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Webstore Terms and Conditions

1. INTRODUCTION

1.1. These terms and conditions (the “Webstore Terms”) govern your use of randallsshop.co.uk (the “Webstore”), which is property of Randalls Limited.

 

1.2. By using the Webstore, you accept and agree to the Webstore Terms.

 

1.3. We reserve the right to change the Webstore Terms at any time without notification to you. You are responsible for checking the Webstore Terms at such times as you see fit. By continuing to use the Webstore, you shall accept and agree the Webstore Terms as amended from time to time.

 

1.4. References in the Webstore Terms to “us” and “we” means a reference to Randalls Limited.

 

1.5. In the Webstore Terms, words importing the singular number shall include the plural number and vice versa.

 

2. ACCOUNT

2.1. You must register an account with us in order to place an order with us using the Webstore.

 

2.2. Accounts can be registered by clicking the “Login” link in the Webstore and following the process set out therein. You must provide your name, your address, an email address (for an email account you control) and a username and password in order to register an account.

 

2.3. You must not disclose your username or your password to any other person. You must notify us immediately if you know or suspect that another person knows your username or your password or if your account has or may be used without your permission.

 

2.4. You must not register or attempt to register an account with us (using the Webstore or otherwise) or otherwise order or attempt to order anything from the Webstore if you are aged less than 18 years old. You must not order or attempt to order anything from the Webstore on behalf of any person aged less than 18 years old. We reserve the right to reject any order made through the Webstore unless we are satisfied (acting in our sole and absolute discretion) that the person making the order is over 18 and is not purchasing the items comprising the order on behalf of a person who is under the age of 18.

 

2.5. We reserve the right to suspend or cancel your account in the following circumstances: (i) if you fail to comply with the Webstore Terms; or (ii) at any time in our sole discretion, acting reasonably.

 

3. DATA PROTECTION, SECURITY AND PRIVACY

3.1. Your use of the Webstore and the Webstore Terms are subject to our Privacy Policy, which can be found here and which forms part of the Webstore Terms.

 

3.2. Without prejudice to the terms of the Privacy Policy, the types of categories of data that we, as a data controller under the Data Protection (Jersey) Law 2018 and the General Data Protection Regulation (EU) 2016/679 shall be required to collect for the purpose of the registration of your account, accepting any Orders you make, delivering any Orders to you and otherwise dealing with your Orders or your account shall be:

   3.2.1. your name;
   3.2.2. your residential or business address;
   3.2.3. any delivery address (if different from your residential or business address);
   3.2.4. your email address;
   3.2.5. a telephone number;
   3.2.6. your age; and
   3.2.7. details of any payment methods you use when purchasing Products.

 

3.3. Following the expiry of one year from the date of the last transaction on your account, we shall delete your account with the Webstore. Any personal information we hold in relation to your account shall be stored by us for up to 6 years from the date of the last transaction on your account.

 

3.4. Any information you send to us through the Webstore which does not fall within the scope of Clause 3.2 or is otherwise not provided for under the Privacy Policy shall be treated as our property and shall not be regarded as confidential. We shall be free to make use of such information as we see fit.

 

3.5. Your personal information may be used for marketing purposes, from which you can unsubscribe at any time.

 

4. PRODUCT RANGE

4.1. In the Website Terms, “Products” are the goods that are available for purchase from us through the Webstore from time to time. You may browse Products listed on the Webstore from time to time without having registered an account with us.

 

4.2. Products in the Webstore are subject to availability and may be withdrawn from the Webstore at any time without notification. The Products listed in the Webstore must be treated as indicative only as to the Products that are available to purchase from us from time to time. If you place an order through the Webstore and any of the Products you have ordered prove to be unavailable, then we will contact you as soon as practicable by email or telephone.

 

4.3. The prices of all Products listed in the Webstore from time to time are quoted with Jersey duty paid / delivered and are inclusive of GST. All prices referred to in the Webstore are subject to change without notification.

 

5. ORDERS

5.1. Orders for Products (“Orders”) are placed with us by completing the checkout process (“Checkout”) in the Webstore. We reserve the right to not accept any Order placed with us that has an aggregate purchase price of less than £75.00. If we do not accept your Order then we will notify you by email.

 

5.2. You may not place an Order with us using the Webstore unless you have first registered an account with us.

 

5.3. You must review your Order before completing Checkout to ensure that it contains only the Products that you wish to purchase from us. You will be provided with an opportunity to review your Order prior to completing Checkout.

