Welcome to Simply Noir’s online marketplace
Terms & Conditions
TERMS AND CONDITIONS OF SALE FOR CUSTOMERS
Simply Noir is a division of Opal Corporation Ltd, a company incorporated and registered in England with Company Number 11935376 and with registered address of International House, 24 Viaduct, London, EC1A 2BN (“‘we’, ‘us’ or ‘our’”).
We own and operate www.simplynoir.co.uk (“Website”).
These terms and conditions (the “Terms”):
1 set out the legal rights and responsibilities of a customer using our Website (“you” or “your” “Customer”);
2 set out our legal rights and responsibilities; and
3 contains certain key information required by law.
The Website is a platform where sellers can advertise and sell their products or services to you (“Seller”). Under these Terms, a Seller is the person who you are buying the goods or services from. Save as specifically provided for to the contrary below, your contractual relationship is with the Seller and not with us, and the Sellers from whom you have chosen to buy goods or services contract with you on the basis of these Terms.
Please read the following important terms and conditions before you buy anything on our Website.
If you buy goods or services on our Website, you agree to be legally bound by these Terms.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods or services, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods and services must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product (where relevant) you will be entitled to the following:
• up to 30 days: if your goods are faulty, then you can get a refund;
• up to six months: if they can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
• up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
These Terms are in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.
1 Purchasing using our platform
• We do our best to try to ensure that all information provided by a Seller on our Website is accurate, but we are not liable for any misleading or incorrect information provided by a Seller.
• At all times please read and check your order carefully before submitting it through the Website.
• When you place your order at the end of the online checkout process, we will acknowledge your order with an email (“Acknowledgement Email”). The Acknowledgement Email does not mean that your order has been accepted.
• We may contact you to say that we do not accept your order. This is typically for the following reasons:
– The goods or services are unavailable;
– We cannot authorise your payment;
– You are not allowed to buy the goods or services from us;
– There has been a mistake on the pricing or description of the goods or services.
– We will only accept your order when we email you to confirm that we have accepted your order for goods for services (“Confirmation Email”). Only once we have sent a Confirmation Email will a legally binding contract be in place between you and the Seller (“Contract”).
• The Seller will accept your order and send a Confirmation Email, the Seller will then dispatch the goods or services to you.
• If you are under the age of 18 years old, you may only purchase goods or services from the Website with the consent of your parent or guardian.
2 Right to cancel
• Subject to clause 2 you have the right to cancel the contract without giving any reason:
• Within 14 days of receiving a Confirmation Email; or
• Within 14 days of receiving the goods.
• A Seller may refuse to cancel the contract for reasons permitted by law including, amongst others, contracts for those goods or services contained under clause 7.
• To exercise the right to cancel, you must inform us of your decision to cancel the Contract by emailing us at firstname.lastname@example.org.
• You can specify in your email whether you would like a refund or an exchange of goods.
• All returned goods must be unused and in their original packaging and with any labels, instructions or documentation intact. If goods are not returned in their original packaging we reserve the right not to issue you with a refund.
• You are responsible for the return of the goods to the Seller and will be responsible for arranging an appropriate method of delivery.
• The following goods and services cannot be returned or cancelled:
– Goods that have been personalised;
– Certain perishables or food;
– Bespoke goods that have been made especially for you;
– Some software, digital content or downloads which have been made available immediately;
– Goods affected by hygiene considerations such as jewellery made for body piercings such as earrings or swimwear or underwear that has been unsealed; or
– Services that have been performed within the 14-day cancellation period, where you have been made aware that performance would extinguish your cancellation rights.
• When you buy digital content, you have no right to cancel once the automatic download of the digital content starts, or once you have accessed the content.
3 Effects of cancellation
• If you cancel the contract, as long as your cancellation complies clause 2 above, on behalf of the Seller we will reimburse you for all payments received from you.
• We will make the reimbursement without undue delay, and not later than:
– 14 days after the day the goods are received back from you; or
– 14 days after the day you provide evidence that you have returned the goods; or
– If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
• If you have received goods:
– You shall send back the goods to the address provided to you at point of confirmation of return without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
– You will have to bear the direct cost of returning the goods.
• The Seller will specify the delivery method for their goods on their product page on the Website. If there is an option for methods of delivery you will be able to select your preferred option before making payment for the goods.
• The Seller will dispatch the goods to you in accordance with the delivery method you have selected on the Website.
• The estimated date for delivery of the goods will be set out in the Confirmation Email (see clause 12). The Seller will be responsible for the delivery of the goods.
• We, acting on the Sellers behalf, may provide a revised estimated date for delivery of the goods if something happens which:
– Is outside of the control of the Seller; and
– Affects the estimated date of delivery.
• Delivery of the goods will take place when they are delivered to the address that you specified during the order process.
• Unless agreed otherwise, if the goods cannot be delivered within 30 days, we, acting on the seller’s behalf:
– Let you know;
– Cancel your order; and
– Give you a refund.
• If you are purchasing goods from one or more Seller your goods will be shipped individually by each Seller.
• Where you have purchased digital content, online courses may be made available to you via a password protected URL. The content will be available to you for six months from the start date of the course you have purchased. You are required to keep any login details confidential.
• Where you have purchased a monthly subscription, we will continue to provide the content and services to you either until you terminate your subscription or we end the contract by written notice to you.
5 Provision of services
• The Seller will perform the services at a time, date and location as agreed between the parties.
