One+All Limited trades as Greenbergs and Moda Per Cura.
Greenbergs & Moda Per Cura
Terms & Conditions of Sale
1. GENERAL AND INFORMATION ABOUT US AND OUR PRODUCTS
1.1. These Terms and Conditions apply to the supply by One+All Limited and purchase by you (“Customer” or “you”) of any Goods (as defined below) displayed for sale on the following websites (or brochures made available to you on these websites or via other methods):
1.1.1. greenbergs.co.uk
1.1.2. modapercura.com
(each being referred to below as a “Website” or “Websites” as the context requires).
1.2. We are One+All Limited, and operate each of the above Websites, and trade on those Websites as GREENBERGS and MODA PER CURA respectively. One+All Limited is a company registered in England and Wales under number 01072854 whose registered office is at Unit 1a Discovery Park, Crossley Road, Stockport, England, SK4 5DZ (the “Supplier” or “us” or “we”).
1.3. Contact and address details for the Greenbergs and Moda Per Cura divisions are set out below in clause 9 (Returns) and clause 16 (Complaints).
1.4. Please note the Moda Per Cura website is an online brochure website and if you wish to make an online Order for Goods on the Moda Per Cura website, you will be invited to visit the Greenbergs website for the purposes of processing your online Order for Moda Per Cura Goods.
1.5. By using our Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
1.6. You can find everything you need to know about us and our products on our Website, before you order. We also confirm the key information to you in writing before or after you order, either by email or in your online account.
1.7. We primarily sell to businesses who purchase Goods for personnel working in their businesses but acknowledge that some customers may occasionally buy in a personal capacity as a Consumer. Accordingly, these Terms and Conditions contain cancellation and related consumer rights that apply where the Customer buys as a Consumer. Nothing in these Terms and Conditions affects your statutory rights as a Consumer.
2. MEANING OF TERMS USED IN THE TERMS
2.1. Where the following words are used, they shall have the meanings described below:
“Consumer” means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
“Contract” means the legally-binding agreement between you and us for the supply of the Goods;
“Delivery Location” means the location where the Goods are to be supplied, as set out in the Order;
“Goods” means the workwear (and any other products) advertised on our Website or in our brochures that we supply to you of the number and description as set out in the Order;
“Order” means your order for the Goods as submitted following the step by step process set out on our Website;
“Privacy Policy” means the privacy policy on our Website which sets out how we will deal with confidential and personal information received from you via our Website;
“Website” means the website at greenbergs.co.uk or modapercura.com (as applicable) on which the Goods are displayed for sale.
3. GOODS
3.1. The description of the Goods is as set out in our Website including brochures. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
3.2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3. All Goods which appear on our Website are subject to availability.
3.4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4. PERSONAL INFORMATION
4.1. We retain and use all information strictly under our Privacy Policy.
4.2. We may contact you by telephone, e-mail or other electronic communication methods and by pre-paid post.
5. BASIS OF SALE
5.1. When an Order has been submitted on our Website or other method set out below, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2. Orders by Email: You can place an Order by email. Our email contact details are set out on the Website. The Customer shall ensure that the Order contains all information required by us.
5.3. Orders by Telephone: you can place an Order by telephone. Our telephone contact details are set out on the Website. For Orders that are placed during any telephone call between us and the Customer, we will record the details of the Order on behalf of the Customer based on telephone instructions of the Customer.
5.4. Acceptance of telephone and email Orders: Our acceptance of an Order placed by telephone or email takes place when we issue the Customer with an Order confirmation by email or otherwise in writing (or when we signify acceptance by performance of the Contract) at which point the Contract between us and the Customer comes into existence.
5.5. For online Orders, a Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (“Order Confirmation”).
5.6. The online Order process is set out on our Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the online ordering process correctly.
5.7. You must ensure that the Order Confirmation (and each order confirmation for email and telephone Orders) is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. You will receive the Order Confirmation within a reasonable time after making the Order, but in any event not later than the delivery of any Goods supplied under the Contract. No variation of the Contract, whether about description of the Goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
6. PRICE AND PAYMENT
6.1. The price of the Goods and any additional delivery or other charges is that set out on our Website at the date of the Order and shall be quoted at the checkout stage. The prices are inclusive of VAT where applicable unless stated otherwise. In the event a product is listed at an incorrect price due to a typographical error, we will notify you of the correct price and we will give you the choice of either purchasing the Goods at the correct price or cancelling your Order. If you confirm you want the Goods at the corrected price, we will deliver the Goods to you in accordance with these Terms and Conditions. If payment has been charged for the purchase of the Goods and you cancel your Order we will, on return of the Goods, issue a refund. Where you are buying as a Consumer, this does not affect your rights of cancellation set out below in clause 10.