 

5.4. You may use credit or debit card (we accept most major card service providers, but we reserve the right not to accept or to discontinue the acceptance of any particular card service provider from time to time) to pay for your Order through the Webstore. The Webstore uses an external payment gateway service provided by SagePay to process payments for Orders placed in the Webstore. The details we require in relation to your payment method will be requested during the course of Checkout and will be stored by SagePay for the purpose of processing payments. We and SagePay have each taken steps to ensure that our respective systems and transfers of data are compliant with applicable data protection legislation.

 

5.5. You will receive an email notification from us following your completion of Checkout confirming (without limitation) the unique order number we assign to your Order (the “Order Number”), the Products contained in your order, the delivery details you have specified, the price you have paid for the Order including any taxes and a link to the Webstore Terms. If there are any problems with your Order then you must contact us as soon as possible.

 

5.6. We reserve the right to refuse acceptance of any Order, including (without limitation) where payment is not received in full or we are unable to accept or authorise payment in full for any reason, where the Products are out of stock or unavailable for any reason or where there is any error in relation to the description or price of the Products on the Webstore.

 

5.7. For the avoidance of doubt, Products remain our property until we have received payment in full.

 

6. DELIVERIES

6.1. Your contract with us for the purchase of the Products contained in your Order shall be formed when we despatch your Order to you.

 

6.2. We will endeavour to deliver Orders received before 2.00pm (excluding Saturday, Sundays and public holidays) on the next working day, subject to any delays or unforeseen circumstances arising (in which case we will contact you by email or telephone). Orders that are placed on a Sunday or a public holiday shall be deemed to have been placed for delivery on the next working day. All Orders may only be delivered to addresses in Jersey. Orders shall not be subject to additional delivery or re-delivery charges.

 

6.3. We shall deliver Orders between 8:00am and 15:00pm from Mondays to Fridays. Subject to Clauses 6.4, 11.9 and 11.10, you will be required to sign for your delivery to confirm you have received it. Orders may not be signed for by a person unless they are at least 18 years old. We reserve the right to not deliver an Order and/or to cancel an Order unless we are satisfied (acting in our sole and absolute discretion) that the person signing for delivery pursuant to this Clause 6.3 is over 18 years of age and is not accepting the Order on behalf of a person who is under 18 years of age. We accept no liability or responsibility if a delivery cannot be made because no person of at least 18 years of age is available to sign for delivery (unless alternative delivery arrangements have been agreed by us pursuant to Clause 6.4 or Clauses 11.9 and/or 11.10 apply in relation to the Order).

 

6.4. Notwithstanding any other provisions of the Webstore Terms (save for Clauses 11.9 and 11.10, to which this Clause 6.4 is subject), we reserve the right to agree such alternative delivery arrangements with you as we may, in our sole and absolute discretion, determine to be appropriate on a case by case basis. Should you wish to make alternative delivery arrangements in relation to an Order then you must contact us prior to or immediately following the completion of Checkout. By using the Webstore, you acknowledge that we are not bound to agree to any alternative delivery arrangements.

 

6.5. Should any difficulties arise in delivering your Order then we will contact you by telephone. If nobody is present to sign for the delivery of your Order, or the delivery could not be made in accordance with any alternative delivery arrangements agreed by us pursuant to Clause 6.4 or in accordance with Clauses 11.9 and 11.10 (as applicable), then our delivery driver will take the Order away, leave written notification of our attempt to make the delivery at that address and we will contact you to arrange a further delivery. We reserve the right to cancel any Order where at least one attempted delivery has been made and we are unable to agree arrangements with you for a further delivery. The Webstore Terms shall not be treated as a guarantee of delivery times and, although we will endeavour to keep you updated, by placing an Order through the Webstore you accept that the delivery time of your Order may be subject to change.

 

6.6. If you find that a Product you have ordered is damaged, faulty or tampered with when it is delivered to you (a “Faulty Product”) then you must notify us by telephone or email as soon as possible and provide details of such damage, fault or tampering. We will then make arrangements with you to collect the Faulty Product.

 

6.7. We reserve the right to inspect a Faulty Product following our collection or receipt of it.

 

6.8. If we determine that any damage, fault or tampering affecting a Faulty Product occurred before it was delivered to you then we will deliver a replacement Product to you within 5 working days, subject to availability. If it is not possible to supply a replacement within that period then we will contact you to determine whether:

   6.8.1. you wish to wait until a replacement Product can be supplied to you and, if so, the period in which you are willing to wait; or
   6.8.2. you wish for the purchase price of the Faulty Product to be credited back to the payment method used, in which case we will credit this amount back to your payment method accordingly (we cannot effect reimbursement for a Faulty Product to any source other than the payment method used when the relevant Order was placed).

 

6.9. If we determine that any damage, fault or tampering affecting a Faulty Product occurred after it was delivered to you, or that there is no damage, fault or tampering, then we will notify you by email and return the Faulty Product to you. In such circumstances we shall retain the payment made to us for the Faulty Product, for the avoidance of doubt.