• The Seller will perform the services in accordance with any commencement, end dates or milestones for performance as agreed between the parties.
• The services will be deemed to be completed once the Seller notifies us that the provision of services is complete and in accordance with these Terms.
• The Seller will not be responsible for any delays that occur in the provision of the services where the delay is a result of your failure to communicate, contribute, cooperate or otherwise work with the Seller as required.
• Unless stated expressly, the price of the goods and services:
– Is in pounds sterling (£)(GBP); and
– Includes the cost of delivering the goods.
• Any and all payments for goods and services will be made through our Website.
• We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods and services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
• Your credit card, debit card or PayPal account will be charged for the goods or services immediately at the point of purchase on our website and before goods are dispatched.
• All payments by credit card or debit card must be authorised by the relevant card issuer.
• Dispatch of your goods is subject to payment in full. However, if for any reason your payment is not received by us (such as in a ‘chargeback’ situation) or is outstanding and you have already received the goods, you:
– Must pay for such goods within 14 days; or
– Must return the goods to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
• If you do not return any goods (such as where you have not paid for them) we may collect the goods from you
• Where your purchase is a monthly subscription, we reserve the right to suspend access to the services and content until payment is received in full.
• Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clause 2.
7 Nature of the goods and services
• The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods and services must be:
– Of satisfactory quality;
– Fit for purpose;
– Match the description, sample or model; and
– Installed properly (if we install any goods).
• A Seller must provide you with goods and services that comply with your legal rights. At all times the Seller is responsible for ensuring that the goods and services comply with your statutory rights.
• The packaging of the goods may be different from that shown on the site.
• Please note that:
– You should check that any goods purchased through the website are of a satisfactory quality for their intended use before using them
• We try to make sure that:
1) All weights, sizes and measurements set out by our Sellers on the site are as accurate as possible; and
2) The colours of our goods are displayed accurately on the website, the actual colours that you see on your computer may vary depending on the monitor that you use as a result of which you acknowledge and accept, however, that there may be minor differences between the actual goods and the way that these appear on our website; and
3) Any goods or services sold at discount prices will be identified by our Sellers and sold as such.
8 Permission to use digital content
• When you buy the digital content and download it, you will not own it. Instead the Seller gives you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it in accordance with these Terms.
• The digital content:
– Is non-exclusive to you, meaning the Seller may supply the same or similar digital content to other customers;
– May not be copied by you, changed by you, combined or merged with any other content, or distributed or sold by you;
– Contains information which is owned or licensed by the Seller. You must not conceal, change or remove any markings which show who owns the information.
• Except where you have permission to use the digital content under this clause 8, you will not obtain any rights of ownership or other rights or whatever nature in the digital content or any copies of it.
9 Warranty for services
• The Seller warrants that the services will be performed in accordance with best industry practice, shall comply with all applicable laws and regulations in force from time to time, and will be performed as agreed between the Seller and the Customer.
• The Seller will not be liable for any breach of this clause 6 where the breach arises through damage or negligence, the Seller’s use of your equipment or materials, or any other event that is not reasonably foreseeable.
10 Faulty Goods
• Some of your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of these terms. These are a summary of your key rights.
• Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
• Please contact us using the contact details at the top of this page, if you want:
– The goods to be repaired;
– The goods to be replaced;
– A price reduction; or
– To reject the goods and get a refund.
11 Limit on our and the Seller’s responsibility to you
• Except for any legal responsibility that cannot be excluded in law (such as for fraud or for death or personal injury caused by negligence), where you are acting as a ‘consumer’ (see below), neither we nor the Sellers nor any of our respective employees or agents are legally responsible for:
– Any delay in the delivery of the goods or services;
– Losses that:
1) Were not foreseeable when the contract was formed; or
2) That were not caused by any breach on our part (at all times the website is a platform which only connects Customers and Sellers and at all times a contract is between the Customer and a Seller);
• Loss or damage caused by you, for example by not complying with these Terms or not following instructions concerning the goods or services displayed on the website, the packaging of the goods or in any correspondence with you concerning the goods or services;
• Business losses (because consumers buy only for their own purposes).
• A ‘consumer’ is an individual (so not a company or some other form of business) who buys goods or services for their own use.
• It may be unlikely that you will want to buy from us if you are not a consumer, but if so:
– Our liability of any kind (including our own negligence) is limited to the price paid for the goods or services;
– In no event (including our own negligence) will we be liable for any:
– Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
1) Loss of goodwill or reputation;
2) Special, indirect or consequential losses; or
3) Damage to or loss of data (even if we have been advised of the possibility of such losses);
• You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement;
12 Entire agreement
These terms constitute the entire agreement between us with respect to its subject matter and supersede any previous communications or agreements between us. We all acknowledge that there have been no misrepresentations and that none of us have relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
• We will try to resolve any disputes with you quickly and efficiently. You agree to give us a reasonable chance to put things right before you incur any costs in attempting to remedy the problem yourself.
• Please contact us as soon as possible if you are unhappy with:
– The goods or services;
– Our service to you; or
• Any other matter.
• If a dispute cannot be resolved using our internal complaint handling procedure, we will:
– Let you know that we cannot settle the dispute with you; and
– Give you certain information required by law about our alternative dispute resolution (ADR) procedure.
• The relevant courts of England and Wales will have exclusive jurisdiction in relation to these terms and the contract.
• The law of England and Wales apply to the contract and these terms.
Updated: 6 August 2020