon as is reasonably possible;
8.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We or Our Partners are bound by will be extended accordingly;
8.2.3 We will inform You when the event outside of Our or Our Partner’s control is over and provide details of any new dates, times or availability of Goods as necessary;
8.2.4 If the event outside of Our or Our Partner’s control continues for more than 16 weeks, 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 5-7 calendar days of the date on which the Contract is cancelled;
8.2.5 If an event outside of Our or Our Partner’s control occurs and continues for more than 16 weeks and You wish to cancel the Contract as a result, You may do so. Any refunds 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 5-7 calendar days of the date on which the Contract is cancelled.
8.2.6 If the Contract is cancelled by You or by Us or Our Partner as set out in this Clause 8.2, if any Goods are in Your possession then We and Our Partner reserve the right to require the return of such Goods within 14 calendar days of the request.
9. Privacy & Your Personal Information
9.1 What Data Do We Collect?
9.1.1 Some data about You and Your Interactions with Us will be collected automatically by Us. Some data will only be collected if You voluntarily submit it, for example, when signing up for an Account. We may collect some or all of the following data:
9.1.1.1 names and addresses;
9.1.1.2 contact information such as email addresses and telephone numbers;
9.1.1.3 transaction information based on Your activities and Interactions with Us;
9.1.1.4 financial information including but not limited to credit/debit card details, PayPal details, and Klarna details;
9.1.1.5 delivery and billing instructions;
9.1.1.6 Your mark or signature;
9.1.1.7 passwords;
9.1.1.8 analytical information and statistics on Your use of Our Websites, Our Contact Centre, and Our Stores;
9.1.1.9 CCTV imagery including individual recognition;
9.1.1.10 vehicle registration numbers;
9.1.1.11 advertising preferences;
9.1.1.12 location information;
9.1.1.13 technical information about You and Your devices including but not limited to IP address, MAC address, operating system, device fingerprint; and
9.1.1.14 any other information You share with Us.
9.2 How Do We Use Your Data?
9.2.1 All personal data is stored securely in accordance with the principles of the UK Data Protection Act 2018.
9.2.2 We use Your data to provide a good experience to You. This includes:
9.2.2.1 providing and managing Your Account;
9.2.2.2 providing and managing Your access to Our Websites, Our Contact Centre, and Our Stores;
9.2.2.3 supplying Goods to You;
9.2.2.4 responding to communications from You;
9.2.2.5 market research; and
9.2.2.6 analysing Your Interactions with Us to enable Us to continually improve Our Websites, Our Contact Centre, and Our Stores to provide a good user experience
9.2.3 With Your permission and/or where permitted by law, We may also use Your data for marketing purposes which may include contacting You by email and/or telephone and/or text message and/or post with information, news and offers on Our products. We will not, however, send You any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect Your rights and comply with Our obligations under the UK Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
9.3 How and Where Do We Store Your Data?
9.3.1 We routinely anonymise some data that You provide or create during Your Interactions with Us. We reserve the right to hold this data indefinitely for any purpose.
9.3.2 We only keep Your personally identifiable data for as long as We need to in order to use it for the purposes set out in Clause 9.2, or We believe We will need to use it in future for the purposes set out in Clause 9.2, and/or for as long as We have Your permission to keep it.
9.3.3 Your Data will only be stored by Us in the United Kingdom. We may use facilities provided by trusted third parties to facilitate the storage of this data.
9.3.4 Data security is of great importance to Us, and to protect Your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure Your personally identifiable data.
9.3.5 Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that You are advised to take suitable precautions when transmitting to Us data via the internet. We cannot be held liable or responsible for data during transmission to Us.
9.4 Do We Share Your Data?
9.4.1 We may sometimes contract with third parties to supply products and services to You on Our behalf. These may include payment processing, delivery of Goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of Your data. Where any of Your data is required for such a purpose, We will take all reasonable steps to ensure that Your data will be handled safely, securely, and in accordance with Your rights, Our obligations, and the obligations of the third party under the law.
