Terms of Sale (uK)

 1. Application

1.1. These Terms and Conditions apply to the purchase of Products by You (“You” or “Your”) from Stuart Delivery Limited (CRN: 09790251, VAT: GB227159015, registered office: 6^th Floor 2 London Wall Place, Barbican, London, United Kingdom, EC2Y 5AU) (“We” or ”Us” or “Our”).  

1.2. No other terms and conditions will apply to the sale of the Products unless We agree otherwise in writing with You.

1.3. The Shop.stuart.com website (“the Shop”) is owned by Us and operated by White & Ward Ltd (Company number: 14105051, registered office: The Old Vicarage, Church Close, Boston, Lincolnshire, England, PE21 6NA).

1.4. All the products on the Shop (“Products”) are offered by Us which will be the contracting party for any order for the Products that are placed by You. You are not obliged to purchase or use Products sold by Us. 

1.5. These Terms and Conditions apply to all orders and transactions for the sale of Products on the Shop. Please read them carefully. They do not affect Your statutory rights.

1.6. We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on the Shop. We recommend that You check this page regularly.

2. Ordering

2.1. Placing Your order. Please follow the onscreen prompts to place an order for the Products. Each order is an offer by You to buy the Products from Us, subject to these Terms and Conditions.

2.2. Correcting input errors. You will have an opportunity to check and correct any input errors in Your order for the Products up until the point You submit the order by clicking the “place order” button on the checkout page. You must ensure that the information You provide is accurate upon placing an order.

2.3. Acceptance by Us. All orders made by You through The Shop are subject to acceptance by Us. We reserve the right to refuse Your order for any reason, and in such cases, will not be held liable as a result of such refusal.

2.4. Acknowledging receipt of Your order. After submitting an order to Us, We will send You an order acknowledgement email to the email address You provided with the corresponding order number and details of the Product(s) that You have ordered. Please note this email is an acknowledgement and does not constitute acceptance by Us of Your order.   

2.5.  If We cannot accept Your order. If We are unable to supply You with the Products, We will contact You by email and You will have the option to wait until the Products are available, or cancel the order in accordance with Our returns policy (see clause 11). In the event that Your order is cancelled, We will refund any payment already collected from You in respect of that order within 14 days.

2.6. Accepting Your order. Acceptance of the order and the formation of a contract for purchase of the Products between You and Us will take place when We send You an email confirming that the Products You have ordered have been despatched. 

3. Payment & Pricing

3.1. Payment for the Products and delivery is required upfront, meaning payment will be debited from Your account upon or shortly before despatch of the Products. Payment can be made by Visa and Mastercard debit and credit cards, via the secure payment portal on the Shop, Apple Pay, Google Pay or PayPal. You may also pay for the Products via Clearpay, and such payment will be subject to Clearpay’s terms of Use and privacy policy which can be located here. “Link: https://www.clearpay.co.uk/en-GB/terms-of-service”

3.2. You confirm that the credit/debit card that is being used is Yours or You are authorised by the credit/debit card holder to do so. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your card refuses to authorise payment, We will not accept Your order and will not be liable for any failure to process Your order. We are not obliged to inform You of the reason for the refusal.

3.3. We are not responsible for Your card issuer or bank charging You additional fees due to the processing of the credit/debit card payment via the Shop, Apple Pay, Google Pay, Paypal or Clearpay (as applicable).

3.4. Although We endeavour to ensure that all pricing information on the Shop is accurate, occasionally an error may occur and Products may be mispriced. If We discover a price that is incorrect (low or high), at Our discretion, We will either: 

(a) contact You and ask You whether You wish to cancel the order or continue with the order at the correct price; or 

(b) notify You that We are required to cancel the order.

3.5. We will not be obliged to supply Products at the incorrect price.

3.6. We reserve the right to adjust prices of the Products on the Shop at Our discretion at any time before (but not after) We accept Your order.

3.7. All prices on the Shop are in Pound Sterling and Include VAT.

3.8. All prices on the Shop do not include delivery charges. Delivery charges will be shown on the checkout page.

4. Products

4.1. The images of the Products on the Shop are for illustrative purposes only, and the Product may vary slightly to the image.

