Schedule 1. Montpellier store consumer terms of sale

1 THESE TERMS

1.1
What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods (for example, electronic appliances or spare parts) or services (for example, delivery, repair, maintenance or installation services).

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. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1
Who we are. We are Montpellier Domestic Appliances Limited, a company registered in England and Wales. Our company registration number is 09158049 and our registered office is at Unit 1, Tewkesbury Retail Park, Northway Lane, Tewkesbury, Gloucestershire, GL20 8JU. Our registered VAT number
is 230 5784 17

2.2
Our network of agents. We operate a network of independent agents who provide various services on our behalf which, in turn, enable us to supply our products to you. That agent will be responsible for processing your order and providing your
after-sales care.

 

3. HOW TO CONTACT US

3.1
How to contact our agent. Your agent will be the retail store at which you place your order. Please contact our agent in the
first instance for any query regarding your order or our
products generally.

3.2
How to contact us. You can contact us by telephoning our customer service team at 03333 234 473 or by writing to us at Unit 1 Tewkesbury Retail Park, Northway Lane, Tewkesbury, GL20 8JU  or customerservices@montpellier-appliances.com If your query relates to your order, we may refer you to our agent in the first instance.

3.3
How we may contact you. If we or our agent has to contact you, we/they will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3.4
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

4. OUR CONTRACT WITH YOU

4.1
Your order number. We will assign an order number to your order and tell you what it is when we confirm your order. It will be helpful if you can tell our agent the order number whenever you contact our agent about your order.

4.2
How we will accept your order. Our acceptance of your order will take place when our agent contacts you to confirm that the goods you have ordered are available for delivery, at which point a contract will come into existence between you and us.

4.3
If we cannot accept your order. If we are unable to accept your order, our agent will inform you of this and you will not be charged for the products. 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 the product may be out-of-stock or no longer available to purchase in the United Kingdom.

4.4
We only sell to the UK. Unfortunately, we do not accept orders or deliver to addresses outside the UK.

 

5. OUR PRODUCTS

5.1
Products may vary slightly from their pictures. The images of the products in our promotional materials (including our brochures and 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 products. Your product may vary slightly from those images.

5.2
Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

 

6.
YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact our agent as soon as possible. Our agent will let you know if the change is possible. If it is possible, our agent 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.

 

7. OUR RIGHTS TO MAKE CHANGES

7.1
Minor changes to the products. We or our manufacturers may change the products to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the products.

7.2
More significant changes to the products and these terms. In addition, we or our manufacturers may make more significant changes to the products, but if we do so we will notify you and you may then contact us to cancel your order and receive a full refund.

 

8. PROVIDING THE PRODUCTS

8.1
Delivery costs. The costs of delivery will be notified to you during the order process or, if not, as set out in our current price list.

8.2
When our agent will provide the products. Our agent will contact you to confirm that the products have arrived in-store and are available for collection, or to agree a delivery date, which will be within 30 days after the day on which we accept your order in accordance with clause 4.2.

8.3
We are not responsible for delays outside our control. If the delivery of the products is delayed by an event outside our or our agent’s control then our agent will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided our agent does this, neither we nor our agent will be liable for delays caused by the event. If there is a risk of the delay exceeding 30 days, you may contact our agent to cancel the contract and receive a refund for any products you have paid for but not received.

8.4
Collection by you. If you have asked to collect the products from our agent’s premises, you can collect them at any time during our agent’s normal working hours. Please contact our agent for confirmation of their normal working hours.

8.5
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, we will leave you a note informing you of how to rearrange delivery or collect the products from our agent.

8.6
If you do not re-arrange delivery. If you do not collect the products from our agent as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from our agent, our agent will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our agent’s reasonable efforts, our agent is unable to contact you or re-arrange delivery or collection, we may cancel the contract and clause 11.2 will apply.

8.7
Your legal rights if we deliver late. You have legal rights if we or our agent deliver any products late. If we or our agent miss the delivery deadline for any products then you may treat the contract as cancelled straight away if any of the following apply:

(a)
we have or our agent has refused to deliver the products;

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

(c)

you told our agent before your order was accepted that delivery within the delivery deadline was essential.

8.8
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 8.7, you can give our agent a new deadline for delivery, which must be reasonable, and you can treat the contract as cancelled if our agent does not meet the new deadline.

8.9
Ending the contract for late delivery. If you do choose to treat the contract as cancelled for late delivery under clause 8.7 or clause 8.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that, our agent will refund any sums you have paid for the cancelled products and their delivery.  If the products have been delivered to you, you must either return them in person to our agent, post them back to our agent or (if they are not suitable for posting) allow our agent to collect them from you. We will pay the costs of postage or collection. Please contact our agent for a return label or to arrange collection.

