VIKING

CONSUMER WEBSITE - SALES CONDITIONS

1^st APRIL 2009


 

ABOUT THIS DOCUMENT
 

What they cover

This document sets out the Viking Consumer Web Sale Conditions (referred to as the sale conditions).
 

Changes

We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our web site.  Those changes will not affect any orders you submitted before the change.
 

No Application To Catalogue Sales

Note that these sale conditions and the other terms and conditions on this site (including those relating to prices, delivery charges, delivery times and returns policies) are not the same as those which apply to purchases made from other web sites maintained by Viking or to Viking mail order or catalogue sales.

 

Statutory Rights

Nothing in these sale conditions, and no other term of the contract, will affect your statutory rights, including your rights under the Sale of Goods Act 1979 to seek a repair or replacement or to reject goods and seek a refund, if the goods you receive do not match their description or are not of the quality required by law.

 

ABOUT VIKING

Viking is a trading name of Office Depot International (UK) Limited, a company registered in England and Wales, with company number 2472621.  Our postal address is at 501 Beaumont Leys Lane, Beaumont Leys, Leicester, LE4 2BN.   References to Viking, we, us and our, are to Office Depot International (UK) Limited.

 

CONSUMER SALES ONLY

These sale conditions apply to all sales of goods by us to consumers through our web site, and shall apply to any orders you submit through our web site. If you are purchasing as a business, please visit our business web site.  If you submit an order through the consumer part of our site then you are undertaking that you are purchasing as a consumer and not for business purposes.

 

DEFINITIONS

In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web pages through which you ordered the goods, the descriptions and specifications of  the goods on our web site, and our e-mails to you acknowledging and/or accepting your order; the delivery charges means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping trolley and the checkout and other ordering pages generated by our web site and sent to your browsers specific to your orders; you and your means the person purchasing the goods from us; we, us, our and Viking mean Office Depot International (UK) Limited; the web site means our web site through which you ordered the goods; and working or business day means Monday to Friday, except bank or other public holidays.

 

Your order

Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance.  You are entitled to withdraw your offer at any time up to moment that we accept it.
 

Acceptance of your order

Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you.
 

Declining your order

If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons.  We will not normally accept any order until we have received pre-payment in full of the price, delivery charges, VAT and other amounts payable in respect of the order.  Other reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available.
 

Age Requirement

If you order a product with a minimum age requirement, by ordering you confirm that you are of the required age.

 

SALE AND PURCHASE

On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.

 

DESCRIPTION

The goods will be the make and model of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order.

 

CHARGES AND VAT

You agree to pay the price, delivery charges and any other charges stated in the ordering web pages, in accordance with the terms of the contract. The price and delivery charges are stated inclusive of value added tax.

 

Payment With Order

Unless credit terms have been agreed, payment of the price, delivery charges, any protection plus fee and all other amounts must be made with your order.
 

Payment Methods

We accept payment by MasterCard, Visa, Solo, Switch, and American Express, and such other cards as may be stated on our web site from time to time.  Payment is deducted when we process your order. If your payment cannot be authorised for any reason we will tell you.

 

Delivery Address

Delivery will be to the delivery address selected or provided by you in the ordering web pages.  If no address was selected, then delivery will to the address at which your payment card is registered, or to any other address you have provided.  Please note that we only deliver to premises located within the United Kingdom (including Northern Ireland).  If we deliver elsewhere then we my charge you our delivery costs.
 

Delivery Days

We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site (or if not specified, between 8am and 6pm).  Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery.  If you order after 12.00 p.m., please calculate your delivery time as if your order had been placed the following working day.
 

Delivery Timescales

We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages.  In any event, delivery will be no later than 30 days beginning with the day after we received your order. If we are not able to make a delivery date, we will let you know, and offer you an alternative delivery date.  If you do not accept this alternative date, or we fail to deliver by the agreed delivery date, then you will be entitled to cancel the contract and get a refund.
 

Instalments

We may make delivery of the goods by instalments, for instance where all of the goods are not in stock. This will not affect your rights to cancel or terminate the contract.
 

Failure to Receive the Goods

If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, then we may charge you our reasonable costs of returning the goods to the depot, our reasonable costs of storage, and our reasonable charge for re-delivering the goods at another time.  We will give you the option of collecting the goods from our depot or requesting further delivery attempts (at reasonable charge). We will store the goods for a maximum of 2 months, after which we may sell the goods and account to you for the proceeds less our reasonable storage costs.
 

Delivery Note

All deliveries must be signed for before our carrier will release them to you.  Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights.  Please make sure you keep the packing list enclosed with your goods, as this will be important if you are returning the goods later on.
 

Installation

Unless an installation services applies to the goods, you will be responsible for unpacking and installation of any goods.
 

Inspection on delivery

You should check that you have received all of the goods you ordered, and inform us as soon as you can if you think anything is missing or think anything is damaged or not in working order.
 

Risk

Risk in the goods shall pass to you on delivery.

 

Your right to cancel

You have a right under the Consumer Contracts (Distance Selling) Regulations 2000 to cancel the contract.   This right is in addition to your statutory rights to reject faulty or miss-described goods. You can exercise this right by giving us notice before you receive the goods, or by giving notice no later than 30 days after the day you received the goods. The law gives you 7 days, but Viking agrees to extend this to 30 days for your benefit.
 

11.2

When can I not cancel?

