IMPORTANT INFORMATION: Please read these terms carefully as they set out important information, rights and obligations upon which we intend to rely. Please read the following clauses extremely carefully as they include important provisions including limits on our liability: Clause 7.3 and Clause 13. If you do not understand any of the terms of these Terms and Conditions, we recommend you seek legal advice or speak to a Citizens Advice Bureau. |
OUR TERMS
1.1 What these terms cover. These are the terms and conditions on which we (i) supply products purchased on our website and (ii) provide support in respect of any products purchased on our website.
1.2 Why you should read them.
1.2.1 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and customer support 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, please contact us to discuss before you place your order.
1.2.2 These terms regulate the details of the contractual relationship between us and you and at the same time contain important information.
1.2.3 You can view these terms by clicking on the “Terms and Conditions” link at the bottom of the screen of the online shop during the order process, save them on your computer and/or print them out.
1.2.4 We recommend you keep a copy of these terms in case you need to refer back to them in the future.
2.1 Who we are. We are ANDREAS STIHL LIMITED (“STIHL”) a company registered in England and Wales. Our company registration number is 01376302 and our registered office is at Contra House, Oak Close, Camberley, GU15 3FG. Our registered VAT number is GB296317137.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01276 20202 or by writing to us at help@stihl.co.uk or Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG.
2.3 Who you are. Only persons aged 18 years or over are entitled to purchase products from our website. If you are under 18 years old you must not purchase any products from our website..
2.4 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.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.6 If we use a phase like “including” or “for example” in these terms, it means that we’re giving examples and does not mean that it’s a definitive list of the relevant items.
3.1 The order process:
3.1.1 You can initially place your products in the shopping basket without obligation. You can view and correct the items in your basket at any time before sending us your order. Where you wish to make changes, you can use the ‘Add to Basket’ and quantity adjusters.
3.1.2 An offer will only be made by you when you place the order by sending us the information required to be completed in your shopping basket. The order is placed by clicking on the “Pay now” button provided at the end of the ordering process.
3.1.3 By clicking on the “Pay now” button you are acknowledging that by placing the order you will be required to pay for the products in your order.
3.1.4 After placing the order, you will receive an automatic acknowledgement of order by e-mail, which will reflect the content of the order – we call this email an order acknowledgement. This order acknowledgement does not constitute acceptance of your offer to buy the relevant items and only documents that the order has been received by us. For details of how we accept orders, please see clause 4 below.
3.1.5 Together with the order acknowledgement, you will also receive a summary of your order including further information, including (for example) a copy of these terms and conditions. Please print out or save this information. Since our terms and conditions may change from time to time, they may not be accessible to you in their current form afterwards.
3.1.6 Getting an overview of your basket. You can get an overview of your shopping basket at any time before progressing to the order process. You can click on the shopping basket symbol to do this.
3.1.7 Required information. When placing an order, you will be required to provide contact details, address and delivery information and payment details. You will not be able to place an order unless you provide the required information.
3.1.8 Input errors. Input errors can be corrected at any time prior to clicking the “Pay now” button in the checkout process.
3.1.9 When you offer is submitted. The order (your offer) is only submitted to us when you press the “Pay now” button.
3.1.10 Cancelling the order process. It is possible to cancel the ordering process by emptying the basket or closing the browser window prior to clicking the “Pay Now” button.
3.2 Order restrictions. We are entitled to limit the order to a usual household quantity. This refers to both the number of products ordered as part of an order and the placing of multiple orders of the same product, where the individual orders comprise a normal household quantity. We may limit or cancel orders that appear to be more than a usual household quantity or which appear to be placed by resellers or distributors.
3.3 Creating a Stihl account. The creation of a STIHL account offers you the option of not having to re-populate address and payment information for subsequent orders. In addition, registered customers can view order information (e.g. current confirmed orders) in their STIHL account.
4.1 How we accept orders. If we choose to 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. If we accept your order, we will provide you with an invoice. When you place an order, we will charge you and we will send you an acknowledgment of your order together with these terms and conditions. You may at any time and for any reason, and without any liability to us, cancel your order before we have accepted it. We may either accept or reject that order and it shall not be deemed accepted until we email you confirming that your order has been accepted.
