Terms of Sale
- 1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
- 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 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.
- 2.1 Who we are. We are Megosa Ltd a company registered in England and Wales. Our company registration number is 13020409 and our registered office is at 10 Village Way, Pinner, HA5 5AF. We trade as “MEGOSA” and use the domain name “megosalabel.com”
- 2.2 Our website is not intended for children and you must be at least 18 years of age to purchase our products. By agreeing to these Terms you confirm that you are at least 18 years of age.
- 2.3 How to contact us. You can contact us by writing to us at firstname.lastname@example.org or at MEGOSA Ltd, Unit 30, 143 Kingston Road, Wimbledon, SW19 1LJ. You can also fill in our online contact form available here.
- 2.4 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.
- 2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. Our correspondence with you will be in English only.
- 3.1 How we will accept your order.
- 3.1.1 Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we email to confirm that your order has been dispatched. If we cannot complete your order for any reason we will send you an email informing you of this and we will arrange to refund you the amount you paid as soon as possible.
- 3.1.2 The contract between you and us will come into existence when you receive the order dispatch email and will last until the last day of your right to return the product(s) you ordered.
- 3.1.3 Prior to dispatch of your order we have the right to decline an order for any reason, including but not limited to legal and regulatory reasons.
- 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. 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 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.
- 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.
- 4.1 Products may vary slightly from their pictures. 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 online display accurately reflects the colour of the products. Your product may vary slightly from those images.
Once you have placed an order with us that order is usually final. If once you have placed an order with us you wish to make a change to any aspect of that order please contact us. We will let you know if we are able to change the order at that time. If we are able to agree to the change in your order we will also let you know if this will cause a change to the price of the goods, the timing of delivery or any other aspect of your order and we will then 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).
6.1 Minor changes to the products. We may change the product:
- 6.1.1 to reflect changes in relevant laws and regulatory requirements; and
- 6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product. For example:
- (a) we describe the various goods available on our site from time to time, and in some cases, it may be that a particular product will continue to be available, but in packaging which is not identical to that shown on the website. This may happen because of a change to labelling. Where the only change in the product is to the packaging and labelling we will be entitled to provide you the product you have ordered in the changed packaging and/ or labelling.
- (b) The material composition of a product may be changed in a minor way by the manufacturers, and if this is a minor change and the product continues to be the same product with the same uses, it will not affect your use of the product.
6.2 More significant changes to the products and these terms.
- If a product which we offer is withdrawn and we are able to offer an alternative product we will notify you of this and you will be able to decide whether you wish to purchase the alternative product or cancel your order for the original product and receive a refund for the product concerned.
- 7.1 Where we deliver. We deliver our products to addresses in the United Kingdom. We also offer delivery to the United States.
- 7.2 Delivery costs. The costs of delivery will be as displayed to you on our website at the checkout and in our shipping policy.
- 7.3 When we will provide the products. This depends on the delivery method you chose at the time you placed your order and the delivery address. When accepting your order we will confirm the expected number of days for delivery or if for any reason there are difficulties with delivery we will advise what delivery arrangements are available.
- 7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event that is wholly or partly 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 wholly or partly 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.
7.5 International Delivery.
- 7.5.1 Some of our products may not be available for delivery to certain destinations outside the UK due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery. We reserve the right to define what can and cannot be delivered to which destination.
- 7.5.2 Purchases will be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to your payment, which you will be liable to pay.
- 7.5.3 You may have to pay import duty or a formal customs duty entry fee before or when your order is delivered to you outside of the UK. We advise you to check if a fee may be applicable to your order before placing an order for international delivery. You are responsible for complying with any export controls or sanctions rules applicable to goods supplied to you.
- 7.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier or postal service delivering for us will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- 7.7 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery of the products or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection by you from a local depot we may end the contract and clause 10.2 will apply.
7.8 Your legal rights if we deliver goods late. 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:
- 7.8.1 we have refused to deliver the goods;
- 7.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 7.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
- 7.9 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 7.8, 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.
- 7.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, 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). After that 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 (see clause 9.2). You will pay the costs of postage. Please email us at email@example.com or use our online refund tool. Once we receive your email or filled out form we will email you to arrange for the goods to be returned. If you choose to return any goods to us, you are responsible for ensuring that they reach us safely. For this reason, we recommend that you use a recorded delivery service. If we do not receive the returned goods or they arrive in a damaged condition, we may charge you the cost of those goods.
