TERMS OF SALE ON FLYMO E-STORE
1. INTRODUCTION
1.1. These Terms of Sale on the Flymo e-Store (the "Terms") set out the specific terms and conditions applicable to the supply of products, including accessories and spare parts, ("Products") ordered by consumers ("You") from the Flymo e-Store (www.flymo.com) (the "e-Store") for ordering and delivery in the United Kingdom. Additional Product and warranty information (including Product specifications) can be found on the e-Store's Product page(s). 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.
1.2. The e-Store is a site owned by Gardena Manufacturing GmbH (trading as Flymo), with its registered office at Hans-Lorenser-Str. 40, 89079 Ulm, Germany ("Flymo", “we” or “us”, as applicable). The VAT number for Gardena Manufacturing GmbH is GB 269 2391 73.
1.3. You can contact us by emailing or telephoning one of our customer service teams. For questions about Your order on the e-Store, please email us at webshop@flymo.com or call us on 0344 801 3653. For general enquiries and Product support please email us at customer.services@husqvarnagroup.co.uk or call us on 0344 844 4558.
1.4. You are encouraged to carefully read these Terms before You order Products. By ticking the "I agree" box in the checkout process and submitting the order through the e-Store, You accept and agree to be bound by these Terms. Flymo reserves the right to amend the Terms at any time without notice by way of Flymo posting a new version of these Terms on the e-Store. Such change will however have no effect on orders that were submitted prior to the amended Terms being notified on the e-Store. Other terms available on the e-Store, such as the general website Terms and Conditions of Use as well as the Privacy Policy and Cookie Policy are also applicable to Your use of the e-Store. We recommend that You keep a copy of these Terms in a safe place.
1.5. By accepting these Terms You confirm that You are at least 18 years of age.
2. ORDERING PRODUCTS
2.1. Products are ordered and the contract for the purchase of Products is concluded in accordance with the following process:
2.1.1.After selecting the Products, You place the order by proceeding to the e-Store checkout. You will be guided through the checkout process by a series of instructions on the e-Store. You agree that Your order is an offer to buy, under these Terms, the Products listed in Your order and there is no binding contract between You and Flymo until the order is accepted by Flymo. Whilst Flymo endeavours to supply all ordered Products, note that Flymo is free not to accept Your order for any reason, including where Products are no longer available.
2.1.2.In placing the order, You will be requested to provide information relating to You and Your order, such as contact details, delivery address and information relating to the selected payment method (e.g. credit card number)..
2.1.3.Following the placing of Your order, You will receive an order acceptance email, which details the Products You have ordered. At this point, a contract will come into existence between You and us. Please store Your order number and date for future references.
2.1.4.Once Your order has been processed and accepted by Flymo and Your Product is ready to be shipped, Flymo will send You a notice of dispatch by email, text or phone call. If a Product that You have ordered is not in stock, Flymo will contact You so that You can cancel the order. If the quantity of Products that you have ordered is partially not in stock, we will deliver the Product(s) in the quantity available and we will cancel the remaining part of the order. If we are unable to accept Your order (in full or in part), we will inform You of this by telephone or in writing and will not charge You for the Product. As mentioned, this might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for You does not meet our minimum requirements, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline You have specified.
2.2. 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.
2.3. The e-Store is solely for the promotion of our Products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
2.4. The images of the Products on the e-Store 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. The packaging of the Product may vary from that shown in images on the e-Store.
2.5. 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.
3. DELIVERY
3.1. Flymo will arrange for shipment of the Products to You by using the shipment option selected by You in the checkout process. Delivery will be carried out by Flymo's sub-contractors (e.g. our transportation partners) and You acknowledge that You may receive information about the delivery of the Products directly from such sub-contractors. The costs of delivery will be as displayed to You on the e-Store.
3.2. During the order process we will let You know when we will provide the Products to You. We will deliver the Products to You as soon as reasonably possible and in any event within 30 days after the day on which we accept Your order. If the Products are not available within these estimated delivery times Flymo will let You know through the contact information You provided. If Products are not available in the ordered quantity, we will provide you with such lower quantity and we will cancel the remaining ordered quantity. We will inform You of such lower quantity by telephone or in writing and you may cancel the order in its entirety in accordance with section 5.1.
