The Scanner Shop Terms & Conditions for the sale of goods
We are the Document Management Group Limited and The Scanner Shop is our e-commerce website (www.thescannershop.com (the Site)) for the sale of scanners and accompanying electrical goodsproducts (the Products).
These are the terms and conditions on which we supply the products listed on our Site to you.
1 These Terms and what they cover
1.1 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the 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 or they require any changes, please contact us to discuss.
1.2 By ordering Products from our Site you agree to be bound by these Terms and that they form the basis of the Contract between you and us for the supply of the Products.
1.3 In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
- 1.3.1 You are an individual;
- 1.3.2 You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 [Provisions specific to consumers only are in blueclauses 8.2, 9.3, 9.6, 12.2, 13 and 17.6 and those specific to businesses only are in red.][Provisions specific to consumers only are in clauses [.] and those specific to businesses only are in clauses [clauses 1.5, 6.6, 12.3, 12.6, 14 and 17.7.]]
1.5 If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
1.6 In these Terms you or your means the person whose details are set out in the order submitted to our site.
2 Who we are and how to contact us
2.1 We are the Document Management Group Limited (we, us, our, the Document Management Group), a company registered in England and Wales.
Our company registration number is 05210023 and our registered office is at 2a Swordfish Business Park, Swordfish Close, Higgins Lane, Burscough, Lancashire, England, L40 8JW.
2.2 You can contact us by emailing us at firstname.lastname@example.org or writing to us at The Document Management Group Limited, Matrix Way, Chorley, Lancashire, PR7 7ND.
2.3 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.
3 Our Contract with you
3.1 Please check your order carefully and correct any errors before completing the checkout process and placing your order (your Order).
3.2 [When you place your Order, we will acknowledge it by email. This acknowledgement does not however mean that your Order has been accepted.]
3.3 If we are unable to accept all or part of your Order we will:
- 3.3.1 contact you to say that we are unable to accept your Order in whole or part: and
- 3.3.2 not charge you for: (a) the Products that we are unable to accept your Order for (where we are unable to accept part of your Order); or (b) any of the Products in your Order (where we are unable to accept your entire order);
- 3.3.3 and where a charge has been taken, we will refund the relevant amount taken from your payment method in respect of the Products we are unable to accept your Order for.
3.4 We may be unable to accept your order for the following reasons:
- 3.4.1 the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for;
- 3.4.2 a credit reference we have obtained for you does not meet our minimum requirements;
- 3.4.3 we cannot authorise your payment;
- 3.4.4 we have identified an error in the price or description of the Product; or
- 3.4.5 we are unable to meet a delivery deadline you have specified.
3.5 Our acceptance of your Order will take place when we email you to accept it (our Order Confirmation), at which point a contract will come into existence between you and us for the supply of the Products as set out in our Order Confirmation (Contract). If you think any information in our Order Confirmation is wrong, please contact us promptly to let us know.
3.6 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.
3.7 We reserve the right to only accept orders from people who are over the age of 18.
4 Our Products
4.1 Products may vary from the pictures on our site - The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
5.1 Your rights to make changes to your Order - If you wish to make a change to the 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 Products, the timing of supply 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 8 - Your rights to end the Contract).
5.2 Our rights to make changes –– We may change the product:
- 5.2.1 to reflect changes in relevant laws and regulatory requirements; and/or
- 5.2.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.
6 Price and payment
6.1 Where to find the price for the Product - The price of the Products (which includes VAT) will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Products advised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order.
6.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.3 Incorrect pricing - It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the 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 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 Products provided to you.
6.4 We accept payment by most major credit or debit cards (your Payment Method). These are processed online using the Braintree & Paypal secure payment service (the Payment Service) which will either authorise your Payment Method immediately, or require further validation in order to proceed to process your payment. We are committed to protecting the security of all of our customers and we may contact you to request further validation of your details.
6.5 Your Order will only be dispatched once your Payment Method has been approved and we have received the full price of your Products in cleared funds.
