Terms & Conditions
Welcome to the Country Smart terms and conditions (“Terms & Conditions”). These Terms & Conditions apply to the supply of products which are offered for sale by us. By placing an order to purchase any product from us (whether by telephone, via our website or by any other means as we may permit) you agree to be bound by the Terms & Conditions set out below.
- These Terms & Conditions
- These are the terms and conditions on which we supply products to you.
- Please read these Terms & Conditions carefully before you submit your order to us. When you place an order with us, we do business with you on these Terms & Conditions. These Terms & Conditions 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.
- Are you a business customer or a consumer? In some areas you will have different rights under these Terms & Conditions, depending on whether you are a business or consumer. You are a consumer if you are and individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- When we use the words "writing" or "written" in these Terms & Conditions, this includes emails.
- Information about how to contact us
- We are IAH Trading Limited trading as Country Smart. Further details about us are set out in paragraph 11 below.
- You can contact us by telephoning our customer service team on 0121 272 9440 or by writing to us at info@countrysmart.co.uk.
- 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.
- Ordering
- All orders are subject to product availability and acceptance by us.
- By placing an order whether via our website, by telephone or by any other means as we may permit you are making an offer to us to purchase the products detailed in your order upon the terms described. The processing of your payment and acknowledgement of your order (including sending you an email confirming your order is being processed and assigning an order number to your order ) does not constitute legal acceptance of your order. Our acceptance of your order will take place when we despatch the products to you at which point a contract will come into existence between you and us.
- If we are unable to accept your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limit on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to obtain authorisation for you or because you do not meet the eligibility criteria set out in these Terms & Conditions.
- We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
- Prices and Payment
- The price of the product (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 product advised to you is correct. However please see paragraph 4.4 for what happens if we discover an error in the price of any products you order.
- 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.
- We occasionally offer products at a promotional price. You must quote the relevant promotion code when you place your order, otherwise you may be charged the full price.
- 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. If this is the case we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
- We accept payment with most of the major credit/debit cards which are securely processed online using Opayo. We also accept PayPal. You must pay for the products, and any applicable delivery charges, before we dispatch them. We will charge your credit or debit card when you complete your order with us.
- By using a credit/debit card to pay for your order you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
- If you are a business customer you must pay all amounts due to us under these Terms & Conditions in full without any set-off, counterclaim, deduction or withholding.
- Acknowledgements and despatch notifications are normally sent by email. Invoices are sent by email when the products are despatched.
- Delivery
- The costs of delivery will be as displayed to you on our website. The delivery charge will be notified to you before you place your order and confirmed to you in the acknowledgement of your order (usually in the email confirming your order is being processed). Please note that our delivery charges vary according to the value and size of your order and your delivery address and may vary between deliveries. Where you order more than one item you may receive your order in more than one delivery. In such cases the delivery charge will be calculated so that the most you will pay will be the higher of the individual delivery charges
- During the order process we will let you know when we will provide the products to you. We will endeavour to arrange delivery of the products in accordance with the order within the stated delivery time in the accepted order.
- Subject to availability of stock we aim to despatch your products on the same working day, as long as we receive your order before 4.00pm on a working day.
- Before placing an order please refer to the delivery options set out on our website to ensure that delivery can be made to your chosen address. We cannot be held responsible for any address which you input incorrectly when you order a product.
- If any product from your order is unavailable or our supply of the products is delayed, 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 to end the contract and receive a refund for any products you have paid for but not received. In the event that we are unable to deliver the products to you within 30 days of the order you will have the option of cancelling the order.
- If, after a failed delivery to you, you do not re-arrange delivery we may 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 we may end the contract with you and paragraph 9 will apply.
- A product will be your responsibility from the time our delivery provider delivers the product to the address you gave us. If you provide us with an incorrect delivery address or if the intended recipient is no longer resident or employed at the delivery location you specify, we cannot be responsible for any losses you may incur as a result, for example, theft of the products.
- You own a product once we have received payment in full and have despatched your order unless, due to unforeseen circumstances, we cancel your order as set out in these Terms & Conditions.
