Terms of Use
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply
products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your
order to us. These terms tell you who we are, how we will provide 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 require any
changes], please contact us to discuss.
1.3 Are you a business customer or a consumer? 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:
● You are an individual.
● 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 If you are a business customer this is our entire agreement with you. 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 based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Go To Yellow a company registered in England and Wales. Our
address is Pennant Nook Beacon Lane, Bristol, BS361JT.
2.2 How to contact us. You can contact us by telephoning our customer service team at
07500057003 or by writing to us at tammy@gotoyellow.co.uk or Tammy Whalen Blake,
Pennant Nook Beacon Lane, Bristol, BS361JT
2.3 How we may contact you. 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms,
this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we
email you to accept it, at which point a contract will come into existence between you
and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform
you of this [in writing] and will not charge you for the product. This might be because the
product is out of stock, because of unexpected limits on our resources which we could
not reasonably plan for,, because we have identified an error in the price or description
of the product or because we are unable to meet a delivery deadline you have specified.
3.3 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our services in the
UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our products and services
4.1 Products and services may vary slightly from their pictures. The images of the
products on our website 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 product may vary slightly
from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown
in images on our website.
5. Your rights to make changes
If you wish to make a change to the product 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 product, 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.
6. Our rights to make changes
6.1 Minor changes to the products and services. We may change the product and
services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to
address a security threat. These changes will not affect your use of the product
and services
6.2 More significant changes to the products and services and these terms. In
addition, as we informed you in the description of the product and services on our
website, we may make the following changes, but if we do so we will notify you and you
may then contact us to end the contract before the changes take effect and receive a
refund for any products and services paid for but not received
6.3 Updates to digital content. We may update or require you to update digital content,
provided that the digital content shall always match the description of it that we provided
to you before you bought it.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know
when we will provide the products and services to you. If they are ongoing services or
subscriptions, we will also tell you during the order process when and how you can end
the contract.
(a) If the products are goods. we will contact you with an estimated delivery date
(b) If the products are one-off services. We will begin the services on the date
agreed with you during the order process. The six month completion date for the
services is as told to you during the order process.
(c) If the product is a one-off purchase of digital content. We will make the
digital content available for download by you as soon as we accept your order.
(d) If the products are ongoing services or a subscription to receive goods or
digital content. We will supply the services, goods or digital content to you until
either the services are completed or the subscription expires (if applicable) or
you end the contract as described in clause 8 or we end the contract by written
notice to you as described in clause 10.
7.3 We are not responsible for delays outside our control. 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.
7.4 If you are not at home when the product is delivered. If no one is available at your
address to take delivery and the products cannot be posted through your letterbox, we
will leave you a note informing you of how to rearrange delivery or collect the products
from a local depot.
7.5 If you do not re-arrange delivery. 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.
7.6 When you become responsible for the goods. A product which is goods will be your
responsibility from the time we deliver the product to the address you gave us.
7.7 When you own goods. You own a product which is goods once we have received
payment in full.
7.8 What will happen if you do not give required information to us. We may need
certain information from you so that we can supply the products and services to you, for
example,Name, address and email. If so, this will have been stated in the description of
the products on our website. We will contact you to ask for this information. If you do not
give us this information within a reasonable time of us asking for it, or if you give us
incomplete or incorrect information, we may either end the contract (and clause 10.2 will
apply) or make an additional charge of a reasonable sum to compensate us for any extra
work that is required as a result. We will not be responsible for supplying the products
and services late or not supplying any part of them if this is caused by you not giving us
the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products and services to you. We may
have to suspend the supply of a product and services to:
(a) deal with technical problems or make minor technical changes;
(b) update the product and services to reflect changes in relevant laws and
regulatory requirements;
(c) make changes to the product and services as requested by you or notified by us
to you (see clause 6).
7.10 Your rights if we suspend the supply of products and services. We will contact you
in advance to tell you we will be suspending supply, unless the problem is urgent or an
emergency. If we have to suspend, we will adjust the price so that you do not pay for
products while they are suspended. You may contact us to end the contract for a product
or service if we suspend it, or tell you we are going to suspend it, in each case for a
period of more than four weeks and we will refund any sums you have paid in advance
for the product or service in respect of the period after you end the contract.