- 7.11 When you become responsible for the goods. The goods will be your responsibility from the time we deliver them to the address you gave us.
- 7.12 When you own goods. Subject to clause 3.1.1, you own the goods once we have received payment in full and confirmed that the goods have been dispatched to you.
- 7.13 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 products to you, for example, specific instructions in relation to delivery. 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 10.2 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 products 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.
7.14 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- 7.14.1 deal with technical problems or make minor technical changes;
- 7.14.2 update the product to reflect changes in relevant laws and regulatory requirements;
- 7.14.3 make changes to the product as requested by you or notified by us to you (see clause 6).
8.1 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 what you have bought, how we are performing and when you decide to end the contract:
- 8.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced 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 8.4.
8.2 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 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 delivered 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 6.2);
- 8.2.3 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;
- 8.2.4 there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 8.2.5 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 one month; or
- 8.2.6 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8)).
- 8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund, if certain conditions are met. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- 8.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. This includes all products with hygiene stickers;
- 8.4.2 products that have been removed from their original packaging with no sign of tamper (including tags and labels); or
- 8.4.3 any product where any part of the product has been used. Items must be unworn, unwashed, undamaged and unmarked in any way, including but not limited to; staining (food, makeup, sweat) or scent (perfume or body odour).
8.5 How long do I have to change my mind?
- You have 14 days after the day you (or someone you nominate) receives the goods to change your mind, 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.
- 9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- 9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must post them back to us at MEGOSA Ltd, Unit 30, 143 Kingston Road, Wimbledon, SW19 1LJ. Please use our online refund tool or email us at firstname.lastname@example.org. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us that you wish to end the contract. Once we receive your filled out form we will email you about arranging for the products to be returned. You will be responsible for ensuring that the products reach us safely. For this reason, we recommend that you use a recorded delivery service. If we do not receive the returned products or they arrive in a damaged condition, we may charge you the cost of those products.
9.3 When we will pay the costs of return. We will pay the costs of return:
- 9.3.1 if the products are faulty or misdescribed; or
- 9.3.2 if you are ending the contract because you did not consent to a change to the product or these terms; or
- 9.3.3 because we have told you of 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.
- 9.4 How we will refund you. 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.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- 9.5.1 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 are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- 9.5.2 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 a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option
- 9.6 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 in relation to goods and if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- 10.1.1 you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
- 10.1.2 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 quantity which you require or your correct delivery or invoice address or payment details;
- 10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
- 10.2 You must compensate us if you break the contract. 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.
- 10.3 We may withdraw the product. Usually if we withdraw a product it will no longer be displayed on our website, however, if we take such a decision after you have placed an order we will contact you to let you know, if we can no longer offer to provide that product. If we are unable to offer you an alternative that you are happy to accept we will let you know at least 5 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
- 11.1 How to tell us about problems. If you have any questions or complaints about any of our products, please contact us by writing to us at email@example.com or at MEGOSA Ltd, Unit 30, 143 Kingston Road, Wimbledon, SW19 1LJ. You can also fill in our online contact form available here.
- 11.2 Summary of your legal rights. 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, 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.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
- 11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us (see clause 9.2). When the products are not in conformity with the contract, we will pay the costs of postage. In all other circumstances, you will be required to pay the costs of postage. Please email us at firstname.lastname@example.org. You can also use our online refund tool.
- 11.4 Products lost or damaged in transit. If you choose to return any products to us, you are responsible for ensuring that they reach us safely. For this reason, we recommend that you use a recorded delivery service. If we do not receive the returned products or if they arrive in a damaged condition, we may charge you the cost of those products.
- 12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
- 12.2 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 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.
- 12.3 What happens if we got the price wrong. 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.
- 12.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, Amex, Discover, JCB, Diners, Maestro and UnionPay cards, as well as PayPal.
- You must pay for the products before we dispatch them. We will attempt to charge your credit or debit card when you click the “place order” button.
- All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
- 12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
- 13.1 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.
- 13.2 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 as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
- 13.3 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.
15. Other important terms
- 15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- 15.2 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.
- 15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 15.4 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.
- 15.5 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.
- 15.6 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 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.
- 15.7 Information about Online Dispute Resolution and Alternative Dispute Resolution. The European Commission offers a platform for Online Dispute Resolution, which you can access by clicking here.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: MEGOSA Ltd, Unit 30, 143 Kingston Road, Wimbledon, SW19 1LJ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.