 

7. RETURNS

7.1. Subject to the Webstore Terms, you may return any Product you have ordered from the Webstore for any reason up to 14 days from your receipt of that Product.

 

7.2. In the event that you wish to return a Product, you must:

   7.2.1. arrange for the delivery of the Product, contained in the original delivery packing, to Clare House, Clare Street, St Helier, Jersey JE2 3XE; and
   7.2.2. send an email to orders@randalls.je confirming which Product you are returning and which Order (including the Order Number) the Product relates to.

 

7.3. You are responsible for any costs or expenses incurred in returning any Product to us.

 

7.4. We reserve the right to refuse to accept the return of any Product if it has been damaged or tampered with in any way following delivery and/or if we do not receive the Product and the email referred to in Clause 7.2 within 14 days of your receipt of that Product

 

7.5. We will notify you by email in the event that we accept a Product you have returned. If payment in respect of that Product has been received then we will credit the purchase price of the Product back to the payment method used. We cannot effect reimbursement for a returned Product to any source other than the payment method used when the relevant Order was placed.

 

7.6. For the avoidance of doubt, the foregoing provisions of this Clause 7 are subject to any applicable laws or regulations.

 

8. CANCELLATIONS

8.1. Subject to the Webstore Terms, you may cancel your Order at any time prior to the Order being despatched by us for delivery.

 

8.2. To cancel your Order, you must send an email to orders@randalls.je requesting that your Order be cancelled. You must provide your full name and the Order Number in respect of the Order for the cancellation to be processed.

 

8.3. We reserve the right to refuse to accept a request to cancel an Order that is received by us after we have despatched that Order.

 

8.4. We will notify you by email or telephone in the event that we accept your request to cancel an Order or if we determine to cancel an Order pursuant to Clause 6.5. If payment in respect of the Order has been received then we will credit it back to the payment method used. We cannot effect reimbursement for a cancelled Order to any source other than the payment method used when the Order was placed.

 

8.5. For the avoidance of doubt, the foregoing provisions of this Clause 8 are subject to any applicable laws or regulations.

 

9. USE OF WEBSTORE

9.1. Your use of any information, materials or intellectual property of any kind contained on the Webstore is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Webstore meet your specific requirements.

 

9.2. You may print and/or download the Webstore (or part thereof) for your own use provided always that:

   9.2.1. no documents or graphics in the Webstore are altered in any way;
   9.2.2. no graphics in the Webstore are used separately from any text relating thereto; and
   9.2.3. our copyright and trade mark notices and this permission notice are displayed in all copies

 

9.3. The Webstore contains material which is owned by us or is licensed to us for our use. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproducing or storing the Webstore (or any part thereof) in any other website, or including the Webstore (or any part thereof) in any public or private electronic retrieval system or service, is prohibited without our prior written consent other than:

   9.3.1. in accordance with the copyright notice, which can be found here and which applies to and form part of the Webstore Terms; or
   9.3.2. with our prior written consent.

 

9.4. All trademarks reproduced in the Webstore, which are not the property of or licensed to the operator, are acknowledged on the Webstore.

 

9.5. Unauthorised use of the Webstore may give rise to a claim for damages and/or be a criminal offence.

 

9.6. You must to send to or from the Webstore any data, material or information:

   9.6.1. which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
   9.6.2. which would or may cause damage to the Webstore, any user of the Webstore or us;
   9.6.3. for which you do not hold any necessary consent or licence; or
   9.6.4. the sending of which would constitute a criminal offence, result in any form of civil liability or otherwise contravene any law anywhere in the world or breach any rights of any person wheresoever resident.

 

9.7. We will co-operate to the fullest extent permitted by law with any investigation by or request for assistance from a competent authority relating to a breach of Clause 9.6.

 

10. EXTERNAL LINKS

10.1. From time to time the Webstore may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

10.2. You may not create a link to the Webstore from another website or document without our prior consent. In the event that we consent to such link, you must not reproduce the home page of the Webstore and you must comply with the following:

   10.2.1. you must not remove our logo or alter its appearance in any way;
   10.2.2. no frame, border or browser environment may be imposed on or used in relation to the Webstore;
   10.2.3. you must not state or imply that:
      10.2.3.1. we endorse your website or any products or services that might be made available thereon or otherwise by you;
      10.2.3.2. you have any relationship with us other than as a customer of the Webstore (unless we have granted our prior agreement otherwise);
   10.2.4. you must not publish or otherwise make available any false or misleading information relating to us or the Webstore;
   10.2.5. you must not link to the Webstore from a website that is not owned by you; and
   10.2.6. the website you link to the Webstore must not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

 

11. DISCLAIMER AND LIABILITY

11.1. The content of the Webstore is for your general information and use only. It is subject to change without notice.

 

11.2. Notwithstanding any other provisions of the Website Terms, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Webstore for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Without prejudice to the generality of the foregoing, we accept no liability for any errors relating to descriptions, prices and/or availability of Products listed on the website.

