Terms and conditions for the supply of goods
Please read the following important terms and conditions before you buy anything on our website and check that you are happy to agree to them all and there is nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your goods are faulty, you can get a refund;
up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘We’, ‘us’ or ‘our’ means So & Mo Limited; and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
• Email: email@example.com (emails are monitored and responded to between Monday to Friday: 9 am to 5 pm), or
• Telephone: 0161 768 2191 (lines are open Monday to Thursday: 10 am to 2 pm).
Do you need extra help?
If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are So & Mo Limited, a company registered in England and Wales under company number: 12769992.
Our registered office is at: Heath Farm, Heath Lane, Allostock, Knutsford WA16 9JE.
We trade from our registered office.
Our VAT number is: 356585069.
The details of this contract will not be filed with any relevant authority by us.
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 You may only buy goods from our site for non-business reasons.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any goods you also agree to be legally bound by:
1.4.1 our website terms and conditions and any documents referred to in them;
1.4.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend
to do this by giving you one month’s notice, unless the change is required immediately for valid reasons in which case we will notify you as soon as reasonably possible; and
1.4.3 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods, or they will be contained in the bespoke plan documentation provided to you if placing an order for goods under a subscription plan for a plot of 800m2 or above.
All of the above documents form part of this contract as though set out in full here.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is contained within these terms, the product descriptions on our website (or bespoke plan documentation if placing an order for goods under a subscription plan for a plot of 800m2 or above) and within the acknowledgement email (see clauses 4.3 and 5.3).
2.2 If you are unsure about any of the key information provided to you, contact us using the contact details at the top of this page.
2.3 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.4 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
4 Ordering goods from us – ‘one off’ order
4.1 Below, we set out how a legally binding contract between you and us is made when you make a one-off order for goods.
4.2 You place an order on the site by ‘checking out’ the contents of your online basket, which requires you to provide us with payment details and a delivery address. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.
4.3 When you place your order at the end of the online checkout process (eg when you click on the ‘complete’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.4.1 the goods are unavailable;
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the goods from us;
4.4.4 we are not allowed to sell the goods to you;
4.4.5 you have ordered too many goods; or
4.4.6 there has been a mistake on the pricing or description of the goods.
4.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.5.1 a legally binding contract will be in place between you and us; and
4.5.2 we will dispatch the goods to you.
4.6 If you are under the age of 18 you may buy any goods from the site.
5 Ordering goods from us - subscription plan order
5.1 Below, we set out how a legally binding contract between you and us is made when you make an order for goods through one of our subscription plans.
5.2 You subscribe to one of our subscription plans by ‘checking out’ the appropriate plan in your online basket, which requires you to provide us with payment details and a delivery address. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.
5.3 When you place your order at the end of the online checkout process (eg when you click on the ‘complete’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that an order for any particular goods has been accepted.
5.4 Prior to the first goods being sent to you as part of the subscription plan we will send you an email to confirm and accept your order (Confirmation Email). At this point:
5.4.1 a legally binding contract will be in place between you and us; and
5.4.2 we will dispatch the goods to you.
5.5 If you are under the age of 18 you may buy any goods from the site.
6 Right to cancel
6.1 You have the right to cancel this contract within 14 days without giving any reason.
6.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this contract. You may use the model cancellation form available here , but it is not obligatory.
6.4 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.
7 Effects of cancellation under clause 6
7.1 If you cancel this contract within the cancellation period in accordance with clause 6, 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).
7.2 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.
7.3 We will make the reimbursement without undue delay, and not later than:
7.3.1 14 days after the day we receive back from you any goods supplied; or
7.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
7.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.6 If you have received goods:
7.6.1 you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
7.6.2 you will have to bear the direct cost of returning the goods; and
7.6.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8 Duration of the subscription contract
8.1 You can cancel or upgrade your subscription order at any time. A cancellation or upgrade notice will not affect any orders for goods under your subscription plan for which you have already received a Confirmation Email (unless you are cancelling under clause 6 prior to or within 14 days or receiving your first good).
8.2 If you cancel your subscription order and have paid for a full 12 month service on an annual billing cycle we will reimburse you a pro rata amount in respect of any goods that you have not received within the applicable 12 month period at the point of cancellation.
8.3 We may immediately suspend the provision of goods under the contract and / or end the contract at any time by giving you notice if:
8.3.1 we cannot authorise your payment;
8.3.2 you breach these conditions;
8.3.3 we have reasonable grounds to suspect fraud or any other illegal or restricted activity.
9.1 The price of goods purchased in a one-off order will be the price as detailed on our website on the date of your order.