8.10
When you become responsible for the product. The product will be your responsibility from the time our agent delivers the product to the address you gave us or you (or a person authorised by you) collects it from us.

8.11
When you own goods. You own the product once we have received payment in full.

8.12
What will happen if you do not provide necessary information. We and our agent may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. Our agent will contact you to ask for this information. If you do not provide this information within a reasonable time of our agent asking for it, or if you give our agent incomplete or incorrect information, we may either cancel the contract (and clause 11.2 will apply) or our agent may make an additional charge of a reasonable sum to compensate it for any extra work that is required as a result. Neither we nor our agent will be responsible for supplying the products late or not supplying any part of them if this is caused by you not providing necessary information within a reasonable time of our agent asking for it.

8.13
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

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

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

(c)
make changes to the product as requested by you or notified by us to you (see clause 7).

8.14
Your rights if we suspend the supply of products. Our agent will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact our agent to cancel the contract for a product if we suspend it, or our agent tells you we are going to suspend it, in each case for a period of more than 30 days and our agent will refund any sums you have paid in advance for the product in respect of the period after you cancel the contract.

8.15
We may also suspend supply of the products if you do not pay. If you do not pay our agent for the products when you are supposed to (see clause 13.4), we may suspend supply of the products until you have paid the outstanding amounts. Our agent will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute an unpaid invoice (see clause 13.6). As well as suspending the products, we can also charge you interest on your overdue payments (see clause 13.5).

 

9. YOUR RIGHTS TO END THE CONTRACT

9.1
You can always end your contract with us. Your rights when you cancel the contract will depend on what you have bought, whether there is anything wrong with it, how we and our agent are performing and when you decide to cancel 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 product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12:

(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 0;

(c)
If you have just changed your mind about the product, see clause 1.3. 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 9.6.

9.2
Ending the contract because of something we have done or are going to do. If you are cancelling a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)
we have told you about an upcoming significant change to the product which you do not agree to (see clause 7.2);

(b)
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;

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

(d)
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 30 days; or

(e)
you have a legal right to cancel the contract because of something we have done wrong.

9.3
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. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

9.4
When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of:

(a)
products that have been made or tailored to your specification, or which have been personalised;

(b)
services, once these have been completed, even if the cancellation period is still running;

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

(d)
any products which become mixed inseparably with other items after their delivery.

9.5
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a)
Have you bought services? If so, you have 14 days after the day our agent emails you to confirm we accept your order. However, once we or our agent have completed the services you cannot change your mind, even if the period is still running. If you cancel after we or our agent have started the services, you must pay us for the services provided up until the time you tell us or our agent that you have changed your mind.

(b)
Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods.

9.6
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 1.1), you can still cancel the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we or our agent have finished providing the services and you have paid for them. If you want to cancel the contract in these circumstances, just contact our agent to let them know. The contract will end immediately and you will receive a refund for any sums paid by you for products not provided. We or our agent may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we or our agent will incur as a result of your cancelling the contract.

 

10. HOW TO END THE CONTRACT WITH US

10.1
Tell us you want to end the contract. To end the contract with us, please let our agent know by doing one of the following:

(a)

Phone or email. Call our agent by using the contact details you have received in accordance with clause 3.1. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)
Online. Complete the form www.montpellier-appliances.com on our website.

(c)
By post. Write to our agent at by using the contact details you have received in accordance with clause 3.1.

10.2
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 return them to our agent. You must either return the goods in person to our agent, post them back to our agent or (if they are not suitable for posting) allow our agent to collect them from you. Please contact our agent by using the contact details you have received in accordance with clause 3.1 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 our agent that you wish to cancel the contract.

10.3
When we will pay the costs of return. Our agent will pay the costs of return:

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

(b)
if you are cancelling the contract because we have told you of an upcoming significant change to the product, 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 or our agent have done wrong; or

(c)

in accordance with our goodwill guarantee. In all other circumstances, you must pay the costs of return.

10.4
What we charge for collection. If you are responsible for the costs of return and our agent is collecting the product from you, you will be charged the direct cost of collection. The costs of collection will be the same as our charges for standard delivery.

10.5
How we will refund you.  Our agent will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, our agent may make deductions from the price, as described below.

10.6
When your refund will be made. Our agent will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a)

If the products are goods and our agent has not offered to collect them, your refund will be made within 14 days from the day on which our agent receives the product back from you or, if earlier, the day on which you provide our agent with evidence that you have sent the product back.

(b)
In all other cases, your refund will be made within 14 days of your telling our agent you have changed your mind.