6.2. Prices and charges include VAT at the rate applicable at the time of the Order.
6.3. Unless agreed otherwise by us, you must pay for the Goods by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
7. DELIVERY
7.1. We will deliver the Goods to the agreed Delivery Location. We will endeavour to deliver within approximate delivery times described below, save as notified to you otherwise prior to acceptance of the Order, and in any event, not more than 30 days after the day on which the Contract is entered into:
7.1.1. Delivery is approximately 5 – 7 working days from acceptance of Order and longer periods (10-15 working days) apply for personalised, bespoke or embroidered Goods (in all cases subject to stock availability).
7.1.2. Delivery costs are as follows unless and to the extent specified otherwise on our Website or notified to you prior to acceptance of Order:
For Consumers: £6.95 with free delivery for orders over £75.
For business Customers: £6.95 with free delivery for Orders with a value exceeding £500
7.2. When your Order has been shipped, you will receive a shipping email advising you that your Order has been despatched.
7.3. Where you have an account, you can log in to your account to check the status of your Order at any time.
THE FOLLOWING PROVISIONS (CLAUSES 7.4 TO 7.6 INCLUSIVE) APPLY ONLY IF YOU ARE A CONSUMER
7.4. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
7.4.1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
7.4.2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
7.5. If you treat the Contract at an end under sub-clause 7.4, we will (in addition to other remedies) promptly return all payments made under the Contract, but this will not include original delivery charge paid where the free option was available to you.
7.6. If you were entitled to treat the Contract at an end, but do not do so, this will not affect your other rights to cancel the Contract as set out below in clause 10.
THE FOLLOWING PROVISIONS (CLAUSES 7.7 TO 7.10 INCLUSIVE) APPLY TO ALL CUSTOMERS
7.7. If you fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
7.8. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
7.9. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
7.10. We will not deliver Goods until we receive payment, unless you have a credit account and we have agreed otherwise. You do not own the Goods until we have received payment in full and the Goods have been delivered.
8. YOUR RIGHT TO WITHDRAW YOUR ORDER
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
9. RETURNS POLICY
9.1. If you wish to return the Goods for any reason, you must return the Goods to us in their original condition, unwashed, unworn and with no name tags applied, within 14 days of delivery. Please enclose a copy of your packing slip or provide details of your Order. If you are returning because of incorrect size, and wish to buy replacement Goods, we do not offer an exchange service so you must reorder through the store on our Website if you require an alternative size. If you are buying as a Consumer, this right does not affect your rights of cancellation set out below in clause 10, or any of your statutory rights. We do not accept returns of embroidered or personalised Goods.
9.2. Please return your item (for Greenbergs and Moda Per Cura) to the following address. You should obtain and keep proof of postage as we cannot refund items that we do not receive. Please allow 14 - 21 days for the process of your return and refund.
ONE+ALL LIMITED T/A GREENBERGS OR MODA PER CURA
UNITY PLACE,
WATERSIDE,
HADFIELD,
NR GLOSSOP,
SK13 1FN
10. RIGHT TO CANCEL (CONSUMER ONLY)
10.1. Subject as stated in these Terms and Conditions, if you are buying Goods as a Consumer, you can cancel this Contract within 14 days without giving any reason.
10.2. The cancellation period will expire after 14 days from the day on which you take delivery of the Goods.
10.3. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement setting out your decision (e.g. by email to our email address in clause 16). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
10.4. You can submit the model cancellation form or any other clear statement of your decision to cancel the Contract on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in electronic form (e.g. by email) without delay.
10.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.6. This cancellation right does not apply if you are buying the Goods as a business (not as a Consumer) and does not apply in respect of embroidered or personalised Goods.
11. EFFECTS OF CANCELLATION IN THE CANCELLATION PERIOD (CONSUMER ONLY)
11.1. Reimbursement. Except as set out below, if you cancel this Contract under clause 10, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
11.2. Deduction for Goods supplied. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
11.3. Timing of reimbursement. We will make the reimbursement without undue delay, and not later than:
11.3.1. 14 days after the day we receive back from you any Goods supplied, or
11.3.2. 14 days after the day you provide evidence that you have sent back the Goods.
11.4. If no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
11.5. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
12. RETURNING GOODS (CONSUMER ONLY)
12.1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at our address in clause 9.2 without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract.
12.2. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods where you have exercised your right to cancel.
13. CONFORMITY
13.1. Upon delivery, we will ensure that the Goods will:
13.1.1. be of satisfactory quality;
13.1.2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
13.1.3. conform to their description.
