Our terms

1. These terms

 

1.1 What these terms cover. These are the terms and conditions on which we supply our goods to you through our website (https://www.windsorsmith.uk) or such other website we may use from time to time.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods 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

 

2.1 Who we are. We are Windsor Smith PTY. Limited a company registered in Australia. Our Australian Business Number is 97004353977 and our registered office is at Armadale VIC 3143.

2.2 How to contact us. You can contact us by emailing our customer care team at customerservice@windsorsmith.uk.

2.3 How we may contact you. 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.

2.4 Writing includes emails. When we use the words writing or written in these terms, this includes emails.

 

3. Our contract with you

 

3.1 How we will accept your order. Once you have placed an order with us, we will send you an order confirmation email (“Order Confirmation”) to confirm that we are processing your order. Once you have received your Order Confirmation, we will not be able to make any changes to the delivery address provided. We will send you another e-mail when your order has been dispatched with your tracking number (“Dispatch Confirmation”). Acceptance of an order placed by you online and the completion of the contract between you and us will take place when you receive the Dispatch Confirmation e-mail from us. A contract between us will only be formed when we send you the Dispatch Confirmation. If for any reason we cannot provide you with an item on your order, you will be contacted by email and a refund will be issued (including any relevant delivery charges paid if the order only contained that item).

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for,

because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. 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.

3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

 

4. Our goods

 

4.1 Goods may vary slightly from their pictures. The images of the goods 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 goods. Your goods may vary slightly from those images. All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are [UK/AUS/US/EU] sizes. Please refer to the size guide for clarification here. Prices, offers and goods are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation being received.

4.2 The placing of goods on our website is an invitation to accept offers for goods and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your offer.

4.3 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.

4.4 Manufacturer’s warranties. You will receive the benefit of any warranty of the manufacturer provided with the goods that such goods will perform in accordance with any specification, guidance or other information provided by the manufacturer. This warranty will not apply where:

       (a) a defect in the goods arises because you failed to follow our instructions and/or the manufacturer’s instructions about the storage, commissioning and/or maintenance of the goods;

       (b) you alter and/or repair the goods without our written consent or the manufacturer’s written consent;

       (c) the defect arises as a result of wilful damage to the goods, negligence, and/or abnormal storage or working conditions; or

       (d) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory and regulatory requirements.

 

5. Your rights to make changes

 

If you wish to make a change to the goods you have ordered please contact us at [customerservice@windsorsmith.uk]. 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 goods, 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 7- Your rights to end the contract).

 

6. Providing the goods

 

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2 When we will provide the goods. We use Royal Mail to make sure your shoes reach you safe and sound. You will receive regular updates on your order and delivery status by email. We will contact you with an estimated delivery date, but unless we are prevented by a delay outside our control, we will deliver the goods to you within 30 days after the day on which we accept your order.

6.3 We are not responsible for delays outside our control. If our supply of the goods 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 at customerservice@windsorsmith.uk to end the contract and receive a refund for any goods you have paid for but not received.

6.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.

6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and 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 and clause 9.2 will apply.

6.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline of 30 days (after the day on which we accept your order) for any goods then you may treat the contract as at an end straight away if any of the following apply:

     (a) we have refused to deliver the goods;

     (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

     (c) you told us before we accepted your order that delivery within the delivery deadline was essential.

6.7 Setting a new deadline for delivery. 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 6.6, 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.

6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. You can cancel your order by contacting our customer service team at customerservice@windsorsmith.uk. After receiving your request to cancel your order we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us at the address provided in clause 8.1.(b) 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 email our customer services team at customerservice@windsorsmith.uk.

6.9 When you become responsible for the goods. You will be responsible for the goods from the time we deliver the goods to the address you gave us.

6.10 When you own goods. You own the goods once we have received payment in full.

6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, full name, delivery address, email address and contact number. If so, this will have been stated in the description of the goods on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.12 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:

     (a) deal with technical problems or make minor technical changes;

     (b) update the goods to reflect changes in relevant laws and regulatory requirements;

     (c) make changes to the goods as requested by you or notified by us to you.

6.13 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. You may contact us at customerservice@windsorsmith.uk to end the contract for goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.

 

7. Your rights to end the contract

 

7.1 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, how we are performing and when you decide to end the contract:

     (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;

     (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

     (c) If you have just changed your mind about the goods, see clause 7.3. 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;

     (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.7.

7.2 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 (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:

     (a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

     (b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;

     (c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

     (d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6).

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods 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.

7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Windsor Smith PTY. Limited to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed goods (see clause 10.2):

Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous

14 day period to change your mind. 28 day period to change your mind.

Consumer to pay costs of return. Consumer to pay costs of return.