- Product Details and Availability
- We take all reasonable care to ensure that details, images, descriptions and title of the Products on the website are correct when the relevant item was listed on the website. Although we endeavour to keep information on the website up to date as possible over time products can vary slightly due to inconsistencies in supplier batches or manufacturing processes and therefore may not always reflect the position at the time you place an order.
- The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and finishes accurately, we cannot guarantee that a device's display of the colours or finish accurately reflects the colour or finish of the products. Your product may vary slightly from those images.
- The packaging of the product may vary from that shown in images on our website.
- We offer technical drawings for some of our Products to illustrate sizes and dimensions, however all sizes specified have a commercial tolerance and may not be 100% accurate.
- Whilst we endeavour to hold sufficient stocks to meet all orders, if we have insufficient stock to supply the products ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such products as soon as possible and, in any case, within 30 days.
- If you require further information regarding any of our products, please contact us for further assistance via the contact details in paragraph 2.2 above before you place your order.
- Cancellation, Returns and Refunds
- We want to be totally satisfied with your purchase. However, if you are unhappy with the products that you have received or you have simply changed your mind then you can cancel your order and return the products purchased for a refund within 30 days of the date of delivery to you. Where an order comprises multiple deliveries, the 30 day cancellation period for the products in your order will run from the date after the day you receive the last delivery. You will lose your rights to cancel after the expiry of the 30 day period, however this does not affect your statutory rights if there is any problem with the products.
- If you want to exercise your right to cancel your order please let us know by phone or email: call customer services on 0121 272 9440 or email us at info@countrysmart.co.uk. Please provide your name, details of your order including your order number and delivery address.
- If you need to return the products for any reason after you have received them, you must do so without undue delay and in any event within 14 days of the date of the cancellation. The products you are returning should be in their original packaging, unused and in their original condition, unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instruction before disposing of any hazardous products. You should return the products with all components and also any promotional items received or discounted additional products. You return products by posting them back to us Country Smart, 1 Church Street, Stourbridge, DY8 1LT. We recommend using tracked delivery options for returns. If the products are being returned because they are faulty or incorrect or because you have a legal right to do so as a result of something we have done wrong we may arrange for the items to be collected from you. Please call customer services on 0121 272 9440 or email us at info@countrysmart.co.uk to arrange collection.
- We will pay for the costs of return if the products are faulty or incorrect or there has been a significant 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 if you are a consumer exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. If you are entitled to a refund under these Terms & Conditions, we will refund you the price you paid for the products (including delivery if you are a consumer), by the method you used for payment. However:
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, 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;
- if you are a consumer exercising your right to change your mind the maximum refund for any delivery costs paid by you 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.
- We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then If we have not agreed to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. Where we have agreed to collect the products, your refund will be made within 14 days of our collecting the products from you. For information about how to return a product to us, see paragraph 7.3.
- Nothing in this paragraph 7 affects your legal rights if you are a consumer.
- Our Liability
- If you are a consumer, we are under a legal duty to supply products that are in conformity with our contract with you. Nothing in these Terms & Conditions will affect your legal rights.
- If you are a business customer:
- We warrant that on delivery, and for a period of 3 months from the date of delivery (“Warranty Period”), any products purchased by you shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
- Subject to paragraph 8.2(c), if:
- you give us notice in writing during the Warranty Period within a reasonable time of discovery that a product does not comply with the warranty set out in paragraph 8.2(a) above;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product's failure to comply with the warranty in paragraph 8.2(a) if:
- you make any further use of such product after giving a notice in accordance with paragraph 8.2 (b)(i);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
- Except as provided in this paragraph 8.2, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in paragraph 8.2 (a).
- These Terms & Conditions shall apply to any repaired or replacement products supplied by us under paragraph 8.2(b).