7.11 We may also suspend supply of the products and service if you do not pay. If you
do not pay us for the products or service when you are supposed to (see clause 14.4)
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 (see clause 14.7).
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 (see clause 14.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will
depend on what you have bought, whether there is anything wrong with it, how we are
performing, when you decide to end the contract and whether you are a consumer or
business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal
right to end the contract (or to get the product repaired or replaced or a
service re-performed or to get some or all of your money back), see clause 12 if
you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or
have told you we are going to do,see clause 8.2;
(c) If you are a consumer and have just changed your mind about the
product, see clause 8.3. You may be able to get a refund if you are within the
cooling-off period, but this may be subject to deductions [and you will have to
pay the costs of return of any goods];
(d) In all other cases (if we are not at fault and you are not a consumer
exercising your right to change your mind), see [clause 8.7 OR clause 8.8].
8.2 Ending the contract because of something we have done or are going to do. If you
are ending a contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been provided
and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms
which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you
have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because
of events outside our control;
(d) 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 [PERIOD]; or
(e) you have a legal right to end the contract because of something we have done
wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer
Contracts Regulations 2013). If you are a consumer then for most products bought
online you have a legal right to change your mind within 14 days and receive a refund.
These rights, under the Consumer Contracts Regulations 2013, are explained in more
detail in these terms.
8.4 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill
guarantee offered by Go To yellow to its UK consumer customers, which is more
generous than your legal rights under the Consumer Contracts Regulations in the ways
set out below. This goodwill guarantee does not affect your legal rights in relation to
faulty or misdescribed products (see clause 12.1):
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply
products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your
order to us. These terms tell you who we are, how we will provide 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 require any
changes], please contact us to discuss.
1.3 Are you a business customer or a consumer? 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:
● You are an individual.
● 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 If you are a business customer this is our entire agreement with you. 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 based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Go To Yellow a company registered in England and Wales. Our
address is Pennant Nook Beacon Lane, Bristol, BS361JT.
2.2 How to contact us. You can contact us by telephoning our customer service team at
07500057003 or by writing to us at tammy@gotoyellow.co.uk or Tammy Whalen Blake,
Pennant Nook Beacon Lane, Bristol, BS361JT
2.3 How we may contact you. 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms,
this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we
email you to accept it, at which point a contract will come into existence between you
and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform
you of this [in writing] and will not charge you for the product. This might be because the
product is out of stock, because of unexpected limits on our resources which we could
not reasonably plan for,, because we have identified an error in the price or description
of the product or because we are unable to meet a delivery deadline you have specified.
3.3 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our services in the
UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our products and services
4.1 Products and services may vary slightly from their pictures. The images of the
products on our website 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 product may vary slightly
from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown
in images on our website.
5. Your rights to make changes
If you wish to make a change to the product 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 product, 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.
6. Our rights to make changes
6.1 Minor changes to the products and services. We may change the product and
services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to
address a security threat. These changes will not affect your use of the product
and services
6.2 More significant changes to the products and services and these terms. In
addition, as we informed you in the description of the product and services on our
website, we may make the following changes, but if we do so we will notify you and you
may then contact us to end the contract before the changes take effect and receive a
refund for any products and services paid for but not received
6.3 Updates to digital content. We may update or require you to update digital content,
provided that the digital content shall always match the description of it that we provided
to you before you bought it.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know
when we will provide the products and services to you. If they are ongoing services or
subscriptions, we will also tell you during the order process when and how you can end
the contract.
(a) If the products are goods. we will contact you with an estimated delivery date
(b) If the products are one-off services. We will begin the services on the date
agreed with you during the order process. The six month completion date for the
services is as told to you during the order process.
(c) If the product is a one-off purchase of digital content. We will make the
digital content available for download by you as soon as we accept your order.
(d) If the products are ongoing services or a subscription to receive goods or
digital content. We will supply the services, goods or digital content to you until
either the services are completed or the subscription expires (if applicable) or
you end the contract as described in clause 8 or we end the contract by written
notice to you as described in clause 10.
