YES CATALOGUE LIMITED TERMS AND CONDITIONS OF SALE
1. SUMMARY OF KEY TERMS AND CONDITIONS
1.1 These are the terms and conditions on which we supply goods to you on credit
1.2 Please read these terms and conditions carefully before you enter into any agreement with us. These terms and conditions tell you who we are, how we will provide goods to you, how you and we may change or end our agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss the same.
1.3 You can terminate your agreement with us during a 14-day cooling off period. Please refer to clause 10.2 to see how this works.
1.4 Please note that for the purposes of Regulation 30(3) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you identify and request us to take and retain possession of the goods from the date that we enter into our agreement with you, for an introduction period of six weeks whilst we get to know you as a customer.
2. Information about us and how to contact us
2.1 We are Yes Catalogue Ltd, a company registered in the United Kingdom. Our company registration number is 10366168 and our registered office is at Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF. Our registered VAT number is 250278026.
2.2 You can contact us by:
2.2.1 telephoning our customer service team at: 0370 034 0110;
2.2.2 in writing via post to Yes Catalogue Ltd, Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF; or
2.2.3 in writing via email to customerservices@yescatalogue.co.uk.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our Goods
3.1 Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
3.2 The packaging of the goods may vary from that shown in images on our website
4. Sale of the Goods
4.1 We agree to sell to you, and you agree to purchase, the goods described including each item of equipment and all renewals and replacements of the goods and additions to them) on the credit sale terms and conditions set out in this agreement.
4.2 The costs of delivery will be as displayed.
4.3 Please note that for the purposes of Regulation 30(3) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you identify and request us to take and retain possession of the goods from the date that of this agreement, for an introduction period of six weeks whilst we get to know you as a customer
4.4 If you pay the first six repayments due to us, we will contact you with an estimated delivery date at the end of the six-week introduction period. Please note that any such quoted delivery date for the goods is an estimate only and we do not guarantee delivery to you by a specified date. You should contact us as soon as possible if the goods do not arrive by the estimated delivery date. If you fail to pay the first six repayments due to us, we will contact you to discuss why you have not been able to make the necessary payments.
4.5 If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
4.6 If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
4.7 If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract under clause 11.
4.8 The goods will be your responsibility from the time the goods are delivered to the address you gave us.
4.9 We may need certain information from you so that we can supply the goods to you, including, for example, your name, address and other contact details. This information will be requested at the time you place your order. If you give us incomplete or incorrect information, we may either end the contract (and clause 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late if this is caused by you not giving us complete and correct information we need within a reasonable time of us asking for it.
4.10 We may have to suspend the supply of the goods to you: (i) to deal with technical problems or make minor technical changes; or (ii) as a result of any changes in relevant laws and regulatory requirements.
5. Your obligations
You shall:
5.1 Make payment
Pay the Advance Payment (if any) on or before signing this agreement, and shall make the Repayments specified overleaf by direct debit, punctually at the times shown, or at such other times as we may notify to you having regard to your wishes. Prompt payment is essential. Any payment sent to us by post will be at your risk;
5.2 Use of the Goods
Use the Goods properly and (subject to clause 6 below) not modify or alter them, nor permit their modification or alteration, including of identification or registration numbers or marks and shall ensure that they are used safely and without risk to health;
5.3 Damage, loss and repair
Be responsible for the loss or damage to, or caused by, the goods so far as such loss or damage is not covered by effective insurance under this agreement, and replace or repair the goods if reasonably required by us;
5.4 Notice of loss
Immediately give us notice in writing of the happening of any material loss of, or damage to, the goods;
5.5 Repair and maintenance
Keep the goods properly repaired and maintained, but shall not pledge our credit or permit any lien to be created on the goods;
5.6 Inspection
Allow us access to inspect the goods at all reasonable times;
5.7 Location of Goods
Keep the goods in your sole possession at your address specified overleaf and shall not sell, assign, mortgage or charge the goods or any interest in them or the benefit of this agreement nor, without our prior written consent, which shall not be unreasonably withheld, remove or permit the removal of the goods from the United Kingdom;
5.8 Insurance
Keep the goods insured in their full replacement value (in the case of mechanically propelled vehicles with full comprehensive cover) with reputable insurers against loss or damage by fire and such other risks (including third party risks) as are usually covered by insurance in the type of business for which the goods are for the time being used and such further risks as we reasonably require, with our interest noted on the policy. You shall notify us forthwith of any loss of or damage to the goods and hold the proceeds of the insurance in trust for us. You irrevocably authorise us to collect the insurance monies from the insurers. If a claim is made against the insurers we may, in our discretion, conduct negotiations and effect a settlement with the insurers and you agree to be bound by such settlement. We shall apply the insurance monies, in our discretion, as follows:
5.8.1 in making good the damage;
5.8.2 in replacing the goods by other similar goods to which the terms of this agreement shall apply; or
5.8.3 in compensating us for all loss which we suffer,
any deficiency being made up by you on demand;
5.9 Pay taxes
Keep the goods free of all liens and procedures for the taking control of goods and attachments and shall pay all taxes and impositions in respect of the goods and their sale under this agreement;
5.10 Other Charges
Pay any other charges referred to overleaf on demand;
5.11 Solvency
Not suffer an enforcement agent, pursuant to a judgment or order of the court, to enforce a warrant of control order or a warrant of delivery against any of your goods, nor permit a bankruptcy petition to be presented against you, nor enter into or attempt to enter into a composition with your creditors, nor call or allow to be called a meeting, whether formal or informal, of your creditors or any of them.
