Terms and Conditions
1.1. What these terms cover. These are the terms and conditions on which we supply SoClean products 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 SoClean 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 SoClean Inc. a company registered in Massachusetts, U.S.A. Our company number is 001057119 and our address is 12 Vose Farm Road, Peterborough, New Hampshire, 03458, U.S.A. Our registered VAT number is GB295741074.
2.2. How to contact us. You can contact us by telephoning our customer service team at 44 800 538 5040, by emailing us at careteamuk.com or by writing to us at 12 Vose Farm Road, Peterborough, New Hampshire, 03458, U.S.A.
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.
3.1. How we will accept your order. Our acceptance of your order will take place when we email you our acceptance or confirmation, at which point a contract will come into existence between you and us.
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 SoClean product. This might be because the SoClean product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the SoClean product
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.
If you wish to make a change to the SoClean products you have ordered please contact us. 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 SoClean product 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).
5.1. Minor changes to the SoClean products. We may change the SoClean product:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements, for example to improve a safety feature. These changes will not materially affect your use of the SoClean product.
5.2. More significant changes to the SoClean products and these terms. In addition, as told to you over the telephone, we may make changes to these terms or the SoClean product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any SoClean products paid for but not received.
6.1. Delivery costs. The costs of delivery will be as told to you over the telephone.
6.2. When we will provide the SoClean products. During the order process we will let you know when we will provide the SoClean products to you. We will deliver them to you as soon as reasonably possible and in any event we will contact you with an estimated delivery date, 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 SoClean products is delayed by an event outside our control then we will contact you 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 SoClean products you have paid for but not received.
6.4. If you are not at home when the SoClean product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the SoClean products from a local depot.
6.5. If you do not re-arrange delivery. If you do not collect the SoClean products after a failed delivery or 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. When you become responsible for the goods. A SoClean product which is goods will be your responsibility from the time we deliver the SoClean product to the address you gave us.
6.7. When you own goods. You own a SoClean product which is goods once we have received payment in full.
6.8. 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 SoClean products to you, for example, your delivery address. If so, this will have been stated in the description of the SoClean products on our website. We will contact you to ask for this information. 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 SoClean 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. Your rights to end the contract
7.1. Ways you can 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, and when you decide to end the contract:
7.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the SoClean product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
7.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3. If you have just changed your mind about the SoClean product, 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;
7.1.4. In all other cases (if we are not at fault and there is no right to change your mind).
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 7.2.1 to 7.2.4 below the contract will end immediately and we will refund you in full for any SoClean products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1. we have told you about an upcoming change to the SoClean product or these terms which you do not agree to (see clause 5.2);
7.2.2. we have told you about an error in the price or description of the SoClean product you have ordered and you do not wish to proceed;
7.2.3. there is a risk that supply of the SoClean products may be significantly delayed because of events outside our control; or
7.2.4. you have a legal right to end the contract because of something we have done wrong.
7.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most SoClean 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.
7.4. Our guarantee. Please note, these terms reflect the guarantee offered by SoClean of 12 Vose Farm Road, Peterborough, New Hampshire, 03458, U.S.A. to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This guarantee does not affect your legal rights in relation to faulty or misdescribed SoClean products (see clause 10.2):
|Right under the Consumer Contracts Regulations 2013||How our guarantee is more generous|
|14 day period to change your mind.||30 day period to change your mind.|
7.5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 30 days after the day you (or someone you nominate) receives the goods, unless:
7.5.1. 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.
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:
8.1.1. Phone or email. Call customer services on 44 800 538 5040 or email us at careteamuk.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2. Online. Complete the model cancellation form listed as Schedule 1 herein on our website.
8.1.3. By post. Print off the model cancellation form listed as Schedule 1 and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2. Returning SoClean products after ending the contract. If you end the contract for any reason after SoClean products have been dispatched to you or you have received them, you must return them to us by posting them back to us at 12 Vose Farm Road, Peterborough, New Hampshire, 03458, U.S.A. Please call customer services on 44 800 538 5040 or email us at soclean.com/contact for a return label. If you are exercising your right to change your mind you must send off the SoClean products within 14 days of telling us you wish to end the contract.
8.3. When we will pay the costs of return. We will pay the costs of return:
8.3.1. if the SoClean products are faulty or misdescribed;
8.3.2. if you are ending the contract because we have told you of an upcoming change to the SoClean product 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. How we will refund you. We will refund you the price you paid for the SoClean products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
8.5.1. 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.
8.5.2. 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 SoClean product within 3-5 days at one cost but you choose to have the SoClean product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6. 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 then:
8.6.1. If we have not offered to collect the SoClean products, your refund will be made within 14 days from the day on which we receive the SoClean product back from you or, if earlier, the day on which you provide us with evidence that you have sent the SoClean product back to us. For information about how to return a SoClean product to us, see clause 8.2.
8.6.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9.1. We may end the contract if you break it. We may end the contract for a SoClean product at any time by writing to you if:
9.1.1. you do not provide us with correct information that is necessary for us to provide the SoClean products, for example, delivery address; or
9.1.2. you do not, within a reasonable time, allow us to deliver the SoClean products 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 SoClean 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.
10.2. How to tell us about problems. If you have any questions or complaints about the SoClean product, please contact us. You can telephone our customer service team at 44 800 538 5040, email us at soclean.com/contact or write to us at 12 Vose Farm Road, Peterborough, New Hampshire, 03458, U.S.A.
10.3. Your obligation to return rejected SoClean products. If you wish to exercise your legal rights to reject SoClean products under this clause 10, you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 44 800 538 5040 or email us at soclean.com/contact for a return label or to arrange collection.
11. Price and payment
11.1. Where to find the price for the SoClean product. The price of the SoClean product (which includes VAT) will be the price as told to you over the telephone. We take all reasonable care to ensure that the price of the SoClean 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 SoClean product 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 SoClean product, we will adjust the rate of VAT that you pay, unless you have already paid for the SoClean product 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 our best efforts, some of the SoClean products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the SoClean 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 SoClean 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. 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.
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 employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the SoClean products including the right to receive SoClean products which are as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and for defective SoClean products under the Consumer Protection Act 1987.
12.3. We are not liable for business losses. We only supply the SoClean products for domestic and private use. If you use the SoClean 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.
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 contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for SoClean products not provided.
14.2. You need our consent to transfer your rights to someone else (except that you can 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. However, you may transfer our guarantee at clause 7.4 to a person who has acquired the SoClean product.
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, except as explained in clause 14.2 in respect of our guarantee. 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 SoClean products, 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 SoClean products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the SoClean products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the SoClean products in either the Northern Irish or the English courts.
14.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to uou can submit a complaint to the Consumer Ombudsman via their website at https://www.ombudsman-services.org/sectors/consumer. The Consumer Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
(Complete and return this form only if you wish to withdraw from the contract)
To SoClean Inc., 12 Vose Farm Road, Peterborough, New Hampshire, 03458, U.S.A., 44 800 538 5040, careteamuk.com.
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),
[*] Delete as appropriate
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