4.2. We may amend Product images and specifications at any time. 

4.3. We reserve the right to withdraw any Products from the Shop at any time. We will not be liable to You or any third party for withdrawing any Products from the Shop.

4.4 You agree that the Products are intended for professional use for the purpose of You conducting Your business of providing delivery services. 

4.5 The Products may not be resold by You. If We become aware that You have resold or intend to resell the Products, We reserve the right to suspend Your access to the Shop. 

5. Delivery

5.1. We will despatch the Products ordered by You as they are available using the method of delivery specified by You on the Shop checkout page.  All delivery charges are presented to You on the checkout page.

5.2. We cannot be held responsible if You input the incorrect delivery address. If You wish to change the delivery address following submission and payment of the order, You must promptly send an email to Shop Help (see clause 8). Changes can only be made to the delivery address before an order is despatched. 

5.3. The estimated delivery date will be stated on the checkout page, prior to purchase. This is an estimated delivery date and can be affected by events outside of our control (see clause 12), or because You failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products. As a result, We will not be liable to You if the Products are not delivered on the estimated delivery date.

5.4. (1) You are responsible for accepting the delivery of the Products. Delivery is complete when the Products have been delivered to the delivery address provided by You. If We fail to deliver the Products or if You are not present at the delivery address at the time of delivery, the Products will be sent to a collection point for You to collect. If You fail to collect the Products from the collection point within 7 days from the date We notified you, the Products will be returned to Us. 

5.4. (2) If we fail to deliver the Products due to an issue with the delivering courier, your initial order will be re-despatched.

5.5. If You wish to request a redelivery of the Products that are returned to Us in accordance with clause 5.4 above, you must email Shop Help. Redelivery of the Products are subject to additional delivery charges in the same amount notified to You in your original order.

5.6. You will be sent an email confirmation shortly after the Products have been delivered to the delivery address.

5.7. We do not deliver to addresses outside the UK.

5.8. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

6. Loss or Damage in Transit

6.1. You are under a duty to inspect the Products on delivery.

6.2. If You identify any damage to the Product(s) or shortages in respect of the order You must inform Us in writing within 14 days of the date of delivery, providing details of the alleged damage or shortage by sending an email to Shop Help. We will not be liable if You fail to provide Us with such notice.

6.3. We must be permitted to inspect the affected Products before You use, alter or modify them in any way.

6.4. We will make good all damage and shortages that are deemed to have been caused by Us within a reasonable time. 

7. Risk and Title

7.1. The Products will be at Your risk once the Products have been unloaded at the delivery address set out in Your order or collected by You (whichever occurs earlier). If You intend to cancel Your order in accordance with the returns policy, You must keep good care of the Products pending the return.

7.2. You own the Products once We have received payment in full of the price of the Products and all applicable delivery charges.

8. Contact

9. Product Management

9.1. To request a replacement of any Products following delivery, You must send Your request by sending an email to Product. 

9.2. You are responsible for the proper care and maintenance of the Products. Guidelines for handling can be provided upon request by sending an email to Shop Help.  

9.3. Unless otherwise agreed by Us:

(a) If You execute deliveries using a bicycle, moped or motorbike, You are entitled to purchase one of each Product; or

(b) If You execute deliveries using a car, You are entitled to purchase a maximum of 2 x Thermal bags. 

Repeated attempts to order additional Products in excess of the above limits may result in the suspension of Your Shop Account.

10. Warranty 

10.1. Warranty is supplied on all Products. This warranty is limited to faults which occur through normal operational usage. Warranty will be voided for, but not limited to, the following: 

(a) Incorrect use or poor maintenance;

(b) using a Product after informing Us of a defect;

(c) altering or repairing a Product;

(d) wilful damage, negligence; or

(e) abnormal storage or working conditions.

10.2. The Products have a 12-month warranty from the date of purchase. If any defects occur due to faulty materials, we will refund the price (including any delivery charges) or organise a replacement.   

