Stable & Able Pvt Ltd:
CONSUMER TERMS OF SALE – PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE:
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Stable & Able Limited, whose registered office is at 2nd Floor Patman House, 23-27 Electric Parade, George Lane, South Woodford, London, E18 2LS, registered in England and Wales No. 4241355 (the “Supplier”).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 3.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
4.8 Stable & Able can accept no responsibility if any delivery details you provide us with are incorrect or if any order is held up as a result of incorrect details. Customers are also responsible for ensuring that any order acknowledgements are complete and accurate.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, fax or email, giving details of the goods ordered and (where appropriate) their delivery.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is consumable goods (for example incontinence products) which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or fax number shown below within 14 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Prodcut Images:
Product images are for illustrative purposes only and may differ from the actual product.
12. Refund Policy
We hope that you are happy with your purchases, but if for some reason you wish to return them, here are our guidelines:
You have 7 days from the day you receive your order in which to return all or part of it for a full refund.
All online Sale items are refundable, but these must be returned within 7 days of receipt.
We are more than happy to process a full refund on all items so long as they are returned in an unworn and undamaged condition.
12.1. How do I return my order?
Your order will have enclosed paperwork that explains how and where to return your order.
You will need to fill out the enclosed Returns Form stating your reason for return. Please take the time to fill this in carefully as your feedback is extremely important to us.
Carefully wrap your items and if possible re-use the original packaging to return your goods.
Attach the supplied address label to your package and return to the following address using a trackable postage option:
Stable & Able
43-45, Kingston Hill
Kingston Upon Thames
Surrrey KT2 7PS
Tel: 020 31660060
We highly recommend using a Recorded or Special Delivery service as we will not be able to refund items lost in the post. Please retain your proof of postage as this lists your Track and Trace reference.
12.2. How long will it take for you to process my return?
We aim to refund your returns as quickly as we dispatch them, but during busy periods especially at the beginning of a new season this may not always be possible. We will make sure that all returns are refunded within or up to 30 days of receipt by us. Once your refund has been processed you will receive a confirmation by email.
12.3. Do you refund the initial delivery cost to me when I make a return?
No. We do not refund any delivery charges. We will only refund your postage costs if you are returning an item that is either deemed to be faulty or if we have mistakenly sent you the incorrect item.
12.4. Most online companies offer free returns, why don’t you?
Not all companies offer free returns for their customers and those that do have to increase the costs of their goods to accommodate this. At Stable & Able we would rather keep the costs of our items down rather than increasing their value. If you are unable to return your goods to a store you will need to cover the cost of the return postage yourself.
12.5. Is the online Returns policy the same as the Returns policy in your stores?
Because our online service complies with the Distance Selling Regulations , items purchased in our branches are subject to a different Returns Policy and it is advisable ask about these prior to purchase in store.
12.6. Can I return my online purchases to a branch of Stable & Able for a refund?
Yes you can. You can return any of your items to any branch of Stable & Able for a full refund as long as it is within 14 days of receipt of the order on full priced items and 7 days for Sale goods. You will need to take the paperwork that accompanied your order with you to the store as proof of purchase. We will also ask you to fill out the ‘reason for return’ form on the Returns note as this essential feedback helps us improve our service to you.
12.7. When my refund is processed at a Stable & Able store can I get a cash refund even though I paid by credit card?
No. All purchases made online will only be refunded back on to the credit card used in the original transaction.
12.8. What is your refund policy for goods bought in Sale?
All sales items purchased online or by phone are refundable but must be returned within seven day of receipt, in an unworn ‘as new’ condition. All items will be refunded at the price actually paid. If you have any queries regarding returning sale items, please called Customer Services on 020 31660 060
12.8.Can I return Sale items bought online to Stable & Able stores?
Online/phone purchases can be returned to Stable & Able stores as long it is within the 7 days of receipt. Such items returned to stores must be accompanied by their proof of purchase (original dispatch paperwork).
Please note that we are unable to refund or credit note sale items purchased in-store but can provide an exchange instead.
12.9. How do I cancel my order under the distant selling regulations?
Under the UK Distance Selling Regulations, you have 7 working days from the day after you receive your goods to cancel the contract for your order with Stable & Able online.
In this case we will issue you with a full refund including any postage charges paid at time of order however you will need to return the entire order at your cost if you have already received it. In all cases, the goods must be in their original condition and unworn. Your refund will usually be processed within 14 days upon receipt but please allow up to 30 days during busy periods.
If you decide to cancel your order with Stable & Able online you must let us know in writing by email or fax within 7 days from the day after you receive your goods and quote your order number and full name. Please contact us on the details below:
Fax: 020 3166 0063
Faxes must be made for the attention of Stable & Able Online.
The goods must then be returned to Stable & Able ’s distribution centre in Kingston based on the step process provided on the returns form dispatched with your order.top