7.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

     (a) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or

     (b) any goods which become mixed inseparably with other items after their delivery.

7.6 How long do I have to change my mind? You have 28 days after the day you receive the goods, unless:

     (i) Your goods are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

     (ii) Your goods are for regular delivery over a set period. In this case you have until 28 days after the day you (or someone you nominate) receives the first delivery of the goods.

7.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), 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 goods are 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, please contact us at [customerservice@windsorsmith.uk] to let us know. The contract will end immediately and we will refund any sums paid by you for goods 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.

 

8. How to end the contract with us (including if you have changed your mind)

 

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

     (a) Email. Email us at [customerservice@windsorsmith.uk]. Please provide your name, home address, details of what you bought, when you ordered or received it.

     (b) By post. Simply write to us at that address given below, including details of what you bought, when you ordered or received it and your name and address.

     Windsor Smith Pty Limited

     Suite 1 Level 1 615 Dandenong Road Armadale Victoria Australia 3143

8.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us in the way they were delivered. For example, shoes should be wrapped in the way they were delivered, individually in tissue (to avoid rubbing or contact during transit) and then as a pair in the original shoe box which should be sealed with tape. You must post them back to us at the address given above or (if they are not suitable for posting) allow us to collect them from you. Please contact our customer services team at [customerservice@windsorsmith.uk] for a return label or to arrange collection. 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. To make a return simply click the returns link provided https://tracking.controlport.co.uk/e9ab6870/1286/return/85f3dd and follow the instructions.

8.3 When we will pay the costs of return. We will pay the costs of return:

     (a) if the goods are faulty or misdescribed; or

     (b) if you are ending the contract because we have told you of an upcoming change to the goods 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.

8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. We charge the direct costs (which may vary from time to time) associated with collection of the goods.

8.5 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

     (a) 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 can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

     (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.7 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:

     (a) If we have not offered to collect the goods, your refund will be made within 12 working days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 8.2.

     (b) In all other cases, your refund will be made within 12 working days of your telling us you have changed your mind.

 

9. Our rights to end the contract

 

9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

     (a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

     (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, [full name, delivery address, email address and contact number]; or

     (c) you do not, within a reasonable time, allow us to deliver the goods to you;

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods we have not

provided but we may deduct or charge you as appropriate reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

10. If there is a problem with the goods

 

10.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact our customer service team at [customerservice@windsorsmith.uk].

10.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. 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. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods 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.

10.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must post them back to us at the address given in clause 8.1 or (if they are not suitable for posting) allow us to collect them from you.

 

11. Price and payment

 

11.1 Where to find the price for the goods. The price of the goods (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 goods advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the goods you order.

11.2 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite all reasonable care we take, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less

than our stated price at your order date, we will charge the lower amount. If the goods’ 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, then we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.4 When you must pay and how you must pay. We accept payment by debit card or credit. You must pay for the goods before we dispatch them. You order summary will confirm the price payable by you for the selected Product(s). Payments are processed by Braintree (a payment processing platform) or any other payment processing platforms we may use from time to time. Your card will be charged when you place your order.

11.5 Acceptance by us of any payment made by you in connection with any goods does not constitute our acceptance of your order and a legally binding contract is not formed until you receive our Dispatch Confirmation email and we will not be obliged to supply goods to you until then.

11.6 Windsor Smith Payment Options. Windsor Smith Pty Limited works with Clearpay to provide a Buy Now Pay Later service. Your payment agreement is with Clearpay & not Windsor Smith Pty Limited. We will not be responsible for any debt incurred from using the Clearpay. For full terms and conditions, please see the Clearpay website https://www.clearpay.co.uk/en-GB/terms-of-service

11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact our customer services team at [customerservice@windsorsmith.uk] promptly to let us know.

 

12. Our responsibility for loss or damage suffered by you

 

12.1 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 before you make your order. To the extent the law allows, we will not be liable to you for any goods damaged, destroyed or lost during transit unless such damage, destruction or loss in transit is caused by our negligence.

12.2 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 officers, directors, employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summaris

clause 10.2; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and for defective goods under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods we supply to you for any commercial, business or re-sale purpose we will have no liability to you for the following types of loss or damage (whether foreseeable or unforeseeable) loss of profit; loss of income; loss revenue; loss of business or commercial opportunity; loss of, or damage, to goodwill; loss of anticipated savings; loss attributable to business interruption; or any other types of unforeseeable loss.

 

13. How we may use your personal information

 

13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

 

14. Other important terms

 

14.1 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.

14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, that other person is located outside the UK.

14.3 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. 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.

14.4 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.

14.5 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 goods, we can still require you to make the payment at a later date.

14.6 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 goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.