Buyer Dealing as Consumer

It is not intended that the Buyer will be acting as a consumer, and this Contract is intended for business customers. The Buyer is a business customer if it is buying Goods wholly or mainly for use in connection with its trade, business, craft or profession, even if the Buyer is an individual. If, however, the Buyer is acting as a consumer (but not otherwise) the following provisions of this clause 16 will apply.

If the Buyer is a consumer, and has bought online, by mail order, over the telephone or on their doorstep, the Buyer has a legal right to change their mind for most of the Goods. This allows the consumer Buyer to change their mind about the purchases and receive a refund of what they have paid for it, including the delivery costs. This is subject to some conditions, as set out below. For the avoidance of doubt, the right for a Buyer to change its mind does not apply to a Buyer buying in the cause of a business.

A consumer Buyer has 14 days to change their mind for online, telephone, mail order and doorstep sales only. The Buyer must pay the costs of return.

The consumer Buyer cannot change its mind about an order for digital products (after they have started to download or stream them); services, once they have been completed; products sealed for health protection or hygiene purposes, once these have been unsealed after the consumer Buyer has received them; sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after the consumer Buyer has received them; Goods which are made to the consumer Buyer’s specifications or are clearly personalised; and goods which become mixed inseparably with other items after their delivery. Such products shall include, without limitation:-

Powder products and chemicals which have been unsealed and special ordered in products made to your specification or made to your order, perishable goods, and goods which have deteriorated or passed their sell by date before return.

If the consumer Buyer changes its mind about a product they must let the Seller know no later than 14 days after:

(a) the day the Seller delivers the Goods. If the Goods are for regular delivery (for example, a subscription), the consumer Buyer can only change their mind after the first delivery. If the Goods are split into several deliveries over different days, the period runs from the day after the last delivery.

(b) the day the Seller confirms it has accepted the consumer Buyer’s order, if it is a service.

(c) the day the Seller confirms it has accepted the Seller’s order, if it is for digital content for download or streaming, although the consumer Buyer cannot change their mind about digital content once the Seller has started providing it.