Rack Systems (Engineering) Limited t/a Shelved
Terms and Conditions of Sale
These Terms will apply to any contract between us for the sale of Products to you (each a “Contract”). Please read these Terms carefully, and make sure that you understand them, before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our website.
You should print a copy of these Terms, or save them to your computer, for future reference.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products from us using our website, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30/04/2021.
You may only purchase Products from our website if you are at least 18 years old.
We only sell to the United Kingdom. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
These Terms, and any Contract between you and us, are only in the English language.1. Information About Us
1.1 We operate the website www.shelved.co.uk. We are Rack Systems (Engineering) Limited t/a Shelved, a company registered in England and Wales under company number 02331441 and with our registered office at 1 Wits End, Kirkby Mills Industrial Estate, Kirkbymoorside, York, England, YO62 6PG. Our VAT number is 500 9341 83.
1.2 If you wish to contact us for any reason, including because you have any complaints, you can contact us by writing to us at Shelved, 1 Wits End, Kirkby Mills Industrial Estate, Kirkbymoorside, York, England, YO62 6PG, by telephoning our Customer Services team at 01751 432647 or by e-mailing them at email@example.com.
1.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by the postal address you provided to us in your order.
2. Our Products
2.1 The images of the Products on our website or other literature 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. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
2.2 You can purchase a sample or model of the Product through the website.
2.3 The packaging of the Products may vary from that shown on images on our website.3. Use of Our Website
We only use your personal information in accordance with our Privacy and Cookies Policy (a copy of which can be accessed by clicking here). Please take the time to read our Privacy and Cookies Policy, as it includes important terms which apply to you.5. How a Contract Is Formed Between You and Us
5.1 Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.2 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.
5.3 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.
5.4 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.6.Our Right to Vary These Terms
6.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
6.2 Every time you order any Products from us, the Terms in force at the time of your order will apply to the relevant Contract between you and us.
6.3 We may make minor changes to the Product:
6.3.1 to reflect changes in relevant laws and regulatory requirements; and
6.3.2 to implement minor technical adjustments and improvements, for example to address a safety issue.
These changes will not affect your use or enjoyment of the Product.
6.4 If we have to revise these Terms as they apply to any Contract between us, or make more significant changes to the Product to those detailed in clause 6.3 above, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the relevant Contract if you are not happy with the changes. You may cancel either in respect of the entire Contract or just those Products you have yet to receive under the Contract. If you opt to cancel any Contract in full pursuant to this clause 6.4, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.7. 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 below).8. Consumer Rights to Return and Receive a Refund
8.1 For most products bought online you have a legal right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days and receive a refund.
8.2 However, the cancellation right referred to in clause 8.1 above does not apply to:
8.2.1 any Products that are made to your specification or which are clearly personalised; or
8.2.2 any Products which become mixed inseparably with other items after their delivery.
8.3 Your legal right to cancel a Contract starts from the date of our acceptance of your order, which is when the relevant Contract between us is formed. Your deadline for cancelling that Contract is then 14 days after the day on which you receive the Products, unless your Products are split into several deliveries over different days, in which case you have 14 days after the day you receive the last delivery.
8.4 To cancel a Contract in accordance with your legal right to do so as set out in this clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form, which can be accessed by clicking here). If you use this method we will e-mail you following receipt to confirm we have received your cancellation. You can also e-mail our Customer Services team at firstname.lastname@example.org or write to us at Shelved, 1 Wits End, Kirkby Mills Industrial Estate, Kirkbymoorside, York, England, YO62 6PG. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, your cancellation is effective from the date you send us the e-mail or post the letter to us.
8.5 If you cancel any Contract we will:
8.5.1 refund you the price you paid for the Products the subject of the Contract. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if such reduction has been caused by you handling them in a way which would not be permitted in a shop (this would include assembling and disassembling the products before cancellation). If we refund you the price you 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;
8.5.2 refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within one to three working 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; and
8.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Products: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return Products to us, please see clause 8.8 below;
(b) if you have not received the Products: 14 days after you inform us of your decision to cancel the relevant Contract.
8.6 If you wish to return the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges and you must allow us to collect the Products from you. You will not be charged for collection.