6.6 If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.7 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date at the rate of 4% a year above the base lending rate of the Bank of England from time to time.
7 Delivery of the products
7.1 The costs of delivery will be as displayed to you on our Site and will depend on the method of delivery
you have chosen.
7.2 Delivery options - Where you have chosen and paid for:
- 7.2.1 UK Next Day Mainland Delivery: your Products will be delivered the next business day should you place your Order before 2pm. For Orders placed after 2pm, your Order will be delivered on the second business day. For Orders placed after 2pm on a Friday, Products shall be delivered the following Tuesday (or the following business day should such Tuesday not be a business day);
- 7.2.2 Northern Ireland, British Isles and Channel Islands: your Products will be delivered within four business days.
7.3 For further delivery options, for example to Europe or internationally, please contact us.
7.4 Delivery is not available on Saturdays & Sundays, bank holidays, Christmas Day, Boxing Day and New Year’s Day.
7.5 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible 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 Products you have paid for but not received.
7.6 If no one is available at your address to take delivery of the Products and the Products cannot be posted through your letterbox, a courier will leave you a note informing you of how to rearrange delivery.
7.7 If you do not collect the Products from us as arranged or if, after a failed delivery to you, 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 10.2 will apply.
7.8 Your legal rights if we deliver Products late –– You have legal rights if we deliver Products late. If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following apply:
- 7.8.1 we have refused to deliver the Products;
- 7.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 7.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 Setting a new date for delivery - If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
7.10 Ending the Contract for late delivery - If you do choose to treat the Contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please
contact us to arrange collection.
7.11 Your responsibility for the Products - The Products will be your responsibility from the time we deliver them to the address you provided to us for delivery.
7.12 When you own the Products - You will own the Products once we have received payment in full.
8 Your rights to change your mind and end the Contract
8.1 Your rights to end the Contract will depend on whether there is anything wrong with the Products, how we are performing the Contract and when you decide to end the Contract and whether you are a consumer or business customer.
8.2 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013) –– If you are a consumer you have 14 days after the day you (or someone you nominate) receive the Products set out in our Order Confirmation to change your mind, unless:
- 8.2.1 the Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery of the Products set out in our Order Confirmation to change your mind about the Products; or
- 8.2.2 the Products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the Products.
8.3 Ending the Contract because of something we have done or are going to do - You may end the Contract for the following reasons:
- 8.3.1 we have told you about an upcoming change to the Products or these Terms which you do not agree to;
- 8.3.2 we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
- 8.3.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- 8.3.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- 8.3.5 you have a legal right to end the Contract because of something we have done wrong.
8.4 You may end the Contract immediately for one of the reasons under clause 8.3 by emailing us at email@example.com with your order number and delivery address or by requesting and completing the Model Cancellation Form which we can supply on request
8.5 Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.2), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product or Products to be supplied under that Contract are delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you are outside the time limits in which you have the right to change your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the Contract.
9 Returning Products after ending the Contract
9.1 If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us at The Document Management Group Limited, Matrix Way, Chorley, Lancashire, PR7 7ND or (if they are not suitable for posting) allow us to collect them from you. Please call us on 0845 147 8928 or email us at firstname.lastname@example.org to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
9.2 We will pay the costs of return if you are ending the Contract for one of the reasons set out in clauses 8.3, in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. We recommend you use a signed for delivery service and use recorded delivery should you wish your items to be insured. If recorded delivery is not used, we cannot accept responsibility for any returns sent. Please retain your proof of postage.
9.3 Further information for consumers seeking to return Products to us can be found within our Consumer Returns Policy
9.4 How we will refund you - We will refund you the price you paid for the Products via your Payment Method. However, we may make deductions from the price, as described below.
9.5 Refunds and deductions from refunds if you are exercising your right to change your mind - If you are exercising your right to change your mind:
- 9.5.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if :(a) this has been caused by your handling them in a way which would not be permitted in a shop; and/or (b) the Products have been inadequately re-packaged in order to return them to us. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- 9.5.2 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 product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then:
- 9.7.1 your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us;
- 9.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10 Our rights to end the Contract
10.1 We may end the Contract for a Product at any time by writing to you if:
- 10.1.1 you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
- 10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
- 10.1.3 you do not, within a reasonable time, allow us to deliver the Products to you.