 

11.3. We give no assurance or warranty that the Webstore will operate without error or that the Webstore and/or any server required for its operation are free of harmful or damaging software of any kind. We bear no liability for any damage or loss caused to your hardware or software resulting from your use of the Webstore.

 

11.4. We accept no liability for loss arising from the cancellation of any Order or the return of any Products.

 

11.5. To the fullest extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Webstore. Nothing in the Webstore Terms shall exclude or limit our liability for:

   11.5.1. death or personal injury caused by negligence;
   11.5.2. fraud;
   11.5.3. misrepresentation as to a fundamental matter; or
   11.5.4. any liability which cannot be excluded or limited under applicable law.

 

11.6. Save as expressly provided for in the Webstore Terms, all our rights are reserved.

 

11.7. We, on behalf of ourselves, any other party (whether or not having any connection to the creation or maintenance of the Webstore), and any of our group companies and the officers, directors, shareholders, employees and agents of us or our group companies or any of the foregoing, exclude all liability and responsibility for any and all loss or damage (of whatever value or type, including (without limitation) any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) that is or may be suffered by you or any other person in connection with:

   11.7.1. the Webstore in any way;
   11.7.2. the use, inability to use or the results of using the Webstore; and/or
   11.7.3. any websites linked to the Webstore or the material on such websites;
including but not limited to any loss or damage due to viruses that may infect your hardware, software, data or other property as a result of your access to, use of, or browsing the Webstore or your downloading of any material from the Webstore or any websites linked to the Webstore.

 

11.8. By using the Webstore, you agree to fully indemnify us, our group companies and the officers, directors, shareholders, employees and agents of us and our group companies and each of foregoing in respect of any claim, liability, damage, loss or costs (including reasonable legal fees) we incur or otherwise arising as a consequence of your use of the Website or the use of the Website by any other person using your account or any breach by you or any such other person of the Webstore Terms.

 

11.9. In the event of any public health emergency (including, without limitation, the COVID-19 pandemic), all deliveries will be subject to the terms of this Clause 11.9 and to Clause 11.10. When we deliver an Order during such a public health emergency, our delivery driver will place the Order at your front door, knock at the front door (or otherwise contact you to make you aware that your Order is being delivered) and then step back a safe distance in accordance with any applicable rules or guidance relating to social distancing. You, or a person authorised by you and being at least 18 years of age, must answer the door and provide confirmation that you accept the delivery of the Order. Our staff will not come into contact with you and will not enter your premises. If no appropriate person answers the door to confirm acceptance of the delivery then Clause 6.5 shall apply accordingly. We reserve the right to not complete the delivery of an Order and/or to cancel an Order unless we are satisfied (acting in our sole and absolute discretion) that the person accepting the delivery is over 18 years of age and that that person is not accepting the Order on behalf of a person who is under 18 years of age.

 

11.10. In the event of any public health emergency (including, without limitation, the COVID-19 pandemic), we reserve the right to agree such alternative delivery arrangements with you as we may, in our sole and absolute discretion, determine to be appropriate on a case by case basis having regard to the circumstances and any applicable rules or guidance relating to social distancing. Should you wish to make alternative delivery arrangements in relation to an Order then you must contact us prior to or immediately following the completion of Checkout. By using the Webstore, you acknowledge that we are not bound to agree to any alternative delivery arrangements.

 

11.11. In the event of any public health emergency (including, without limitation, the COVID-19 pandemic), if you contact us to collect a Faulty Product pursuant to Clause 6.6 then we will agree arrangements with you to collect the Faulty Product from outside of your front door or otherwise outside of your premises. If we return a Faulty Product to you pursuant to Clause 6.9 then we will agree arrangements with you to leave the Faulty Product outside of your front door or otherwise outside of your premises. Our staff will not come into contact with you and will not enter your premises.

 

12. CONTACT

12.1. Should you require any further guidance or assistance, please email us at orders@randalls.je and a member of our team will contact you to assist.

 

13. GOVERNING LAW

13.1. The Webstore Terms are governed by and shall be construed in accordance with the law of the Island of Jersey.

13.2. By using the Webstore, you irrevocably submit to the non-exclusive jurisdiction of the Courts of the Island of Jersey in relation to any dispute or claim arising from or in connection with the Webstore.