Section 1 Your rights to end the contract
1.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
1.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see paragraph 4;
1.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 1.2;
1.1.3 If you have just changed your mind about the product, see paragraph 1.3 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
1.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see paragraph 1.7.
1.2 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 (e) 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:
1.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see paragraph 6.2 of our Terms and Conditions);
1.2.2 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;
1.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
1.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks or
1.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see paragraph 7.6 of our Terms and Conditions).
1.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
1.4 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of:
1.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
1.4.2 any products which become mixed inseparably with other items after their delivery.
1.5 How long do I have to change my mind? You will have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
1.6 Ending the contract where we are not at fault and there is no right to change your mind. E
ven if we are not at fault and you do not have a right to change your mind (see paragraph 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
Section 2 How to end the contract (including if you have changed your mind) and return products to us
2.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
2.1.1 Phone or email. Call our customer services using the details set out in paragraph 2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
2.1.2 By post. Print off the online form 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.
2.2 Returning products (other than GROHE Blue CO2 bottles) 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 return them to us. You must either post them back to us FAO Frank Knoll at Grohe AG, Industriepark Edelburg, 58675, Hemer, Germany. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
2.3 Returning GROHE Blue CO2 bottles after ending the contract.
If you have purchased and wish to return GROHE Blue CO2 bottles, please call our customer service team on 0871 200 3414, between 8.30 am to 5 pm Monday – Wednesday or between 8.30 am to 4 pm on Thursday and Friday, and they will assist with the return.
2.4 When we will pay the costs of return.
We will pay the costs of return:
2.4.1 if the products are faulty upon receipt or misdescribed;
2.4.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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.
2.5 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
2.5.1 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
2.5.2 The maximum refund for delivery costs (if applicable) will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. 2.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from: (a) the day on which we receive the product back from you; or, if earlier, (b) the day on which we receive evidence you have sent the product back to us. For information about how to return a product to us, see paragraph 2.2
Section 3 Our rights to end the contract
3.1 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:
3.1.1 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, delivery address or other required information to enable delivery of your product; or
3.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
3.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in paragraph 3.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Section 4 If there is a problem with the product
4.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact our customer service team on the details listed under paragraph 2 of our Terms and Conditions.
4.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights - see also paragraph 1.4. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
4.3 Our manufacturer’s warranty.
Our products come with a manufacturer's guarantee, the type of which will be dependent on the product you have bought. For details, please refer to the guarantee page on our website. Please note, our guarantee is subject to certain limitations and exclusions, details of which can be found within the relevant guarantee’s terms and conditions. Our guarantee is in addition to, and does not affect, your legal rights in relation to any products that are faulty or not as described.
4.4 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must post them back to us in accordance with paragraph 2.
Section 5 Price and payment
5.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 5.3 for what happens if we discover an error in the price of the product you order.
5.2 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.
5.3 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. 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
5.4 When you must pay and how you must pay.
We accept payment via Paypal and credit card (Visa and Master Card). You must pay for the products before we dispatch them. We will not charge your Paypal account, credit or debit card until we dispatch the products to you.
5.5 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Section 6 Our responsibility for loss or damage suffered by you
6.1 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.
6.2 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 as summarised at paragraph 4.2; and for defective products under the Consumer Protection Act 1987
6.3 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Section 7 How we may use your personal information
We will only use your personal information as set out in our Data Privacy Disclaimer
Section 8 Other important terms
8.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
8.2 You need our consent to transfer your rights to someone else (except that you can always transfer our manufacturer’s guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at paragraph 4.3 to a person who has acquired the product, though we may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product - for example, by providing proof of purchase.
8.3 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, except as explained in paragraph 8.2 in respect of our guarantee. 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.
8.4 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.
8.5 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.
8.6 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 live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
8.7 Online Dispute Resolution.
The European Commission provides a platform for online dispute resolution, which is accessible at http://ec.europa.eu/consumers/odr/. You can use this platform to make a complaint against us where you have bought products from us online. Please note that we will not participate in a dispute settlement procedure before a consumer conciliation body.
(Complete and return this form only if you wish to withdraw from the contract)
To Grohe Limited of World Business Centre 2, Newall Road, London Heathrow Airport, Hounslow, Middlesex, TW6 2SF, tel: 0208 283 2840, email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods : ________________________________________________________________________
Ordered on [*]/received on [*]: ________________________________________________
Name of consumer(s): ______________________________________________________
Address of consumer(s):_____________________________________________________
Signature of consumer(s) (only if this form is notified on paper): ______________________
[*] Delete as appropriate © Crown copyright 2013.