6. Conditions binding on us
We sell the goods subject to the terms implied by sections 12 (relating to our title to the Goods), 13 (relating to sale by description), 14 (relating to implied terms as to quality or fitness) and 15 (relating to sale by sample) of the Sale of Goods Act 1979.
7. Non-payment of insurance premiums
If you fail to pay any premium required to be paid in respect of insurance under clause 5.8 or any sum required to be paid under clause 5.9, we may pay such premium or sum on your behalf and you shall reimburse us on demand.
8. Overdue sums
Notwithstanding that you shall not allow any sum payable by you under this agreement to become overdue, you shall pay us on demand:
8.1 interest on any repayment under this agreement which is seven or more days overdue at the rate of interest stated overleaf on a day-to-day basis from their due date until the date of payment; and
8.2 the reasonable costs and expenses (including legal costs) incurred by us in enforcing our rights under this agreement.
9. Modification of the goods
If the goods shall become liable under any statutory enactment (whether local or public) to be altered or modified, you shall immediately make the required alterations or modifications at your own expense.
10. Termination by you
10.1 You may terminate this agreement at any time by giving us at least 30 days’ notice in writing and making payment of the sums stated in clause 12.
10.2 You are entitled to cancel the contract pursuant to Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 any time within the first 14 days of the relevant date of the identification of us taking possession of the goods on your behalf. The relevant date is the date of your agreement as you have instructed us to take possession of the goods from that date. Should you wish to terminate the contract in accordance with this clause, you can do so by contacting our customer services team in any of the ways set out in clause 10.3.
10.3 If you wish to exercise your right to end the contract in accordance with clause 10.2, please let us know by doing one of the following:
10.3.1 Phone or email. Call customer services on 0370 034 0110 or email us at customerservices@yescatalogue.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.3.2 Online. Complete the cancellation form on our website located here
10.3.3 By post. Print off the model cancellation form at the end of these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.4 If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Goods must be returned to us in brand new condition and unused in order to be eligible for a refund as per clause 10.2. You must either arrange for delivery of the goods to us at Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF or allow us to arrange for them to be collected from you at your cost. Please call our customer service team on 0370 034 0110 or email us at customerservices@yescatalogue.co.uk to arrange collection at your cost.
10.5 We will pay the costs of return:
10.5.1 if the goods are faulty or misdescribed; or
10.5.2 an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.6 If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
11. Our rights to end the contract
11.1 We may end our agreement at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the goods, for example, delivery details; or
11.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
11.2 If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for goods we have not supplied but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. Your liability on termination
If you or we terminate this agreement (except under clause 10.2 and subject to clause 11.2), you shall become liable to pay us a £20 re-stocking charge (in addition to all other sums (if any) in respect of which you shall be indebted to us under this agreement):
12.1 arrears of repayments accrued due up to the date of termination; and
12.2 the balance of the Total Amount Payable, less any discount for accelerated payment as we may reasonably allow.
13. Miscellaneous
You agree to notify us in writing within seven days of any change of your address. We may transfer our rights and obligations under this agreement provided that this does not adversely affect your rights. You may not transfer your rights or obligations under this agreement.
14. Guarantee
Before we enter into this agreement with you we may require your obligations under it to be guaranteed by a third party acceptable to us, in which event we shall invite you to suggest someone suitable. We shall not look to any security from you personally to cover this agreement.
15. Interpretation
15.1 Clause headings are for ease of reference only and shall not affect the interpretation of any provision.
15.2 In this agreement words in the singular shall include the plural number and words in one gender shall include the other genders.
15.3 This agreement shall be governed by, and construed in accordance with, English law.
16. Use of your personal data
Before entering into this agreement we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee. Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household. We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or charge of this agreement or of our interest in this agreement, their insurers or advisers. We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