7.3 We are not responsible for delays outside our control. 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.
7.4 If you are not at home when the product is delivered. If no one is available at your
address to take delivery and the products cannot be posted through your letterbox, we
will leave you a note informing you of how to rearrange delivery or collect the products
from a local depot.
7.5 If you do not re-arrange delivery. 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.
7.6 When you become responsible for the goods. A product which is goods will be your
responsibility from the time we deliver the product to the address you gave us.
7.7 When you own goods. You own a product which is goods once we have received
payment in full.
7.8 What will happen if you do not give required information to us. We may need
certain information from you so that we can supply the products and services to you, for
example,Name, address and email. If so, this will have been stated in the description of
the products on our website. We will contact you to ask for this information. If you do not
give us this information within a reasonable time of us asking for it, or if you give us
incomplete or incorrect information, we may either end the contract (and clause 10.2 will
apply) or make an additional charge of a reasonable sum to compensate us for any extra
work that is required as a result. We will not be responsible for supplying the products
and services late or not supplying any part of them if this is caused by you not giving us
the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products and services to you. We may
have to suspend the supply of a product and services to:
(a) deal with technical problems or make minor technical changes;
(b) update the product and services to reflect changes in relevant laws and
regulatory requirements;
(c) make changes to the product and services as requested by you or notified by us
to you (see clause 6).
7.10 Your rights if we suspend the supply of products and services. We will contact you
in advance to tell you we will be suspending supply, unless the problem is urgent or an
emergency. If we have to suspend, we will adjust the price so that you do not pay for
products while they are suspended. You may contact us to end the contract for a product
or service if we suspend it, or tell you we are going to suspend it, in each case for a
period of more than four weeks and we will refund any sums you have paid in advance
for the product or service in respect of the period after you end the contract.
7.11 We may also suspend supply of the products and service if you do not pay. If you
do not pay us for the products or service when you are supposed to (see clause 14.4)
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 (see clause 14.7).
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 (see clause 14.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will
depend on what you have bought, whether there is anything wrong with it, how we are
performing, when you decide to end the contract and whether you are a consumer or
business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal
right to end the contract (or to get the product repaired or replaced or a
service re-performed or to get some or all of your money back), see clause 12 if
you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or
have told you we are going to do,see clause 8.2;
(c) If you are a consumer and have just changed your mind about the
product, see clause 8.3. You may be able to get a refund if you are within the
cooling-off period, but this may be subject to deductions [and you will have to
pay the costs of return of any goods];
(d) In all other cases (if we are not at fault and you are not a consumer
exercising your right to change your mind), see [clause 8.7 OR clause 8.8].
8.2 Ending the contract because of something we have done or are going to do. If you
are ending a contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been provided
and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms
which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you
have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because
of events outside our control;
(d) 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 [PERIOD]; or
(e) you have a legal right to end the contract because of something we have done
wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer
Contracts Regulations 2013). If you are a consumer then for most products bought
online you have a legal right to change your mind within 14 days and receive a refund.
These rights, under the Consumer Contracts Regulations 2013, are explained in more
detail in these terms.
8.4 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill
guarantee offered by Go To yellow to its UK consumer customers, which is more
generous than your legal rights under the Consumer Contracts Regulations in the ways
set out below. This goodwill guarantee does not affect your legal rights in relation to
faulty or misdescribed products (see clause 12.1):
8.5 When consumers do not have a right to change their minds. Your right as a
consumer to change your mind does not apply in respect of:
(a) Coaching program(s), Underwear products;
(b) digital products after you have started to download or stream these;
(c) services, once these have been completed, even if the cancellation period is still
running;
(d) products sealed for health protection or hygiene purposes, once these have
been unsealed after you receive them;
(e) sealed audio or sealed video recordings or sealed computer software, once
these products are unsealed after you receive them; and
(f) any products which become mixed inseparably with other items after their
delivery.
8.6 How long do consumers have to change their minds? If you are a consumer how
long you have to change your mind depends on what you have ordered and how it is
delivered.
(a) Have you bought services? If so, you have 14 days after the day we email
you to confirm we accept your order. However, once we have completed the
services you cannot change your mind, even if the period is still running. If you
cancel after we have started the services, you must pay us for the services
provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming? if so, you have
14 days after the day we email you to confirm we accept your order, or, if
earlier, until you start downloading or streaming. If we delivered the digital
content to you immediately, and you agreed to this when ordering, you will not
have a right to change your mind.