8.7 We will refund you on the credit card or debit card used by you to pay.
8.8 If any Product has been delivered to you before you decide to cancel the Contract under which that Product has been delivered:
8.8.1 you must return the Product to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the relevant Contract. As most of our Products are not suitable for posting, you must allow us to collect the Product from you, unless otherwise agreed in writing. Please call customer services on 01751 432647 or email us at email@example.com to arrange collection;
8.8.2 unless the Product is faulty or not as described (in such circumstance please see clause 8.6 above), you will be responsible for the cost of returning the Product to us. Unless otherwise agreed, our charges for collection are £100.00 per design/product configuration ordered.
We will never charge you more than the direct cost to us of collection.
8.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the relevant Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.9. Delivery
9.1 We deliver to UK mainland postal addresses only. We do not deliver to the Channel Islands or Scottish Islands unless otherwise specifically agreed by us in writing
9.2 We will contact you with an estimated delivery date which, unless otherwise agreed, will be within 4 weeks after the day on which we accept your order.
9.3 If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. If you do not re-arrange delivery 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 we may end the contract and clause 12.2 will apply.
9.4 Delivery under a Contract shall be completed when we (or our chosen delivery services provider) deliver the Products the subject of the relevant Contract to the address you gave us. The Products will be your responsibility from that time. It is important that the address you provide is as accurate and detailed as possible. We do not accept any liability for any loss or damage to the Products once they have been delivered to the delivery address you have specified.
9.5 You own the Products once we have received payment in full for the Products, including all applicable delivery charges.
9.6 You are responsible for the installation of the Products following delivery and we are not liable for any loss or damage you suffer arising from such installation.10. Price of Products, Delivery Charges
10.1 The prices of the Products will be as quoted on our website at the time you submit your order and are in pounds sterling. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of any Products which you have ordered.
10.2 The prices for our Products may change from time to time, but any changes will not affect any order you have already placed.
10.3 The price of each Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the amount of VAT that you pay to the revised amount unless you have already paid for the relevant Products in full before the change in VAT takes effect.
10.4 Our delivery charges (if any) are as advised to you during the check-out process, before you confirm your order.
10.5 Our website contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures. In the event that we discover an error in the price of the Products you have ordered (including but not limited to where the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing) we will contact you to inform you of the error and will give you the option of continuing to purchase the relevant Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.11. How to Pay
11.1 You can pay for Products using Visa, Mastercard, AMEX, JCB, Diners Club, Klarna and Paypal.
11.2 Payment for the Products (and all applicable delivery charges) shall be made by you in advance of you receiving the relevant Products.
11.3 We do not accept liability if delivery of any Products is delayed because you have provided us with incorrect payment details.
11.4 If it is not possible to obtain full payment for any Products using the payment details you have provided, we may reject your order. This does not affect your statutory rights.12. Our Rights to End the Contract
12.1 We may end the contract for a Product at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
12.1.3 you do not, within a reasonable time, allow us to deliver the Products to you;
12.2 If we end the contract in the situations set out in clause 12.1 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.
12.3 We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.13. Our Liability
13.1 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the relevant Contract.
13.2 We only agree to supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
13.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 breach of your legal rights in relation to the Products including the right to receive products which are:
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract to the extent caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, postal delays, protests, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, national emergency, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place which affects the performance of any of our obligations under any Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under the relevant Contract will be suspended and the time for performance of our obligations will be extended for the duration of the relevant Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To do so, please contact us by writing to us at Shelved, 1 Wits End, Kirkby Mills Industrial Estate, Kirkbymoorside, York, England, YO62 6PG, by telephoning our Customer Services team at 01751 432647 or by e-mailing them at firstname.lastname@example.org. If you opt to cancel, you will have to return (at our cost) any Products you have already received under the relevant Contract and we will refund the price you have paid under that Contract (including any delivery charges).15. Other Important Terms
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 We may transfer our rights and obligations under any Contract to any third party, but this will not affect your rights or our obligations under these Terms.
15.3 You may only transfer your rights or your obligations under a Contract to another person if we agree in writing.
15.4 Each Contract is between you and us. No other person shall have any rights to enforce the terms of any Contract.
15.5 Each of the clauses set out in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable (whether in whole or in part), the remaining clauses (or the relevant part) will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 Please note that these Terms are governed by English law. This means each Contract for the purchase of Products through our website, and any dispute or claim arising out of or in connection with it, will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland you may also bring proceedings in Scotland.16. Complaints
We are committed to providing high-quality services to all of our customers. However, we understand that occasionally things can go wrong. If you wish to make a complaint you can do this by contacting us in accordance with clause 1.2.