1. These Terms
These are the terms and conditions on which we supply products and digital content to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and digital content 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.
2. Information about us and how to contact us
We are iCare Incorporated a company registered in Northern Ireland. Our company registration number is NI609582 and our registered office is at Manor House Gate Lodge, 3 Ballyards Road, Milford, Co. Armagh, BT60 3JH. We are a registered charity. Our charity registration number is 102376. You can contact us by telephoning our customer service team at 02837524111 or by writing to us at email@example.com. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1 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. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
3.2 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.
3.3 We will provide you with an information form after you place your order. We cannot fulfil your order without the information set out in this form therefore please arrange for it to be completed and returned to us as soon as possible after receipt.
4. Our Products
4.1 The images of the products on our website are for illustrative purposes only. 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 products. Your product may vary slightly from those images.
4.2 If your product is personalised, we will rely on the information you provide during the order process in order to finalise your order, take payment and arrange delivery. You shall be solely responsible for ensuring that the names, addresses, and other information provided is correct.
5. Your right to make changes
If you wish to make a change to the product you have ordered 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 the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. Our right to make changes
We may change the product to implement minor technical adjustments and improvements. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the products
7.1 The costs of delivery will be as displayed to you on our website. We will let you know during the order process when we will provide the products to you.
7.2 If our supply of the products 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 products you have paid for but not received.
7.3 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
7.3.1 we have refused to deliver the goods;
7.3.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.3.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.4 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.3, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.5 A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. You own a product which is goods once we have received payment in full and the product has been delivered to you.
7.6 We may have to suspend the supply of a product to:
7.6.1 deal with technical problems or make minor technical changes;
7.6.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.6.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.7 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. Your rights to end the contract
8.1 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 and when you decide to end the contract:
8.1.1 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 a service re-performed or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. 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;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 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:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
8.2.2 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;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 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 3 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.3).
8.3 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.
8.4 You do not have a right to change your mind in respect of:
8.4.1 personalised products or digital content, where we have commenced work on your order;
8.4.2 digital products after you have started to download or stream these;
8.4.3 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
8.4.4 any products which become mixed inseparably with other items after their delivery.
8.5 How long you have to change your mind depends on what you have ordered and how it is delivered.
8.5.1 Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.5.2 Have you bought goods? if so you 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.
8.6 Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed 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 reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
To end the contract with us, please let us know by calling customer services on 02837524111 or emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. 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. We will make any refunds due to you within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract for a product at any time by writing to you if:
10.1.1 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, the information set out in our information form (as described in clause 3.3); or
10.1.2 you do not, within a reasonable time, allow us to deliver the products or digital content to you.
10.2 If we end the contract in the situations set out in clause 10.1 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.
11. If there is a problem with the product
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02837524111 or write to us at email@example.com.
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. 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.
If your product is goods, for example furniture or a laptop, 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.
See also clause 8.3.
a) If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you're entitled to a repair or a replacement.
c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
11.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02837524111 or email us at firstname.lastname@example.org for a return label or to arrange collection.
12. Price and payment
12.1 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 clause 12.2 for what happens if we discover an error in the price of the product you order. 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.
12.2 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.
12.3 We accept payment with all valid debit/credit cards. You must pay for the products when placing your order (before we dispatch them).
13. Data Protection
- Your name (and the name of the child (or children) if the product/digital content you are ordering is personalised)
- Your postal address (and the postal address of the child (or children) (if different from your postal address) if the product/ digital content you are ordering is personalised)
- Email address and other contact information (and the contact information of the child (or children) (if different from your contact information) if the product/service/digital content you are ordering is personalised)
- Product personalisation details such as a photograph/image of the child (if the product/digital content you are ordering is personalised)
13.4 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
13.4.1 Where we need to perform the contract we are about to enter into or have entered into with you, particularly a contract for personalised products or digital content.
13.4.2 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
13.4.3 Where we need to comply with a legal obligation.
13.5 We will not sell any of the above data to any third party. We will not disclose your personal data to third parties unless you have consented to this disclosure or unless such disclosure is required by our agents or contractors in the course of providing products and digital content to you.
13.6 We will only disclose your personal data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
13.7 We take our security responsibilities very seriously and employ appropriate physical and technical security measures to protect your personal data. We will take all reasonable precautions to prevent the loss, misuse or alteration of any personal data you volunteer.
13.8 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
13.9 To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
13.10 You can contact us at any time to request details of the personal data we have stored about you. Please write to us at email@example.com or call us on 02837524111 should you wish to obtain this information. You have the right to request a copy of the personal data we hold in relation to you however please note that we cannot provide you with information that you have not personally submitted to us.
14. Governing Law
These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products/digital content in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the products/digital content in either the Scottish or the Northern Irish courts. If you live in England you can bring legal proceedings in respect of the products/digital content in either the Northern Irish or the English courts