4.2 If we do not accept your order. If we do not wish to accept your order, we will inform you of this in writing. When this happens, we will let you know as soon as possible and refund any sums you have paid. We are able to reject any orders in our absolute discretion. For example, this might be because the product is unexpectedly out of stock, a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas as stated in clause 4.4, because a product is age restricted, 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 (where applicable) we are unable to meet a delivery deadline.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 We only sell to customers in Great Britain and the Isle of Man. Our on-line store is solely for the sale and promotion of our products in Great Britain and the Isle of Man. Unfortunately, we do not deliver to addresses outside Great Britain and the Isle of Man.
5.1 Products 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 and general appearance of the products. Your product may vary slightly from those images.
5.2 Product specifications and technical data may vary.
5.2.1 Although we try to be as accurate as possible, minor variations in specifications, performance information, technical data, run times, battery lives, capacities, dimensions and measurements indicated on our website may occur.
5.2.2 However, if you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), any such variations will not affect the overall functionality or purpose of the product.
5.2.3 If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession) then if any variation does affect the overall functionality or purpose of the product, you may end this contract as described in clauses 8.1.1 and 11.
5.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
6.1 We can change the products and these terms. We may change the products and these terms:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a threat to health and safety. These changes will not materially affect your use of the product.
7.1 Delivery costs & deliveries in instalments.
7.1.1 Where delivery charges apply these will be listed on the website when you purchase the products.
7.1.2 Depending on the products ordered, we may deliver the products across one more deliveries. For example, this may be for logistics reasons or if one or more products are subject to special delivery requirements (for example batteries), or due to stock availability. Where we deliver an order in instalments, then if you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), your consumer law cancellation rights for all instalments continue until 14 days after the delivery of the last instalment – please see clause 8.6 below for further details.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We aim to dispatch products within 1 to 3 working days (days which are not bank or public holidays in the UK) of accepting your order if we accept the order within business hours (being 9:00-5:00 Monday to Friday on working days). Where we accept an order outside of business hours, we aim to dispatch the products within 1 to 3 working days of the next working day after acceptance. Subject to your rights described at clause 7.5 these timescales are targets only and cannot be guaranteed. Due to the restrictions imposed by dangerous goods legislation, our couriers cannot guarantee next day delivery. When we accept your order, we will provide you with information on the shipping status of your order. You will also be provided with a tracking code so that you can follow your order on our courier’s website. This tracking facility is provided by a third party and we accept no responsibility for any inaccuracies in such tracking service.
7.3 We are not responsible for delays outside our control. If our supply of some or all of the products set out in an order 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 reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable or compensate you for delays caused by the event, but if there is a risk of substantial delay (being a delay of 7 days or more) past the intended delivery date then we will notify you of this and you may contact us to end the contract and receive a refund for the products you have paid for. If you have paid for all of the products set out in the relevant order and you have not received all of the products at the point of cancellation in the circumstances described in this clause 7.3, you may choose whether you would like to cancel the relevant order only for the products not received at the point of cancellation or for all of the products set out in that order (including any products you have received at the point of cancellation). For details on how to exercise these rights and the applicable processes and procedures, please see clauses 8.2 and 9.
7.4 If no one is available when delivery is attempted. If no one is available at your address to take delivery on the day our courier attempts to make delivery, our courier will leave a card and will attempt delivery again the following day.. The courier will then attempt delivery on one more occasion – if they are still unable to deliver, the shipment will be returned. If the courier returns the product(s) to us then we may cancel the contract and will refund the price of the products less a reasonable amount in respect of the costs we have incurred as a result of your failure to take delivery of the products.
7.5 Your legal rights if we deliver products late. You may have legal rights if we deliver any products late, however please see clause 7.3 which describes our liability to you in the event that the delay is due to an event beyond our reasonable control. 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:
7.5.1 we have refused to deliver the products;
7.5.2 delivery within the delivery deadline was essential (in circumstances where we were reasonably aware that delivery on time was essential); or
7.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.6 Setting a new deadline 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 7.5 our courier may attempt to deliver again on the next available day and you can treat the contract as at an end if we do not deliver on the rearranged date.