10.2 If we end the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for 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.
11 We may suspend the Product
11.1 We may have to suspend the supply of a Product:
- 11.1.1 to deal with technical problems or make minor technical changes;
- 11.1.2 to update the Product to reflect changes in relevant laws and regulatory requirements;
- 11.1.3 to make changes to the Product as requested by you or notified by us to you (see clause 5.2);
- 11.1.4 in the event that you do not pay us for the Products when you are supposed and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments.
11.2 We may withdraw the Product - We may write to you to let you know that we are going to stop
providing the Product. We will let you know at least 7 days in advance of our stopping the supply of
the Product and will refund any sums you have paid in advance for Products which will not be
12 If there is a problem with the Product
12.1 If you have any questions or complaints about the Products, please contact our customer service team at 0845 147 8928 or email us at email@example.com.
12.2 Your rights in respect of defective Products if you are a consumer - We are under a legal dutyto supply Products that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these Terms will affect your legal rights
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. 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 your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12.3 Your rights in respect of defective products if you are a business - Subject to clause 12.5, if you are a business customer we warrant that on delivery, and for a period duly specified by the relevant manufacturing partner to which the Product relates from the date of delivery (warranty period), any Products shall:
- 12.3.1 conform with their description; and
- 12.3.2 be free from material defects in design, material and workmanship;
12.4 Subject to clause 12.3, if:
- 12.4.1 you give us notice in writing during the relevant warranty period within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 12.3;
- 12.4.2 we are given a reasonable opportunity of examining such Product; and
- 12.4.3 you return such Product to us at our cost,
- 12.4.4 we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
12.5 We will not be liable for a Product's failure to comply with the warranty in clause 12.3 if:
- 12.5.1 you make any further use of such Product after giving a notice in accordance with clause 12.4.1;
- 12.5.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
- 12.5.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
- 12.5.4 you alter or repair the Product without our written consent; or
- 12.5.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.6 Where you are a business, except as provided in this clause 12, we shall have no liability to you in respect of a Product's failure to comply with the warranty set out in clause 12.3.
12.7 These Terms shall apply to any repaired or replacement Products supplied by us under clause 12.4, but shall not apply to our range of refurbished scanners which are supplied by us with an ‘in house’ warranty as confirmed by us in writing to you from time to time in respect of such refurbished scanners you purchase from us.
12.8 If you wish to exercise your legal rights to reject Products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
13 Our responsibility for loss or damage suffered by you if you are a consumer
13.1 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.
13.2 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:
- 13.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- 13.2.2 fraud or fraudulent misrepresentation;
- 13.2.3 breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and
- 13.2.4 defective products under the Consumer Protection Act 1987
13.3 We only supply the Products for domestic and private use. If you use the 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. Any such commercial, business or re-sale usage is strictly prohibited.
14 Our responsibility for loss or damage suffered by you if you are a business
14.1 Nothing in these Terms shall limit or exclude our liability for:
- 14.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- 14.1.2 fraud or fraudulent misrepresentation;
- 14.1.3 breach of the Terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- 14.1.4 defective products under the Consumer Protection Act 1987; or
- 14.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Except to the extent expressly stated in clause 12.3 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Subject to clause 14.1:
- 14.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- 14.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the price of the Products.
15 How we may use your personal information
16 Other parties who may perform the Contract
You agree that we may instruct other persons, companies or firms to carry out our obligations under the Contract on our behalf, including where we instruct such persons, companies or firms to procure or arrange delivery of the Products to you. You may refer to these Terms for further details and information as regards their services.
17 Other important terms
17.1 We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
17.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.3 When we use the words writing or written in these Terms, this includes emails and notices posted
on our Site.
17.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 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 the 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.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer - These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English
17.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business - If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.