9.2 The initial price of the goods when you purchase one of our subscription plans will be the price as detailed on our website on the date of your order or as detailed in the bespoke plan documentation provided to you if placing an order for goods under a subscription plan for a plot of 800m2 or above.
9.3 We can increase the price of our subscription plans at any time by giving you at least 30 days notice. We will give you notice of an increase to the subscription price by email.
9.4 The price of the goods:
9.4.1 is in pounds sterling (£)(GBP);
9.4.2 includes VAT at the applicable rate; and
9.4.3 does not include the cost of delivering the goods if placing a one-off order, but does include the cost of delivering the goods if purchasing one of our subscription plans.
10.1 We use UPS to deliver our goods.
10.2 Once you have purchased a subscription plan the goods will be delivered to you automatically without any further action required by you. Deliveries under a subscription plan are made in February, April, July and October.
10.3 The estimated dates for delivery of the goods are set out in the Confirmation Email (see clauses 4.5 and 5.4).
10.4 If something happens which:
10.4.1 is outside of our control; and
10.4.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
10.5 Delivery of the goods will take place when we deliver them to the address that you gave to us.
10.6 Unless you and we agree otherwise, if we cannot deliver your goods within 45 days of the estimated delivery date, we will:
10.6.1 let you know;
10.6.2 cancel your order; and
10.6.3 give you a refund.
10.7 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
10.8 We do not make deliveries to any addresses outside of the UK.
11.1 We accept the following credit cards and debit cards: Mastercard, VISA, American Express. We do not accept cash.
11.3 Your credit card or debit card will only be charged on each occasion that goods are due to be dispatched. If you have purchased a subscription plan on a quarterly payment cycle payments will be taken on or around: 1 January, 1 April, 1 July and 1 October. If you purchase a subscription plan during January, February, April, July or October then the first payment will be taken at the point of purchasing the plan and then in accordance with the quarterly payment cycle thereafter.
11.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
11.4.1 Verified by Visa: www.visa.com.ng/pay-with-visa/security-and-assistance/verified-by-visa.html;
11.4.2 Mastercard®SecureCodeTM: www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html; or
11.4.3 American Express SafeKey: https://www.americanexpress.com/uk/security/safekey/.
11.5 If your payment is not received by us and you have already received the goods, you:
11.5.1 must pay for such goods within 30 days; or
11.5.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
11.6 If your payment is not received by us and we have not yet sent you the goods, we can suspend provision of the goods to you without giving you notice
11.7 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
11.8 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 6 and 7.
12 Nature of the goods
12.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
12.1.1 are of satisfactory quality;
12.1.2 are fit for purpose; and
12.1.3 match the description, sample or model.
12.2 We must provide you with goods that comply with your legal rights.
12.3 The packaging of the goods may be different from that shown on the site.
12.4 Any goods sold:
12.4.1 at discount prices;
12.4.2 as remnants; or
12.4.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
12.5 If we can’t supply certain goods (such as a particular spreader) we may need to substitute them with alternative goods of equal or better standard and value. In this case:
12.5.1 we will let you know if we intend to do this but this may not always be possible; and
12.5.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
13 Faulty goods
13.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
13.1.1 contact us using the contact details at the top of this page; or
13.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
13.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
13.3 Please contact us using the contact details at the top of this page, if you want:
13.3.1 us to repair the goods;
13.3.2 us to replace the goods;
13.3.3 a price reduction; or
13.3.4 to reject the goods and get a refund.
14 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
15 Limit on our responsibility to you
15.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
15.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) that were not caused by any breach on our part;
(c) were caused by you tampering with the goods, your negligence, as a result of your failure to follow the instructions provided by us with the goods, or as a result of you having purchased a plan that is not appropriate for the size of your lawn;
15.1.2 business losses; and
15.1.3 losses to non-consumers.
16.1 We will try to resolve any disputes with you quickly and efficiently.
16.2 If you are unhappy with:
16.2.1 the goods;
16.2.2 our service to you; or
16.2.3 any other matter,
please contact us as soon as possible.
16.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
16.3.1 let you know that we cannot settle the dispute with you; and
16.3.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr .
16.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
16.5 The laws of England and Wales will apply to this contract.
17.1 Where we are required to give you any notice in writing under this contract we can give you this notice by:
17.1.2 email; or
17.2 We will send notices using the contact details that you have given to us and a notice sent to contact details that we hold for you at the time will be deemed to be valid service. You are responsible for ensuring that the contact details that we hold for you are accurate and up to date
18 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.