Terms & Conditions - canniant.com

1. These terms

1.1 What these terms cover. These are the terms and conditions on which you may use this website (the Site) and on which we supply products to you, whether these are goods, services or digital content.

1.2 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Site immediately. If you have any questions about the Site, please contact us by e-mail at [email protected].

1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.4 References in these Terms to the Site includes the following website: com, and all associated web pages.

1.5 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

– You are an individual.

– You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.6 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Using the site

2.1 You agree that you are solely responsible for:

– all costs and expenses you may incur in relation to your use of the Site; and

– keeping your password and other account details confidential.

2.2 We do not sell any products to anyone under the age of 18. By using this Site, you warrant that you are over the age of 18 and any provision of false information would constitute a breach of these Terms.

2.3 Items sold on the Site are exclusively intended for lawful purposes and for legal use. Any illegal or otherwise unlawful use of the products sold or displayed on the Site would constitute a breach of these Terms, and you are solely responsible for any consequences thereof.

2.4 The Site and the products advertised on it are intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.5 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected].

2.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3. Your privacy and personal information

3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

3.2 Our privacy policy is available here.

4. Ownership, use and intellectual property rights

4.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

4.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

4.3 Trade marks: CANNIANT and are our trademarks. Other trade marks and trade names may also be used on the Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

5. Accuracy of information and availability of the Site

5.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

5.2 We may suspend or terminate operation of the Site at any time as we see fit.

5.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

5.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

6. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

7. Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

(a) losses that:
(i) were not foreseeable to you and us when these Terms were formed; or
(ii) that were not caused by any breach on our part;

(b) business losses; and

8. Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

9. Sale of goods – our contract with you

9.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

9.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products or services you have ordered. This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or service, or because we are unable to meet a delivery deadline you have specified.

9.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

10. Our products

10.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. We have made every effort to display the colours of products accurately but we cannot guarantee that a device’s display accurately reflects the products.

10.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

11. Your rights to make changes

If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your order, the timing of supply or anything else we consider necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

12. Our rights to make changes

12.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of products ordered or the overall service provided to you.

12.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product, the services or these terms on our website, we may make more significant changes, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

13. Providing products or services

13.1 Delivery costs. The costs of delivery for products will be as displayed to you on our website prior to you completing your order.

13.2 When we will provide the products. We will deliver products you have ordered to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

13.3 When we will provide services. We will provide the services to you on the date(s) set out at the time of placing your order, or on the date(s) agreed with you during the order process.

13.4 We are not responsible for delays outside our control. If our supply of products or services is delayed by an event, or events, 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 such events, but if there is a risk of substantial delay (for example, the delay extends beyond 30 days after we have accepted your order) you may contact us to end the contract and receive a refund for any products you have paid for but not received.

13.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and products cannot be posted through your letterbox, our delivery partner will leave you a note informing you of where your products can be collected from or how to rearrange delivery.

13.6 If you do not re-arrange delivery. If you do not collect the products from a delivery partner 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 and clause 2 will apply.

13.7 When you become responsible for the goods. You become responsible for products ordered from the time the products are delivered to the address you gave to us.

13.8 When you own products. You own a product once we have received payment in full.

13.9 What will happen if you do not give us required information. We will need certain information from you so that we can supply products and/or services to you, for example, your name, your email address, your postal address etc. You are required to provide this information to us at the time of placing your order. If you do not give us this information at the time of placing your order (and continue to fail to do so after us after we have asked for it), or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 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 late supply or not supplying any part of them if this is caused by you not giving us the information we need.

13.10 Reasons we may delay the supply of products and/or services to you. We may have to delay or suspend the supply of products and/or services to:

(a) deal with technical problems or make minor technical changes;
(b) update the products and/or services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the products and/or services as requested by you or notified by us to you (see clause 12.).

13.11 Your rights if we delay the supply of products or services. We will contact you in advance to tell you we will be delaying supply of the products and/or services, unless the problem is urgent or an emergency. You may contact us to end the contract if the delay last longer than 30 days after we accept your order and, in that case, we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

14. Your rights to end the contract

14.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer. Further detail is set out below.

14.2 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.

14.3 If you have bought goods from us you have 14 days after the day you (or someone you nominate) receive delivery of the goods, unless your goods are split into several deliveries over different days in which case you have until 14 days after the day you (or someone you nominate) receive the last delivery.

14.4 However, your right as a consumer to change your mind does not apply in respect of:

(a) services, once these have been completed, even if the cancellation period is still running;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any products which become mixed inseparably with other items after their delivery.

14.5. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming significant change to the product or these terms which you do not agree to (see clause 2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed (i.e. over 30 days from the date of acceptance of your order) because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.

15. How to end the contract with us

15.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on 0208 207 5206 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form here 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.

15.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must post them back to us at Canniant Limited, 97 Mortimer Street, London, W1W 7SU. If you are exercising your right to change your mind you must send off the goods within 30 days of receipt if you wish to end the contract.

15.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming significant change to the product or these terms, an error in pricing or description, a significant 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 a consumer exercising your right to change your mind) you must pay the costs of return.

Once returned goods have been received your refund will be sent within 7 days

16. Refunds

16.1 Entitlement to refunds. You will only be entitled to a refund for the price you paid for the products (as well as delivery cost in the circumstances set out in paragraph 9.3) by the method you used for payment, in the following scenarios:

(a) you qualify for, and are able to exercise your right to change your mind under paragraph 2 (which for the avoidance of doubt will not apply to products made to your specification and other products, listed at 14.4);
(b) you are able to demonstrate that the products are faulty or misdescribed and you inform us of this within 30 days of delivery of those products;

16.2 If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

16.3 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

16.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

17. Our rights to end the contract

17.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your email address or postal address; or
(c) you do not, within a reasonable time, allow us or a delivery partner to deliver the products to you or collect them from us.

17.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.

18. Your rights in respect of defective products if you are a business

18.1 If you are a business customer we warrant that on delivery any products which are goods shall:

(a) conform with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.

18.2 Subject to clause 3, if:

(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

18.3 We will not be liable for a product’s failure to comply with the warranty in clause 1 if:

(a) you make any further use of such product after giving a notice in accordance with clause 12.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

18.4 Except as provided in this clause 18 we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 1.

18.5 These terms shall apply to any repaired or replacement products supplied by us under clause 2.

19. Price and payment

19.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on our website at the time of you placing your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.

19.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

19.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount (unless it should have been obvious to you at the time of placing your order that the price of the product was incorrect). If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

19.4 When you must pay and how you must pay. We accept payment with VISA, Mastercard and American Express or, if we agree, through direct bank transfer. You must pay for the products and services you order at the time of placing your order.

19.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

20. Our responsibility for loss or damage suffered by you if you are a consumer

20.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

20.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

20.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 21.

21. Our responsibility for loss or damage suffered by you if you are a business

21.1 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987.

21.2 Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

21.3 Subject to clause 1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount you have paid to us in respect of the goods or services to which our liability relates.

22. Other important terms

22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

22.2 Copyright subsisting in these Terms and Conditions. These Terms and Conditions and any original works contained on the Site are subject to copyright and are the property of Canniant Limited. Any unauthorised reproduction of all or part of these original works will be treated as a flagrant infringement and we reserve all of our rights in this regard.

22.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

22.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

22.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

23. Rights of third parties.

No one other than a party to these Terms has any right to enforce any of these Terms.

24. Variation

These Terms are dated 31 January 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 24. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

25. Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.