You are allowed to open the goods and try them out before cancelling, but you will not be able to cancel if:-

(a)

the goods were made to your specifications or are personalised to you; or
 

(b)

the goods cannot be returned by reason of their nature (for instance you have opened or used any pack of paper) or are liable to deteriorate or expire rapidly; or
 

(c)

the goods are software or audio or video products and you open any seals;  or
 

(d)

you sell the goods or give ownership of the goods to any other person.
 

11.3

How do I cancel?

If you wish to exercise your right to cancel then you can do this by one of the following methods:-

(a)

following the instructions for returns in the documentation supplied with your goods on delivery;
 

(b)

e-mailing us at customerserviceuk@vikingdirect.com, quoting your order reference number;
 

(c)

telephoning us on 0844 412 1111, with your order reference number to hand;
 

(d)

writing to us at 501 Beaumont Leys Lane, Beaumont Leys, Leicester, LE4 2BN quoting your order reference number.
 

Don't worry if you don't have your order reference number to hand; this won't affect your rights, but it will save time if you can quote it.
 

11.4

What must I do with the goods?

If you decide to cancel you must stop using the goods immediately and you must immediately return the goods to us at the address in the UK we specify.  We may in our discretion agree or decide to collect the goods from you,  or send to you a pre-paid package (e.g. a jiffy bag) to return the goods to us in.  In such event you must make the goods available on request and promptly return any goods using any such package. However, if we do not agree to do so, then you are responsible for arranging for bringing the goods to us yourself, or having the goods posted or couriered back to us. If you fail to return the goods to us, we may charge you our direct costs of collecting the goods from you. Until you return the goods to us you must keep hold of the goods and take reasonable care of them, and if you send the goods back to us you must take reasonable care to ensure that they are received by us and are not damaged in transit. You must also make reasonable efforts to retain and return to us at the same time all packaging, contents, documents, and other items supplied with or as part of the goods, including any free gifts.  If you are not able to do so for good reasons, this will not necessarily affect your right to cancel, but it may do so. If you are not able to return the goods in a condition consistent with your having taken reasonable care of them, or with all packaging and other items supplied with the goods, we may charge you for any reduction in value of the goods as a result.
 

11.5

When do I receive my refund?

If you decide to cancel, we will refund you within 30 days of the date that you cancel, any amounts you paid under the contract, less any direct costs in recovering the goods which we are entitled to charge you, and less any other amounts that we are entitled to charge you under this Clause 11.  We will not be required to refund any charge you paid for any extended cancellation period over that set out in this Clause 11.
 

12.

WARRANTY
 

12.1

Manufacturer's Warranty

We hereby assign to you the benefit of all warranties and guarantees provided to us by any manufacturer or supplier of the goods.  You are responsible for dealing directly with the manufacturer concerning claims under that warranty.
 

12.2

Statutory Rights

In addition, we do not exclude your statutory rights against us in relation to goods which do not conform to the contract at the time of delivery, which are in addition to any claim you may have under a manufacturer's warranty.  These are listed below for information purposes only:-

(a)

statutory rights : rejection and refund

If the goods were not in conformity with the contract at the time of delivery, you are entitled by law to reject the goods and claim a refund, provided you do this within a reasonable period of time after delivery.  We will normally expect to hear from you within 30 days after you received the goods, but this does not affect your right to claim that a reasonable time is more than 30 days.
 

(b)

statutory rights : repair or replacement

In addition, if the goods were not in conformity with the contract at the time of delivery, or if they do not conform to the contract within 6 months after delivery, you are also entitled to ask us to repair or replace the goods.   If repair or replacement is not possible or is disproportionate, or we fail to repair or replace the goods within a reasonable time at our cost, you may keep the goods and ask for a reduction in price, or cancel the contract and get a full refund.
 

(c)

statutory rights : financial compensation

Finally, if the goods were not in conformity with the contract at the time of delivery, you have a legal right to ask for financial compensation.

 

NO LIABILITY FOR BUSINESS LOSSES AND UNFORESEEABLE LOSSES

We shall not be liable to you (including under the contract or in negligence) for any for loss of profits or other business losses, or for any losses which were not foreseeable by us when the contract was made; but we do not limit or exclude any liability we may have to you for death or personal injury, loss or damage to property, for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract.

 

14

VIKING RIGHT TO CANCEL AND VARY

If:-
 

(a)

we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or
 

(b)

our web site and/or ordering web pages contained any error, including in relation to the  description or price of any of the goods; or
 

(c)

 if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
 

we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open.

 

15.1

Assignment by you

If after you have paid for the goods and they have been delivered to you, and you decide to sell the goods to someone else, you may sell with the goods the benefit (if it still exists) of your statutory rights (as referred to in Clause 12.2) in relation to the goods, but we shall be entitled to ask for reasonable written proof of the sale from any purchaser before we will be liable for any claims from any purchaser.  Your ability to transfer any manufacturer warranty or guarantee that comes with the goods is subject to the terms of that warranty or guarantee.  Except as permitted above, you may not transfer the benefit of the contract or any rights under it to anyone else without our prior written consent, and you may not transfer your cancellation right under Cause 11.
 

Assignment by Viking

We shall be entitled to assign the benefit of the contract and any debts under the contract.
 

15.3

Third Party Rights

The contract shall not benefit or be enforceable by any third party.
 

15.4

 Sub-contracting

We may sub-contract our obligations under the contract.
 

15.5

Invalid Terms

Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
 

15.6

Waivers
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
 

15.7

Law and Jurisdiction
The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction.
 

Stock Alert Textback

Viking does not charge you for text messages for our stock alert service.  Normal network charges may apply. We will only use your mobile number to update you about the product you have enquired about.

Age Restrictions

You need to be over 18 years of age to purchase from the Viking website.