14. DELIVERED INCORRECT OR DAMAGED GOODS
In the event that you receive Goods which were not what you ordered, damaged or defective on delivery, we will replace or repair any damaged or defective goods, or refund to you the amount paid, provided that you notify us of the problem by email within 3 working days of delivery. If you are a Consumer, this does not affect your statutory rights including your right to return Goods under clause 12.
Greenbergs: theteam@greenbergs.co.uk
Moda Per Cura: sales@modapercura.com
This does not affect your statutory rights should Goods prove to be faulty or defective after initial acceptance.
15. FAULTY ITEMS
15.1. We monitor quality of stock on an ongoing basis and make our best efforts to ensure that it conforms to its description, is of a satisfactory quality and is fit for purpose in accordance with our obligations set out in clause 13. In some cases, we may seek further advice from a manufacturer to ascertain if the item has a manufacturing fault, and we may return the item to them for their comments. We will make sure this is done in a reasonable time and we reach a conclusion as soon as possible. Items that are used and are within a 6-month period of purchase, that you feel have developed a fault will be inspected and, unless we are satisfied that they were not faulty when delivered, will be refunded to the value when purchased. We do not accept any returns beyond this period of time, save to the extent your statutory rights as a Consumer apply.
15.2. If you return any Goods, you must enclose a COPY OF THE INVOICE or PROOF OF PURCHASE and a RETURNS FORM explaining the reason for the return. If you do not include all of the necessary paperwork the refund or replacement of your Goods may be delayed or not completed. All Goods must be returned in a clean unsoiled condition. For health and safety reasons we cannot inspect and process any goods that are returned in a soiled condition.
16. COMPLAINTS PROCEDURE AND NOTICES
In the event that we fail to meet our high standards of customer service, please contact us by email as specified below and we will do our very best to deal with your complaint as soon as possible, and make every effort to reach a satisfactory conclusion on your behalf. We aim to reply within 48 business hours.
Greenbergs: theteam@greenbergs.co.uk
Moda Per Cura: sales@modapercura.com
17. CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
17.1. In the event of any failure by us because of something beyond our reasonable control (such as power failure, flood, fire, storm or failure of our suppliers):
17.1.1. we will advise you as soon as reasonably practicable if this will adversely affect you; and
17.1.2. our obligations will be suspended so far as is reasonable, provided that we act reasonably, and will not be liable for any failure which we could not reasonably avoid, but this will not affect your rights relating to delivery and any right to cancel.
18. PRIVACY
18.1. Your privacy is critical to us. We respect your privacy and comply with all applicable data protection laws with regard to your personal information.
18.2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy https://www.greenbergs.co.uk/privacy-policy.
18.3. For the purposes of these Terms and Conditions:
18.3.1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR and Data Protection Act 2018.
18.3.2. 'GDPR' means the UK General Data Protection Regulation.
18.3.3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
18.4. We are a Data Controller of the Personal Data we Process in providing Goods to you.
18.5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
18.5.1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
18.5.2. we will only Process Personal Data for the purposes identified;
18.5.3. we will respect your rights in relation to your Personal Data; and
18.5.4. we will implement technical and organisational measures to ensure your Personal Data is secure.
18.6. For any enquiries or complaints regarding data privacy, you can e-mail:
Greenbergs: theteam@greenbergs.co.uk
Moda Per Cura: sales@modapercura.com
19. PAYMENTS/SECURITY
19.1. We accept payment by Credit Card, Debit Card and PayPal. We will not process any Order until we receive confirmation of payment, or you have an appropriate credit account.
19.2. Your Payment Card is debited at the time of placing your Order and sometimes a password may be asked for. This is an additional security measure requested by your card provider.
20. EXCLUDING LIABILITY
20.1. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations; or any other liability that cannot be excluded by applicable law.
20.2. Subject to clause 20.1, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) economic loss (eg loss of profit or business) to the Customer's business, trade, craft or profession whether direct or indirect.
20.3. If you are buying as a business (and not as a Consumer) our liability to you in relation to each Contract shall not exceed the price paid for the Goods purchased, save for liability that cannot be excluded as described in clause 20.1
21. GENERAL
21.1. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
21.2. Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
21.3. We can transfer our Contract with you, so that a different organisation is responsible for supplying your Goods. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the Contract.
22. GOVERNING LAW AND JURISDICTION
22.1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
22.2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
Model Cancellation Form
To
One+All Limited (Trading as Greenbergs/Moda Per Cura)
UNITY PLACE,
WATERSIDE,
HADFIELD,
NR GLOSSOP,
SK13 1FN
I/we[*] hereby give notice that I/we[*] cancel my/our [*] contract of sale of the following goods ordered on [*]/received on (date received) [*]:
Goods:
Name of consumer(s):
(Address of consumer(s)):
Signature of consumer(s) (only if this form is notified on paper)
Date
|*] Delete as appropriate.