(c) Have you bought goods?, if so you have 21 days after the day you (or
someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In
this case you have until 21 days after the day you (or someone you
nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case
you have until 14 days after the day you (or someone you nominate)
receives the first delivery of the goods.
8.7 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 are not a consumer who has a right to change
their mind (see clause 8.1), you can still end the contract before it is completed. A
contract for goods or digital content is completed when the product is delivered,
downloaded or streamed and paid for. A contract for services is completed when we
have finished providing the services and you have paid for them. If you want to end the
contract in these circumstances, just contact us to let us know. The contract will not end
until [1 calendar month] after the day on which you contact us. We will refund any
advance payment you have made for products which will not be provided to you. For
example, if you tell us you want to end the contract on 4 February we will continue to
supply the product until 3 March. We will only charge you for supplying the product up to
3 March and will refund any sums you have paid in advance for the supply of the product
after 3 March.
9. How to end the contract with us (including if you are a consumer who has
changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know
by doing one of the following:
(a) Phone or email. Call customer services on 07500057003 or email us at
support@gotoyellow.co.uk. Please provide your name, home address, details of
the order and, where available, your phone number and email address.
(b) By post. simply write to us at that address, including details of what you bought,
when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. 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. You must either return the goods in person to where you bought them, post
them back to us at Pennant Nook Beacon Lane, Bristol, BS361JT or (if they are not
suitable for posting) allow us to collect them from you. Please email us at
support@gotoyellow.co.uk for a return label or to arrange collection. If you are a
consumer exercising your right to change your mind you must send off the goods within
14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change
to the product or these terms, an error in pricing or description, a delay in
delivery due to events outside our control or because you have a legal right to
do so as a result of something we have done wrong; or
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are
collecting the product from you, we will charge you the direct cost to us of collection. The
costs of collection will be the same as our charges for standard delivery
9.5 How we will refund you. If you are entitled to a refund under these terms we will
refund you the price you paid for the products including delivery costs, by the method
you used for payment. However, we may make deductions from the price, as described
below.
9.6 When we may make deduction from refunds if you are a consumer exercising your
right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the goods, if this has been caused by your handling
them in a way which would not be permitted in a shop. If we refund you the
price paid before we are able to inspect the goods and later discover you have
handled them in an unacceptable way, you must pay us an appropriate amount.
(b) 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.
(c) Where the product is a service, we may deduct from any refund an amount for
the supply of the service for the period for which it was supplied, ending with the
time when you told us you had changed your mind. The amount will be in
proportion to what has been supplied, in comparison with the full coverage of
the contract.
9.7 When your refund will be made. 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:
(a) If the products are goods and we have not offered to collect them, your refund
will be made within 14 days from the day on which we receive the product back
from you or, if earlier, the day on which you provide us with evidence that you
have sent the product back to us. For information about how to return a product
to us, see clause 9.2.
(b) 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 if you break it. We may end the contract for a product at any
time by writing to you if:
(a) 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;
(b) you do not, within a reasonable time, allow us to deliver the products to you or
collect them from us;
10.2 You must compensate us if you break the contract. 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
10.3 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 14 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 provided.
11. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product,
please contact us. You can telephone our customer service team at 07500057003 or
write to us at support@gotoyellow.co.uk.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity
with this 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.
If your product is goods, for example [furniture or a laptop], 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 most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to
some money back.
See also clause 8.3.
If your product is digital content, for example [a mobile phone app or a subscription to a music
streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit
for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without
significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven't used reasonable care and
skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, for example [a support contract for a laptop or tickets to a concert],
the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill,
or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to
reject products you must either return them in person to where you bought them, 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 call customer services on
07500057003 or email us at support@gotoyellow.co.uk for a return label or to arrange
collection.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery[, and for a period of [12]
months from the date of delivery (warranty period),] any products which are goods
shall:
(a) conform [in all material respects] with their description [and any relevant
specification];
(b) be free from material defects in design, material and workmanship;
(c) [be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
and]
(d) [be fit for any purpose held out by us.]