- We warrant that on delivery, and for a period of 3 months from the date of delivery (“Warranty Period”), any products purchased by you shall:
- If you have purchased products from us as a consumer, to the extent not prohibited by law we accept no liability or responsibility for any of the following:
- 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;
- loss which arises when we are not at fault or in breach of these Terms & Conditions; and
- business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in paragraph 8.5.
- If you are a business customer these Terms & Conditions constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- If you are a business customer (subject to paragraph 8.6):
- except to the extent expressly stated in paragraph 8.2(a) all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded;
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products purchased from us.
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Products are intended for use in the UK only and we cannot confirm that the products we supply comply with any laws, regulations or other standard applicable outside the UK. All products are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the products.
- Termination
- We may suspend further supply or delivery, stop any products in transit or terminate our contract with you by notice in writing if you breach any obligation under these Terms & Conditions or you do not make any payment to us when it is due or you become unable to pay your debts as they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency or you do not, within a reasonable time, allow us to deliver the products to you.
- Upon termination, we shall be under no further obligation to supply the products. We will refund any money you have paid in advance for the 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 our becoming entitled to terminate the contract.
- Health & Safety
- By purchasing from us you acknowledge that you are aware of all health and safety requirements pertaining to the products and their application.
- By purchasing products from us you will assume full liability for the consequence of your actions and acknowledge that we are not obliged to report any misuse or abuse of the products purchased.
- Information about us and Contact Details.
- We are IAH Trading Limited trading as Country Smart. We are a company registered in England and Wales with company number 12978705. Our registered office is at Unit 3 Waterside Business Park, 1649 Pershore Road, Kings Norton, Birmingham, B30 3DR. Our registered VAT number is 364 3903 89.
- If you wish to make an order other than via our website, cancel or discuss your order, or make a complaint with respect to your order or product, please contact us by email at info@countrysmart.co.uk or by post at Country Smart, 1 Church Street, Stourbridge, West Midlands, DY9 0RX or by telephoning our customer service team at 0121 272 9440.
- Calls may be recorded for quality, monitoring and training purposes.
- Use of Personal Information
- We process information about you in accordance with our Privacy Policy. By using our website you consent to such processing and you warrant that the data provided by you is accurate.
- When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety (available at www.countrysmart.co.uk/privacy or phone on 0121 272 9440.
- Discount Vouchers
- Our discount vouchers and discount codes can be used on orders placed over the phone, online or by email.
- A discount voucher or code is only valid on full price items and cannot be used on sale or promotional items which are already discounted unless otherwise stated. Discount vouchers and discount codes cannot be used in conjunction with any promotional offers or discounts. A minimum spend may apply.
- You must enter the voucher code during the checkout process when placing your order online or quote the voucher code when placing your order by email or over the telephone, otherwise the discount will not be applied to your order.
- Only one discount voucher or code will be permitted per customer. Discount vouchers or codes can only be used by the intended recipient only, cannot be exchanged for cash or gift vouchers. only Only one discount voucher or code can be used during one transaction and may not be used multiple times, unless otherwise stated. Discount vouchers are not refundable and no change will be given.
- Vouchers or codes cannot be redeemed after the published expiry date.
- We reserve the right to reject any discount voucher or discount code at any time and to cancel a promotion at any time.
- You must not publish or distribute voucher codes.
- Events outside our control
- If things like strikes, wars, acts of terrorism or even small things like power cuts interfere with our business with you, we will do our best to keep things going. However, we will not be legally responsible to you for any failure which is due to these unexpected circumstances or any other situation outside our control.
- Other Important Terms
- We may transfer our rights and obligations under these Terms & Conditions to another organisation. We will ensure that the transfer will not affect your rights under your contract with us.
- You may only transfer your rights or your obligations under these Terms & Conditions to another person if we agree to this in writing.
- 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 & Conditions.
- Each of the paragraphs of these Terms and Conditions 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.
- If we do not insist immediately that you do anything you are required to do under these Terms & Conditions, 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 products, we can still require you to make the payment at a later date.
- Law
- These Terms & Conditions shall be governed by and construed in accordance with the law of England and Wales.
- if you are a consumer 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.
- If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.