 

11. OUR RIGHTS TO END THE CONTRACT

11.1
We may end the contract if you break it. We may end the contract for a product at any time by writing to you (or by our agent writing to you) if:

(a)
you do not make any payment when it is due and you still do not make payment within 14 days of us or our agent reminding you that payment is due;

(b)
you do not, within a reasonable time of our agent asking for it, provide our agent with information that is necessary for our agent to provide the products;

(c)
you do not, within a reasonable time, collect the products from our agent or allow our agent to deliver the products to you;

(d)
you do not, within a reasonable time, allow our agent access to your premises to supply the services.

11.2
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1, our agent will refund any money you have paid in advance for products that have not been provided but our agent may deduct or charge you reasonable compensation for the net costs we and they will incur as a result of your breaking the contract.

11.3
We may withdraw the product. Our agent may write to you to let you know that we are going to stop providing the product. Our agent will refund any sums you have paid in advance for products which will not be provided.

 

12. IF THERE IS A PROBLEM WITH THE PRODUCT

12.1
How to tell us about problems. If you have any questions or complaints about the product, please contact our agent in the first instance by using the contact details you have received in accordance with clause 3.1. Alternatively, please speak to one of their staff in-store.

12.2
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 life of your product your legal rights entitle you to the following:

•
up to 30 days: if your item is faulty, then you can get a refund.

•
up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

•
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.

If your product is services, the Consumer Rights Act 2015 says:

•
you can ask us to repeat or fix a service if it’s not carried out
with reasonable care and skill, or get some money back if
we can’t fix it.

•
if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.

•
if you haven’t agreed a time upfront, it must be carried out within a reasonable time.

12.3
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must either return them in person to our agent, post them back to our agent or (if they are not suitable for posting) allow our agent to collect them from you. Our agent will pay the costs of postage or collection. Please call contract our agent by using the contact details you have received in accordance with clause 3.1 for a return label or to arrange collection.

 

13. PRICE AND PAYMENT

13.1
Where to find the price for the product. The price of the product (which includes VAT) will be notified to you before your place your order, and will be stated on our VAT receipt given to you by our agent. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.

13.2
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.

13.3
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. Our agent 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, our agent will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on our website, our agent will contact you for your instructions before it accepts your order. If our agent accepts and processes 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, our agent will refund you any sums you have paid and we will require you to return the mispriced goods to our agent.

13.4
When you must pay and how you must pay. Our agent will confirm which methods of payment it accepts. When you must pay depends on what product you are buying:

(a)
For goods, you must pay for the products before our agent dispatches them to you, or before you collect them from our agent. Our agent will not charge your credit or debit card until it notifies you that the products are available for collection or delivery.

(b)
For services, our agent will invoice you for the price of the services when it has completed them. You must pay each invoice within 14 days after the date of the invoice.

13.5
We can charge interest if you pay late. If you do not make a payment by the due date, our agent may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay our agent interest together with any overdue amount.

13.6
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact our agent promptly to let us know and you will not be charged you interest until we have resolved the issue.

 

14.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1
We are responsible to you for foreseeable loss and damage caused by us. If we or our agent fails to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our or our agent breaking this contract or failing to use reasonable care and skill, but neither we nor our agent is 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 or our agent and you knew it might happen, for example, if you discussed it with our agent during the sales process.

14.2
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 agent, employees or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2; and for defective products under the Consumer Protection Act 1987.

14.3
When we are liable for damage to your property. If our agent is providing services in your property, our agent will make good any damage to your property caused by it while doing so. However, neither we nor our agent are responsible for the cost of repairing any pre-existing faults or damage to your property that our agent discovers while providing the services.

14.4
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, neither we nor our agent will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1
How we will use your personal information. We and our agent will use the personal information you provide to us:

(a)
to supply the products to you;

(b) to process your payment for the products; and

(c)
if you agreed to this during the order process, to inform you about similar products that we and/or our agent provides, but you may stop receiving these at any time by contacting
our agent.

15.2
We will only give your personal information to other third parties where the law either requires or allows us to do so.

 

16. OTHER IMPORTANT TERMS

16.1
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. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and our agent will refund you any payments you have made in advance for products not provided.

16.2
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the rights or obligations are transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

16.3
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, except as explained in clause 10.2. Please note that we may ask our agent to communicate with you and enforce the terms of this contract on our behalf, but our agent will do so strictly on our behalf. 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.

16.4
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.

16.5
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.

16.6
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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule Model Cancellation Form

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To:

Agents Name [.......................................................................................................]

 

Agents Address [.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................]

 

 

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 [...............................................................................................................................................]