7.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, you can cancel your order for any of the products or reject products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products and (where applicable) their delivery. If some or all of the products have been delivered to you, 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. Please call customer services on 01276 20202 or email us at help@stihl.co.uk for a return label or to arrange collection.
7.8 When you become responsible for the products.
7.8.1 If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), products will be your responsibility from the time we deliver the product to the address you gave us and you or someone you identify to accept the products takes physical possession of them. When a product becomes your responsibility this means that you bear the risk of damage caused to that product (other than as a result of manufacturing defects) and you are responsible for insuring that product.
7.8.2 If you are a business (a person or entity who is not a “consumer” based on the description set out above), risk in the products passes to you on delivery.
7.9 When you own products. You own a product once we have received payment in full for that product.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
7.10.1 to deal with technical problems or make minor technical changes;
7.10.2 to update the product to reflect changes in relevant laws and regulatory requirements;
7.10.3 as a result of any suspension of services between us and the third parties which we use to deliver the products; or
7.10.4 where such suspension is necessary due to events outside of our reasonable control.
7.11 Your rights if we suspend the supply of products. If we are going to suspend the supply of the products we will not incur any liability to you if it is due to events beyond our reasonable control. In any event we will contact you as soon as reasonably possible. If we have to suspend the product for 7 days or more you may contact us to end the contract and we will refund any sums you have paid in advance.
7.12 We may also suspend supply of the products if you do not pay. You are required to pay for the products at the time you place your order. However if there is subsequently an issue with processing that payment or it is rejected or gets returned for any reason, we will notify you. You must then immediately make payment for the products. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 3 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. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.6).
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 and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed at the point it is delivered to you or within 30 days of delivery you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2 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;
8.1.3 If you have just changed your mind about the product, see clause 8.3. If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession) 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 products. If you change your mind during the cooling off period then you must ensure that the products are returned unused and in their original packaging and with all accessories;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
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 clause 8.2.1 to 8.2.5 inclusive 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:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.2.2 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;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our reasonable control (in these circumstances you will not be entitled to compensation) – please see clauses 7.3 and 7.11 for details;
8.2.4 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 7 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (including (in certain circumstances) because we have delivered late (see clause 7.5).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) and the extended cancellation rights we offer.
8.3.1 If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession) for most products bought online you have a legal right to change your mind within 14 days from receiving the relevant product, and receive a refund. Further details are set out in these terms.
8.3.2 We offer extended cancellation rights for most products – where a product has the benefit of our extended cancellation rights it will be stated on our website and where this is the case you will have extra cancellation rights in respect of that product.
8.3.3 Our extended cancellation rights allow you 30 days from receipt of the relevant item to change your mind and receive a refund of sums you paid for the product, including delivery costs.
8.3.4 The rights under our extended cancellation rights are more favourable to consumers regarding the amount of days they have to change their mind than the cancellation rights provided by the Consumer Contracts Regulations 2013.
8.3.5 Both your legal right as a consumer to change your mind and the extended cancellation rights we offer are explained in more detail in these terms.
8.3.6 Businesses (a person or entity who is not a “consumer” based on the description set out above) do not have the legal right to change their mind (as these legal rights are only for consumers), but will still have the benefit of the extended cancellation rights where these are offered. Please contact us if you have any questions.
8.3.7 Please see the cancellation form in Annex 1 which you can fill out if you wish to end your contract with us under this clause 8.3. Use of the form in Annex 1 is optional. Alternatively, you can telephone our customer service team on 01276 20202 or write to us at help@stihl.co.uk or Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG.
8.4 When you can’t change your mind. You can’t change your mind about an order for:
8.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.4.2 Products that are made to your specifications or are clearly personalised;
8.4.3 Products which become mixed inseparably with other items after their delivery.
8.5 The Andreas Stihl Limited Warranty (see clause 14) and the extended cancellation rights provided by us (see clause 8.3) are in addition to and do not replace any legal rights you may have. You may choose whether to enforce your legal rights or to make a claim under the Andreas Stihl Limited Warranty or extended cancellation rights (as applicable).