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing [during the warranty period] within a reasonable
time of discovery that a product does not comply with the warranty set out in
clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the
defective product in full.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance
with clause 13.2(a);
(b) 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;
(c) the defect arises as a result of us following any drawing, design or specification
supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or
abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a
product's failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under
clause 13.2.
14. Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT)
will be the price indicated on the order pages when you placed your order. We use our
best efforts to ensure that the price of the product advised to you is correct. However
please see clause 14.3 for what happens if we discover an error in the price of the
product you order.
14.2 We will pass on changes in the rate of VAT. 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.
14.3 What happens if we got the price wrong. 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 goods provided to you.
14.4 When you must pay and how you must pay. We accept payment with all major credit
cards. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not
charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For services, you must make an advance payment of 25% of the price of the
services, before we start providing them. We will invoice you monthly for the
services until the services are completed. You must pay each invoice within 7
calendar days after the date of the invoice.
14.5 Our right of set-off if you are a business customer. 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).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the
due date we may charge interest to you on the overdue amount at the rate of 22% a
year above the base lending rate of Lloyds Bank from time to time. This interest shall
accrue on a daily basis from the due date until the date of actual payment of the overdue
amount, whether before or after judgment. You must pay us interest together with any
overdue amount.
14.7 What to do if you think an invoice is wrong. 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.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
15.2 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 death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for fraud or
fraudulent misrepresentation; for breach of your legal rights in relation to the products as
summarised at clause 12.1 ; and for defective products under the Consumer Protection
Act 1987
15.3 When we are liable for damage to your property. If we are providing services in your
property, we will make good any damage to your property caused by us while doing so.
However, we are not responsible for the cost of repairing any pre-existing faults or
damage to your property that we discover while providing the services.
15.4 When we are liable for damage caused by defective digital content. If defective
digital content which we have supplied damages a device or digital content belonging to
you and this is caused by our failure to use reasonable care and skill we will either repair
the damage or pay you compensation. [However, we will not be liable for damage which
you could have avoided by following our advice to apply an update offered to you free of
charge or for damage which was caused by you failing to correctly follow installation
instructions or to have in place the minimum system requirements advised by us].
15.5 We are not liable for business losses. If you are a consumer we only supply the
products for to you for domestic and private use. If you use the products for any
commercial, business or re-sale purpose our liability to you will be limited as set out in
clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our
employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) 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]
(d) defective products under the Consumer Protection Act 1987[; or]
(e) [any matter in respect of which it would be unlawful for us to exclude or restrict
liability].
16.2 Except to the extent expressly stated in clause 13.1 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.
16.3 Subject to clause 16.1:
(a) 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
17. How we may use your personal information
17.1 How we will use your personal information. We will only use your personal
information as set out in our Privacy Policy.
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will contact you to let you
know if we plan to do this. If you are unhappy with the transfer you may contact us to
end the contract within 14 days of us telling you about it and we will refund you any
payments you have made in advance for products not provided.
18.2 You need our consent to transfer your rights to someone else (except that you
can always transfer our guarantee). You may only transfer your rights or your
obligations under these terms to another person if we agree to this in writing. However, if
you are a consumer you may transfer our guarantee at clause 8.4 to a person who has
acquired the product or, where the product is services, any item or property in respect of
which we have provided the services. We may require the person to whom the
guarantee is transferred to provide reasonable evidence that they are now the owner of
the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your
guarantee on to). This contract is between you and us. No other person shall have any
rights to enforce any of its terms[, except as explained in clause 18.2 in respect of our
guarantee. Neither of us will need to get the agreement of any other person in order to
end the contract or make any changes to these terms].
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of
the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force
and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 this 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. For example, if you miss a payment and we do not chase you
but we continue to provide the products, we can still require you to make the payment at
a later date.
18.6 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 courts.
18.7 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
the law of England and Wales and the courts of England and Wales shall have exclusive
jurisdiction to settle any such dispute or claim.
Schedule 1
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To Go To Yellow, Pennant Nook Beacon Lane, Bristol, UK, BS361JT OR
support@gotoyellow.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods
[*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.