9.4.2 We may compile statistics that are based on data that includes information about Your Interactions with Us including usage patterns, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
9.4.3 In certain circumstances We may be legally required to share certain data held by Us, which may include Your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from You in order to share Your data in such circumstances and will comply as required with any legally binding request that is made of Us.
9.5 What Happens If Our Business Changes Hands?
9.5.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.
9.5.2 In the event that any of Your data is to be transferred in such a manner, You will not be contacted in advance or informed of the changes.
9.6 How Can You Control Your Data?
9.6.1 When You provide information to Us, You may be given options to restrict the means by which We can contact You.
9.6.2 Where relevant You may be provided with options to restrict Your visibility of advertising or marketing that We undertake.
9.7 Your Right to Withhold Information
9.7.1 To receive services from Us, to purchase Goods from Us, to view or read or witness any information published by Us, or in any way Interact with Us You may be required to submit or allow for the collection of certain personally identifiable data. You may withhold this information if You wish, however, this will restrict Your ability to Interact with Us.
9.7.2 If You are Interacting with Us via Our Websites, You may restrict Your internet browser’s use of Cookies however, this will restrict Your ability to Interact with Us.
9.7.3 You have the legal right to ask for a copy of any of Your personal data held by Us (where such data is held) on payment of a fee of £10.00. Please contact Us using the contact details available on Our Websites.
9.7.4 Please see Our Websites for details of Cookies that We use.
10. User Generated Content
10.1 If You wish to submit User Generated Content to Us, You agree that You will be solely responsible for that User Generated Content. Specifically, You agree, represent and warrant that You have the right to submit the User Generated Content and that it will not contravene any aspect of these Terms and Conditions.
10.2 When submitting User Generated Content (or Interacting with Us in any way), You must not submit, communicate or otherwise do anything that:
10.2.1 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
10.2.2 promotes violence;
10.2.3 promotes or assists in any form of unlawful activity;
10.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
10.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
10.2.6 is calculated or otherwise likely to deceive;
10.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
10.2.8 misleadingly impersonates any person or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of Clause 10.2);
10.2.9 implies any form of affiliation with Us where none exists;
10.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
10.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.3 You agree that You will be liable to Us and will, to the fullest extent permissible by law, identify Us of any breach of the warranties given by You under sub-Clause 10.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
10.4 You retain the ownership of Your User Generated Content and all intellectual property rights subsisting therein. By submitting User Generated Content to Us, You grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence Your User Generated Content for the purposes of operating or marketing Our business.
10.5 We may reject, reclassify, or remove any User Generated Content submitted to Us where that User Generated Content, in Our sole opinion, violates these Terms and Conditions, or if We receive a complaint from a third party and determine that the User Generated Content in question should be removed as a result.
11. Our Intellectual Property
11.1 With the exception of User Generated Content, all Content included on Our Websites and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Generated Content and Partner Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
11.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Websites unless given express written permission to do so by Us.
11.3 You may:
11.3.1 access, view and use Our Websites in a web browser (including any web browsing capability built into other types of software or app);
11.3.2 download Our Websites (or any part of it) for caching;
11.3.3 print pages from Our Websites;
11.3.4 download extracts from pages on Our Websites; and
11.3.5 save pages from Our Websites for later and/or offline viewing.
11.4 Our status as the owner and author of the Content on Our Websites (or that of identified licensors, as appropriate) must always be acknowledged.
11.5 You may not use any Content saved or downloaded from Our Websites for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Websites for general information purposes whether by business users or consumers.
11.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
11.7 You may Link to Our Websites provided that:
11.7.1 You do so in a fair and legal manner;
11.7.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
11.7.3 You do not use any logos or trademarks displayed on Our Websites without Our express written permission; and
11.7.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
12. Complaints and Feedback
12.1 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us using the contact details provided on Our Websites.
12.2 We always welcome feedback from Our Customers and, whilst We always use all reasonable efforts to ensure that Your experience as a Customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
13. Other Important Terms
13.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
13.3 The Contract is between You and Us. It also upholds Our operational requirements when acting as an agent in sales for Our The Range Marketplace Partners via Our Websites. 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 provision of these Terms and Conditions.
13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
13.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
14. Law and Jurisdiction
14.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
14.2 Any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