8.6 How long do I have to change my mind? Under consumer law rights, consumers (individuals acting for purposes that are wholly or mainly outside your trade, business, craft or profession) have 14 days after the day they (or someone they nominate) receive the products, unless delivery of the products in the relevant order is split into several deliveries over different days. In this case consumers have until 14 days after the day they (or someone they nominate) receive the last delivery, to change their mind about the products. If the relevant product has the benefit of our extended cancellation rights and a consumer elects to use our extended cancellation rights, the above periods are extended to 30 days from receipt of the relevant product.
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 do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind under clause 8.3, 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 reasonable compensation for the net costs we will incur as a result of your ending the contract. Once the contract is complete you will not be able to end the contract unless you have the right to change your mind (see clause 8.3) or because of something we have done or are going to do (see clause 8.2).
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by completing the cancellation form in Annex 1, or by contacting our customer service team on 01276 20202 or write to us at help@stihl.co.uk or Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG.
9.2 Returning products after ending the contract.
9.2.1 To return products to us, please let us know by contacting our customer service team on 01276 20202 or by writing to us at help@stihl.co.uk or Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG for a return label or to arrange the return.
9.2.2 Once we have received your instructions requesting a return of a product, if the product is eligible for return, we will contact you with details of how to return the product to us.
9.2.3 The product must be returning in an unused condition, with all of its accessories and in its original packaging. We may ask you to send the product(s) directly to us, or allow us or our approved courier to collect them from you. Please tell us if you do not have access to a printer to print a returns label.
9.2.4 Batteries. Batteries are considered “dangerous goods” and require a specialist courier service. If a battery needs to be returned, we will need you to send us an image/s of the battery label/s on the box including the UN label. We will issue a courier parcel label and arrange a collection.
9.2.5 Unless otherwise stated (see clause 9.3) you will be required to bear the cost of returning the products to us.
9.2.6 If you are exercising your right to change your mind you must send off the products to us within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
9.3.1 We will pay the costs of return:
9.3.1.1 if you have exercised your rights in accordance with our extended cancellation rights, as described in clause 8.3 above.
9.3.1.2 if the products are faulty or misdescribed; or
9.3.1.3 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.
9.3.2 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, or if the products have been delivered for free, the charges will be based on our typical delivery charges in instances where we do charge delivery.
9.5 How we will refund you.
9.5.1 If you are due a refund (for example for a faulty product), we will refund you the price in pounds sterling that you paid for the product/s, by the same method you used for payment. However, we may make deductions from the price, as described in these terms and conditions.
9.5.2 Where a refund is issued to you, if ownership of the relevant products has passed to you, ownership in the relevant products will transfer back to us when the refund is received by you.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products – for example if the product’s condition is not “as new”, price tags have been removed, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due if this has been caused by you handling the items in a way which would not be permitted in a shop. We may also reduce your refund of the price (excluding delivery costs) if you have used the products or you do not return them to us in the original unopened packaging. 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.
9.6.2 If you paid for delivery of the products then where applicable, 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 1 – 2 days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
9.7.1 If we have not offered to collect the product(s), your refund will be made within 14 days from the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent the products(s) and when you sent them. If you don’t do this and we don’t receive the product(s) at all or within a reasonable time we won’t refund you the price. For information about how to return a product to us, see clause 9.2.
9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.1 We can end our contract with you for a product (and claim any compensation due to us) if:
10.1.1 you do not make any payment to us when it is due (which is the point at which you order the products) and you still do not make payment within 5 days of us reminding you that payment is due or notifying you that your payment has failed for any reason;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to deliver the products to you, and we may charge you additional sums for example under clause 10.2 of these terms.
In each case in clauses 10.1.1 to 10.1.2, we may treat your order as cancelled and refund the purchase price in accordance with these terms and conditions.