3.3. The delivery will be completed when Flymo delivers the Products to the address You specified during the order process. If no one is available at the address to take delivery, reasonable measures will be used to try and effect delivery. You acknowledge that You may receive information about rearranging delivery or collection of the Products directly from our sub-contractors (i.e. our transportation partners).You accept to reimburse Flymo for any additional shipment/handling costs caused as a consequence of Your failure to take delivery in accordance with the agreed terms for delivery. If You do not re-arrange delivery or collect them from a delivery depot we will contact You for further instructions and we 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.
4. PRICES, DELIVERY COSTS AND PAYMENT
4.1. The prices applicable to the ordered Products are specified on the e-Store, as confirmed in the order confirmation. All prices on the e-Store are displayed in GBP, inclusive of VAT (where applicable) but exclusive of charges for shipping and handling (these will be added to Your merchandise and itemised before You agree on these Terms).
4.2. Although Flymo tries to ensure that all prices on the e-Store are accurate, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). If Flymo discovers an error in the price of Products You have ordered, Flymo will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it.
4.3. 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.
4.4. Available payment methods are presented for Your selection on the e-Store in the checkout process. Your credit or debit card will be charged and the bank transfer will be effected, respectively, upon acceptance of Your order. The Products will be dispatched once the credit/debit card has been charged or the payment has been received (respectively).
4.5. By submitting an order through the e-Store, You are confirming that the payment details provided on Your order are valid and correct and that You are authorised to use the credit or debit card for the payment.
4.6. A Product will be Your responsibility from the time we deliver the Product to the address You gave us, or to a carrier organised by You, or when You collect it from our sub-contractor (i.e. our transportation partners)..
4.7. You own a Product once we have received payment in full.
5. RIGHT OF WITHDRAWAL
5.1. You have the right, without giving any reasons, to withdraw Your order at any time up until 14 days from the receipt of the Product by You or someone You nominate. To exercise the right of withdrawal, You must inform us of Your decision to withdraw by making a clear statement in writing (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form provided in Schedule 1, but it is not obligatory. To comply with the time limit it is sufficient to send the withdrawal notice to Flymo no later than the 14th day following Your receipt of the Product. Please return the Product within 14 days and enclose a copy of Your order confirmation document (received via email following Your purchase). Please find further information regarding returns on the e-Store.
5.2. Your payment for the Product will promptly, at the latest within 14 days from receipt of Your notice of withdrawal, be repaid by Flymo.
5.3. If You end the contract for any reason after a Product has been dispatched to You or You have received it, You must return it to us. You must return the Product in person to where You bought it, or post it back to us at
Sims Group UK Limited
Blue House Point Road
Stockton-On-Tees
Durham
TS18 2PW
United Kingdom.
Please call customer services on 0344 801 3653 or email us at webshop@flymo.com. if You have any questions about the return of the Product. If You are exercising Your right to change Your mind You must send off the Products within 14 days of telling us You wish to end the contract.
5.4. Flymo will, however, not reimburse Your delivery costs for returning the Product. Additional information on returns are found in the return guidelines and under the FAQs on the e-Store. Wherever possible, all Products should be returned in their original packaging but, if this is not possible, You must make sure that You pack them securely for forward transit.
5.5. If there is a loss in value to any of the returned Products, and this loss is the result of use of the Product other than what is required for inspection of the Product, Flymo may make a deduction from any reimbursement or refund made to You.
6. INSPECTION, INSTALLATION AND USE
6.1. Upon taking delivery of the Product, You are encouraged to inspect each Product as to verify whether there are any damage caused to the Product during shipment or obvious defects in the Product. Any such damages or defects should be notified to Flymo without delay on the address or email specified in section 1.3.
6.2. You are responsible for the proper installation and use of all Products that You have purchased on the e-Store. For proper guidance, always read any instructions on the package for the Products and the relevant Flymo user/product manual and installation guide.
6.3. Spare parts and accessories that You have purchased on the e-Store must always be installed and used in accordance with the relevant user manual and installation guide for the Product into which You intend to install and use the spare parts/accessories.
7. WARRANTIES AND STATUTORY CONSUMER RIGHTS
7.1. Warranties
7.1.1.Products are provided with a 24 month manufacturer warranty in accordance with the terms and conditions of the warranty card which accompanieseach Product, unless Flymo has agreed to an extended warranty in writing.