10.3. If the Product is no longer sold or stocked by Stuart, a similar replacement will be offered instead. If the alternative replacement is not suitable to You, we will refund You the price (including any delivery charges).

10.4. Except as expressly stated in these Terms and Conditions, We do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for Your purposes.

10.5. These Terms and Conditions also apply to any repaired or replacement Products supplied by Us to You.

10.6. Products are intended for use within the UK. We cannot guarantee that Products comply with regulations outside of the UK.

11. Returns and Refunds Policy

11.1. We accept returns notified within 14 days of receipt of Products by You, and returned to Us within 14 days of the date of delivery.

11.2. You must send an email to Shop Help if You wish to return an item before carrying out a return. Returns will be at Our sole discretion and any decision is final. Every confirmed return will be issued a pre-paid returns label with the returns authorisation number on it.

11.3. The cost of returning a Product (a “Return Fee”) will be covered by Us in cases of manufacturing faults or defects. The Return Fee of a Product not under, or with broken warranty (which is detailed in Clause 10 (Warranty)), will be at Your expense.

11.4. On the rare occasion that You do not receive your Products, and there is no proof of delivery, please send an email to Shop Help for a refund request.

12. Events Outside Our Control

We will not be liable for any failure, or delay in service of Our obligations under these Terms that is caused by an event outside Our control. If an event outside Our control, such as, but not limited to: 

(a) acts of God; 

(b) flood, fire, earthquake or explosion; 

(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; 

(d) government order or law; 

(e) action by any governmental authority; 

(f) national or regional emergency; 

(g) strikes, labour stoppages or slowdowns or other industrial disturbances, occurs, it is likely to adversely affect the performance of Our  obligations under these Terms and Conditions.

13.1. In the event of any delay in delivery or failure in the service due to any of the aforementioned causes, the time for delivery will be extended to the extent of the delay caused.

13. Liability

13.1 References to liability in this clause 13 include every kind of liability arising under or in connection with these Terms and Conditions including but not limited to liability in contract, tort (including negligence), misrepresentations, restitution or otherwise.

13.2 You agree that the Products sold to You by Us are for use in the course of Your business and are strictly not for resale.

13.3 Nothing in these Terms and Conditions limits or excludes Our liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) any other liability that cannot be limited or excluded by law.

13.4 Subject to Clause 13.3, We will under no circumstances be liable to You for:

(a) any loss or profits, sales, business or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill;

(f) any indirect or consequential loss.

13.5 Subject to clause 13.3, Our total liability to You for all losses arising under or in connection with these Terms and Conditions will in no circumstances exceed the price of the relevant Product(s) which gave rise to such liability. 

14. Intellectual Property

You acknowledge that any intellectual property rights in Our (or Our affiliates’) trading name, trade marks or logos, drawings, specifications, or other documents in respect of the Products and the Shop belong to Us and You will have no rights to the same as a result of purchasing the Products or using the Shop.

15. General 

15.1. Assignment. These Terms and Conditions may not be assigned by You . We may assign, novate, transfer or deal with any of Our rights and obligations under these Terms and Conditions at any time.

15.2. Notice. Any notices to be served under these Terms and Conditions may be served by contacting the following email addresses:
Us – Notice required under clause 6 or 11 – returns@white-ward.com. Otherwise, if You wish to give Us formal notice of any other matter under these Terms and Conditions –  partners.uk@stuart.com.
You – The latest email address You provided in relation to Your order of the Products.

15.4. Waiver. If We do not insist that You perform any of Your obligations under these Terms and Conditions, or if We do not exercise our rights or remedies against You, or if We delay in doing so, that will not mean that We have waived our rights or remedies against You or that You do not have to comply with those obligations. If We do waive any rights or remedies, We will only do so in writing, and that will not mean that We will automatically waive any right or remedy related to any later default by You.

15.5. Severance. Each clause of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

15.6. Third party rights. These Terms and Conditions is between You and Us. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to benefit from any of its terms.

16. Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of England. Any disputes arising from or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in England.