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 £25.00 as 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. If we are going to stop the supply of a product you have ordered, we will refund any sums you have paid in advance for products which will not be provided. Other than being refunded the amounts paid in advance, you will not be due any other compensation as a result of us withdrawing the product.
11.1 How to tell us about problems. If you have any questions or complaints about a product, please contact us. You can telephone our customer service team on 01276 20202 or write to us at help@stihl.co.uk or Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG. We operate a telephone and email support service between 8:30am-5:00pm Monday to Friday, and an email only service from 8:30am-5:00pm on Saturday.
11.2 Summary of your legal rights.
11.2.1 If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), we are under a legal duty to supply products that are in conformity with this contract, and nothing in these terms will affect your legal rights.
11.2.2 If you are a business (a person or entity who is not a “consumer” based on the description set out above) the 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, to the fullest extent permitted by law, excluded from these terms and conditions and our agreement with you.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us or allow us to collect them from you. Please our customer service team on 01276 20202 or write to us at help@stihl.co.uk or Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG for a return label or to arrange collection.
12.1 Where to find the price for the product. The price of the product (which includes VAT) is in pounds sterling and will be the price displayed on the order pages when you placed your order. Where delivery costs are applicable, these will be displayed in addition. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order. We only charge once for delivery including partial deliveries. Orders of a certain value may qualify for free delivery. We determine in our sole discretion from time to time whether a product is eligible for free delivery or not. This information can be found on our online shop when placing the order.
12.2 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.
12.3 What happens if we got the price wrong. It is always possible that, despite our reasonable care, 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 and we will not be required to pay you any other compensation.
12.4 When you must pay and how you must pay.
12.4.1 We accept payment by VISA debit and credit cards, MasterCard, American Express, PayPal, and Klarna (Pay Later or Instalment payment).
12.4.2 You must pay for the products at the point you place the order for the relevant products. We will be under no obligation to dispatch the products until the payment has cleared and been received by us.
12.5 Stihl promotional vouchers and how to redeem them
12.5.1 We may offer promotional vouchers as a method of payment. Promotional vouchers cannot be purchased but may be issued by us from time-to-time.
12.5.2 These vouchers can be redeemed during a specified period and only once as part of an order process. We reserve the right to make the validity of the voucher dependent on a minimum order value.
12.5.3 The value of the products must be at least equal to the amount of the promotional voucher.
12.5.4 If the amount of the promotional voucher is less than the price of the products, you can pay the difference using the payment options offered in clause 12.4.
12.5.5 The promotional voucher cannot be refunded as money.
12.5.6 The voucher will not be refunded if products are returned in whole or in part or if a cancellation has to be made due to issues with delivery. Vouchers can only be redeemed at the time you place your order.
12.5.7 The voucher cannot be transferred to third parties.
12.5.8 More than one voucher cannot be combined with another voucher, unless we offer this option.
12.5.9 If you used a voucher for your purchase, and you cancel your order but fail to return the products, we reserve the right to charge you the original price of the products if the total value of the order falls below or is equal to the value of the voucher.
12.6 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 4% a year above the base lending rate of the Bank of England 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.
13.1 If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, then unless stated otherwise 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 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession) we also do not exclude or limit our liability to you for 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 for defective products under the Consumer Protection Act 1987.
13.3 We won’t compensate you for all losses
13.3.1 We are not responsible for losses you suffer caused by us breaking this contract if the loss is:
13.3.1.1 a business loss. If you purchase or 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.
13.3.1.2 Unexpected. If it was not obvious that it would happen, and nothing you said to us before we accepted your order meant we should have expected it.
13.3.1.3 Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 7.3.
13.3.1.4 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
13.3.2 If you are a business (a person or entity who is not a “consumer” based on the description set out above) then, save in respect of any liability which cannot legally be limited:
13.3.2.1 our total liability to you for all loss and damage arising under or in connection with this contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price you paid for the relevant product; and
13.3.2.2 all claims for (a) loss of profit and (b) indirect or consequential loss are wholly excluded.