7.1.2.In case the Product does not fulfil the above mentioned warranty, You are entitled to one of the following remedies (as determined by Flymo in its reasonable opinion): (a) a repair without charge provided by authorised service technicians; (b) if a repair is not possible (including if the repair costs would exceed the original purchase price), replacement of the Product with a Product of equivalent specification; or (c) if repair or replacement is not available, a refund of the purchase price, including the delivery costs.
7.1.3.To return a Product that does not fulfil the applicable warranty, please see section 5.3.
7.1.4.Notwithstanding the above, Flymo shall have no liability for non-fulfilment of the warranty where such non-fulfilment is a result of:
7.1.4.1. deliberate damage to or neglect of the Product;
7.1.4.2. consumables and normal wear and tear, including but not limited to, batteries, lights;
7.1.4.3. failure to follow user/product manual, installations guide and other instructions relating to the use, installation and care of the Product; or
7.1.4.4. in respect of a consumer warranty, the use of the Product for commercial or non-domestic purposes.
7.2. Statutory rights for consumers
7.2.1.The Consumer Rights Act 2015 says goods (including the Products) must be as described, fit for purpose and of satisfactory quality. 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.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1. 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.
8.2. 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 including the right to receive products which are: as described and match information we provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
8.3. 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.
9. PROCESSING OF PERSONAL DATA
Gardena Manufacturing GmbH is the controller of the personal data collected in connection with Your purchases of Products and other activities on the e-Store, such as Your name, age, gender, contact details and billing information as well as information relating to Your requests and communication with Gardena. Gardena, and other Gardena group companies, may also collect and process personal data described above and data from Your use of the Product separately or together with other personal data accumulated in connection with Your use of other services/features provided by Gardena. Gardena processes Your personal data in accordance with the requirements on data controllers and data processors (respectively) included in the Regulation (EU) 2016/679 General Data Protection Regulation (the "GDPR"), and such national legislation implementing the GDPR (together the "Data Protection Legislation"). For additional information regarding the processing of personal data within your purchases of products and other activities on the e-Store, contact details, including contact details to the data protection officer, please refer to Gardena’s Privacy Policy (https://privacyportal.husqvarnagroup.com/int/privacy-notice/).
10. RETURNS; CUSTOMER SUPPORT
10.1. Should You wish to return a Product to Flymo for repair, replacement or refund (as provided for elsewhere in these Terms), please contact us using the details specified in section 1.3.
10.2. For general questions regarding the use, care or service of a Product, please refer to the user manual or information available on the e-Store.
11. MISCELLANEOUS
11.1. Flymo may subcontract and/or transfer its rights and obligations under these Terms without Your prior written notice (in case of transfer of Your rights, Flymo will notify You in writing thereof), but this will not affect Your rights or Flymo's obligations under these Terms.
11.2. Flymo may occasionally run campaigns, sales promotions or offer other incentives ("Promotions") in relation to Products offered on the e-Store. The validity of and conditions that apply to the Promotions will be set out in additional terms and/or rules as shall be made available to You at that time. Other than as expressly set out in such promotional terms/rules, these Terms will govern the supply of Products ordered pursuant to a Promotion.
11.3. We intend to rely on these Terms and Your order. If You require any changes, please make sure You ask for them to be put in writing. This can help avoid any problems about what You expect from us and what we expect from You. If any provision of these Terms is held to be void, invalid or unenforceable or illegal, the other provisions shall continue in full force and effect.
12. GOVERNING LAW; DISPUTE RESOLUTION
12.1. 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.
12.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how we have handled any complaint, You may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution via their website at https://www.cedr.com/consumer/. Centre for Effective Dispute Resolution will not charge You for making a complaint and if You are not satisfied with the outcome You can still bring legal proceedings. The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at resolve disputes.
*****
SCHEDULE 1
MODEL CANCELLATION FORM
(Complete and return this form only if You wish to withdraw from the contract)
To: Gardena Manufacturing GmbH (trading as Flymo),
address: Hans-Lorenser-Str. 40, 89079 Ulm, Germany
email: webshop@flymo.com
telephone: 0344 801 3653:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
These Terms were last updated: [ September 2019]
