Consumer Terms and Conditions
CONDITIONS OF SALE
These Conditions of Sale govern the sale of products by Yale directly to the Buyer. For conditions relating to the sale by a third party to the Buyer please refer to the third party’s terms and conditions of sale. Yale offer a wide range of Yale Products and services, and sometimes additional conditions may apply.
Please read these conditions carefully before placing an order with Yale. By placing an order with Yale, the Buyer signifies their agreement to be bound by these conditions. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
In this document the following words shall have the following meanings:
“Buyer” means the person who buys Products from Yale;
“Conditions” means the terms and conditions of sale set out in this document and any additional terms and conditions agreed in writing by Yale;
“Delivery date” means the date specified by Yale when the Products are to be delivered;
“Products” means the articles to be supplied to the Buyer by Yale;
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
“Price” means the price set out in the list of prices of the Products maintained by Yale as amended from time to time and displayed on a Yale website or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by Yale or as may apply in accordance with these conditions;
“Yale” means Yalehome.co.uk
2.1 These conditions shall apply to all purchases of Products by the Buyer from Yale to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply.
2.2 All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Conditions.
2.3 The Buyer’s order is an offer to Yale to buy the product(s) in the order. Yale may acknowledge that it has received the Buyer’s order, but this does not confirm acceptance of your offer to buy the product(s) ordered. Yale only accepts the Buyer’s offer, and concludes the contract of sale for a product ordered by the Buyer, when it dispatches the product to the Buyer.
2.4 Acceptance of delivery of the Products shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by Yale.
2.5 Any advice, recommendation or representation given by Yale or its employees or agents to the Buyer as to the storage, application or use of the Products or otherwise which is not confirmed in writing by Yale is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, Yale shall not be liable for any such advice, recommendation or representation which is not so confirmed.
3. PRICE AND PAYMENT
3.1 All prices are inclusive of legally applicable VAT.
3.2 At the time the Yale website was last updated the Products were available. Yale endeavours to provide an accurate stockholding position at the time of purchase, however cannot be more specific about availability. Yale will inform the Buyer if any Products the Buyer orders are not available and the Buyer will not be charged for those products.
3.3 Purchase of the Products by the Buyer and passing of title in the goods to the Buyer is subject to payment in full of cleared funds by the Buyer to Yale even where the Products have been dispatched to the Buyer.
3.4 Where these have been extended to a Buyer, Yale reserves the right to grant, refuse restrict, cancel or alter credit terms at its sole discretion at any time.
3.5 Non- or failed-payment by the Buyer for any reason shall terminate the rights of the Buyer in respect of the relevant purchase for which payment has not been received and funds cleared.
3.6 When ordering Products from Yale for delivery outside of mainland UK, the Buyer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Buyer; Yale has no control over these charges.
3.7 Additionally, please note that when ordering from Yale, the Buyer is considered the importer of record and must comply with all laws and regulations of the country in which the Buyer is receiving the Products.
4. RIGHTS OF CANCELLATION
4.1 Under Consumer Regulations the Buyer has the right to cancel their order as long as the Buyer does so no later than 14 days after the day on which the Buyer receive the goods or service.
4.2 The Buyer must inform Yale that the Buyer wishes to cancel in writing either via Phone call to Customer services on 0845 2232128 or email to firstname.lastname@example.org within a period of 14 days beginning on the day after the day the Buyer receive the Products.
4.3 The Buyer must return the Products to Yale in accordance with the following instructions:
Yale offers a FREE RETURNS on all items within 14 days of your delivery date but you must follow our returns policy outlined below:
- Complete this Contact Form with your Yale Order Number in the subject line (Found on your email order receipt)
- All items must be returned in the same condition you received them in, along with the original packaging and all manuals and accessories. Damaged or used goods will not be accepted. Products must be returned to Yale within 14 days of the return being accepted.
- Once the return is accepted by Yale you will be sent a pre-paid label via email with a unique reference number unless advised otherwise. You must use this prepaid label so we can find your order once it arrives back to us (Yale will not accept any liability for any parcels returned without completing these steps).
- Please obtain proof of posting at the time of returning.