14.1 In addition to your legal rights, we offer a goodwill warranty for most products – the “Andreas Stihl Limited Warranty”. It is indicated on our website where a product has the benefit of this warranty.
14.2 The terms and conditions applicable to the Andreas Stihl Limited Warranty for the relevant product will be the limited warranty terms in force on the date the relevant product was purchased, as may be updated from time to time in accordance with the limited warranty terms.
14.3 For products where the Andreas Stihl Limited Warranty is offered, we provide the warranty as set out in the warranty terms, subject always to the terms and conditions of the warranty. For example, under the terms of the Andreas Stihl Limited Warranty we warrant that the products will, for the relevant warranty period as stated in the warranty terms and conditions, remain free from defects in materials and workmanship when used properly and for the purposes for which the product is designed.
14.4 The Andreas Stihl Limited Warranty does not apply in all circumstances – for example, it does not apply to defects in the products caused by (a) wear and tear, (b) misuse, or (c) damage resulting from certain modifications or the use of certain parts, attachments or cutting tools. For full details of warranty exclusions, please see the applicable Andreas Stihl Limited warranty terms and conditions.
14.5 Where applicable, the Andreas Stihl Limited Warranty is provided from the date of purchase of the relevant product, is provided by us and is more generous than your legal rights.
14.6 If you wish to make a claim under the Andreas Stihl Limited Warranty, please follow the process described in the applicable Andreas Stihl Limited warranty terms and conditions.
14.7 The Andreas Stihl Limited Warranty provides different rights and benefits for domestic users and professional users - please see the applicable Andreas Stihl Limited warranty terms and conditions for details.
14.8 You may transfer the Andreas Stihl Limited Warranty to a person who has acquired the relevant product. We may require the person to whom the Andreas Stihl Limited Warranty is transferred to provide reasonable evidence that they are now the owner of the relevant item or property. Please see the applicable Andreas Stihl Limited Warranty terms for details.
14.9 The Andreas Stihl Limited Warranty does not affect your legal rights if there is something wrong with the product (for example, see clause 11).
14.10 For the full terms and conditions relating to the current Andreas Stihl Limited Warranty, please see the warranty terms and conditions published on the warranty page on our website. Previous versions of our warranty terms and conditions are available by contacting our customer services team using the details set out in clause 2.2.
15.1 We will use your personal information as set out in our privacy policy which can be found here.
15.2 Our privacy policy contains details of the ways in which we store and make use of your personal data as well as the steps taken to ensure compliance with data protection legislation in the UK.
16.1 Our customer service team will do their best to resolve any problems you have with us or our products. You can lodge a complaint by contacting our complaints team on 01276 20202 or write to us at help@stihl.co.uk or Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG.
16.2 You can go to court. For further information, please see clause 17.7 below.
17.1 We may transfer this contract to someone else. We may transfer our rights and obligations under this contract to another organisation. If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), (i) we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract and (ii) 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.
17.2 You need our consent to transfer your rights or obligations under this contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing, which we may withhold if it is reasonable in the circumstances for us to do so.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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. The Andreas Stihl Limited Warranty may be transferred as described in clause 14.8 above.
17.4 If a court finds part of this contract illegal, the rest will continue in force. 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 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 your payment is delayed and we do not chase you but we continue to provide the product(s), we can still require you to make the payment at a later date.
17.6 Entire Agreement. This clause does not apply if you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession). If you are a business (a person or entity who is not a “consumer” based on the description set out above), then these terms and conditions constitute the whole agreement between you and us in relation to its subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
17.7 Which laws apply to this contract and where you may bring legal proceedings.
17.7.1 These terms are governed by English law.
17.7.2 If you are a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland, or Isle of Man, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
17.7.3 If you are a business (a person or entity who is not a “consumer” based on the description set out above) then both you and us irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with our agreement and these terms and conditions and their subject matter or formation.
Annex 1: Model Cancellation form
(Complete and return this form only if you wish to withdraw from the contract)
To: Andreas Stihl Limited, Contra House, Oak Close, Camberley, GU15 3FG, Telephone number - 01276 20202, Email – help@stihl.co.uk or
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