- There a few items we cannot refund:
a. Made to order items, such as cut keys for doors and safes.
b. Services such as Professional Installation, (in some cases installations can be cancelled if the work has NOT started, must be cancelled 2 working days before scheduled installation date).
4.4 If the Buyer return goods to Yale, Yale will not be responsible for any loss or damage to them during transit and it is recommended that the Buyer use a recorded or secure delivery method. If goods are lost or damaged in transit, Yale may charge the Buyer, or not refund to the Buyer, amounts that are attributable to the loss or damage.
4.6 On cancellation Yale will reimburse all payments received from the Buyer for the Products purchased and will also reimburse all reasonable delivery charges no later than 10 days from the day on which Yale receives the returned Products. Yale will use the same means of payment as the Buyer used for the initial transaction, unless expressly agreed otherwise.
4.7 The right of cancellation does not apply to:
· Products that are broken or damaged;
· Products made to the Buyer’s specifications or clearly personalized by the Buyer;
· Products that have been adapted by the Buyer or a third party on behalf of the Buyer in any way;
· Marks or numbers on the Products have been removed or tampered with;
· Where the Buyer has failed to comply with the terms of any end-user licence for the use of an app or software.
5.1 Unless otherwise agreed in writing, delivery of the Products shall take place at the address specified by the Buyer on the date specified by Yale. The Buyer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
5.2 The date of delivery specified by Yale is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
5.3 If Yale is unable to deliver the Products for reasons beyond its control, then Yale shall be entitled to place the Products in storage until such time as delivery may be made.
5.4 Yale shall be entitled to deliver the Products by instalments and where the Products are so delivered, each delivery shall constitute a separate contract and failure by Yale to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.
5.5 Notwithstanding that Yale may have delayed or failed to deliver the Products (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Products in full provided that delivery shall be tendered at any time within 3 months of the delivery date.
6.1 The Buyer is exclusively responsible for detailing the specification of the Products, for ascertaining the use to which they will be put and for determining their ability to function for that purpose.
6.2 The Buyer is required to test Products upon delivery and shall be deemed to have accepted the Products 14 days after delivery to the Buyer.
6.3 The Buyer shall not remove or otherwise interfere with the marks or numbers on the Products.
7. LEGAL GUARANTEE AND MANUFACTURER'S WARRANTY
7.1 Where the Products are found to be defective, Yale shall replace defective Products free of charge within the manufacturer’s warranty period or the Legal Guarantee, whichever provides the Buyer with the greater right, in accordance with the Legal Guarantee and Manufacturers Terms and Conditions.
8.1 Yale and its affiliates will not be responsible for (i) losses that were not caused by any breach on its part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both the Buyer and Yale when the contract for the sale of Products by Yale to the Buyer was formed.
8.2 Nothing in these conditions limits or excludes responsibility for fraudulent representations made by Yale or for death or personal injury caused by Yale’s negligence or wilful misconduct.
8.3 Yale will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control.
8.4 The limit of Yale’s liability for all loss or damage suffered by the Buyer shall not exceed the Price.
9. INTELLECTUAL PROPERTY
9.1 Where any Products supplied by Yale embody, include or contain software and/or apps and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on Yale’s part.
9.2 The buyer must follow the terms and conditions of any licence required to be accepted in order to fully utilise the Products.
10. FORCE MAJEURE
10.1 Yale shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Yale shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Yale considers unreasonable, it may without liability on its part, terminate the sale of the Product and reimburse the Buyer for the payments the Buyer has made.
11. FORCE MAJEURE
11.1 Unless specific terms and conditions apply the terms in this clause 11 will apply to all promotional or special offers made by Yale.
11.2 From time to time on www.yalehome.co.uk (the “website”) Yale may run promotions.
11.3 Only one promotion can be used per order. A promotion may not be used in combination with other promotions.
11.4 A Buyer is restricted to ordering no more than five (5) of the same Product during any promotional period and any further orders for the same product by the Buyer during the same promotional period may be refused, cancelled or withdrawn by Yale.
11.5 All promotions are subject to availability and while stocks last. Yale reserve the right to end a promotion at any time.
11.6 Yale shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability of a customer to take advantage of a promotion for any reason.
The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12.3. Entire Agreement
These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
12.4. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusion jurisdiction of the English courts.