Terms & Conditions
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you and the terms on which we provide support in respect of any purchases.
- 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 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.
- Information about us and how to contact us
- 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 Stihl House, Stanhope Road, Camberley, Surrey, GU15 3YT. Our registered VAT number is GB296317137.
- How to contact us. You can contact us by telephoning our customer service team at 01276 417678 or by writing to us at email@example.com or Andreas Stihl Limited, STIHL House, Stanhope Road, Camberley, Surrey GU15 3YT.
- Who you are. Only persons over the age of 18 are entitled to purchase products from our website. If you are 17 or younger you must not purchase any products from our website and must cease use of our website immediately.
- 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.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- 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. When you place an order 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.
- 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. We are able to reject any orders in our absolute discretion. 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 (where applicable) we are unable to meet a delivery deadline.
- 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.
- We only sell to the UK. Our website is solely for the promotion of our products in Great Britain including Jersey and Guernsey and expressly excluding Northern Ireland. Unfortunately, we do not deliver to addresses outside Great Britain. If you would like to view products we have for sale outside of the UK, please visit our website for the relevant country in which you live.
- Our products
- 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.
- Product specifications and Technical data may vary. Although we use reasonable endeavours to be as accurate as possible, all specifications, performance information technical data, run times, battery lives, capacities, dimensions and measurements indicated on our website may vary from the actual performance of the product. We give no guarantee or promise that the product will perform in accordance with any information or materials provided in respect of that product save that we use reasonable endeavours to ensure the information and material is reasonably accurate.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Our rights to make changes
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements ; and
- 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.
- Minor changes to the products. We may change the product:
- Providing the products
- Delivery costs. Where delivery charges apply these will be listed on the website when you purchase the products.
- 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 one working day of accepting your order, if we accept the order within business hours (being 9:00-5:00 Monday to Friday on days which are not bank holidays). Where we accept an order outside of business hours, we aim to dispatch the products within 1 working day of the next working day after acceptance. Subject to your rights described at clause 5, these timescales are targets only and cannot be guaranteed. In addition 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 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.
- 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 reasonable 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 (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 any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery on the day our courier attempts to make delivery, our courier will leave you a note advising that it will attempt delivery again, or directing you of how to rearrange delivery or collect the products from your local depot. If you do not arrange to collect the products from the courier they will attempt to deliver the products on two further occasions. If you are not available to take delivery on those occasions then the products will be returned to the courier’s depot and it will be your responsibility to collect the products within 3 days. If the courier returns them 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.
Your legal rights if we deliver products late. You have legal rights if we deliver any products late however please see clause 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:
- we have refused to deliver the products;
- delivery within the delivery deadline was essential (in circumstances where we were reasonably aware that delivery on time was essential); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- 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 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.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 5 or clause 6.6, 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 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 417678 or email us at firstname.lastname@example.org for a return label or to arrange collection.
- When you become responsible for the products. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from your local depot in the event you are not available on the day of delivery. When a product becomes your responsibility this means that you bear the risk of damage caused to the products other than as a result of manufacturing defects and you are responsible for insuring that product.
- When you own products. You own a product which is goods either (i) once we have received payment in full, or (ii) once we have delivered the products, whichever is later.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
- to deal with technical problems or make minor technical changes;
- to update the product to reflect changes in relevant laws and regulatory requirements;
- as a result of any suspension of services between us and the third parties which we use to deliver the products; or
- where such suspension is necessary due to events outside of our reasonable control.
- 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 longer than 7 days you may contact us to end the contract and we will refund any sums you have paid in advance.
- 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 when 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 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 11.5).
- Your rights to end the contract
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:
- If what you have bought is faulty or misdescribed at the point it is delivered to you or within 30 days of delivery (or if the products become faulty within the periods described in clause 10) 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 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 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 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;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
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 2.1 to 7.2.5 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:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- 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;
- 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);
- 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
- 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 5)).
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. As a courtesy, we allow you 30 days. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- Our goodwill guarantee. As a goodwill we guarantee that the products will remain free from material defects for a period as stated in the description of the products on our website from the date they are delivered or collected. This guarantee is provided by us from the date they are delivered or collected. This guarantee is provided by us and is more generous than your legal rights. The goodwill guarantee will not apply in circumstances where any fault or defect in the products is caused by (a) any use of the products by you in a manner other than in accordance with our instructions, (b) any neglect or misuse of the products by you or any person on your behalf, (c) due to fair wear and tear, (d) the product being stored in conditions unsuitable for the product or in conditions contrary to our instructions. If you wish to make a claim in respect of our goodwill guarantee, you must promptly contact our customer support services (see clause 2) who will arrange to (where applicable) inspect, repair or replace the relevant product. We will pay the costs of collection or of you returning any products which need to be replaced. For the full terms and conditions relating to our goodwill guarantee, please see our warranty page. This goodwill guarantee only applies to you if you are purchasing the products for your own personal use and not for any business or commercial purpose.
- How long do I have to change my mind? You have 30 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
- 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 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, 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 7.3).
- 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:
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by contacting us via telephone, email, or completing the Returns Request form on our website.
- Returning products after ending the contract. Once we have received your RMA request form, we will contact you with details of how to return the product to us. The product must be returning in an unused condition 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. Some items contain batteries requiring a specialist courier service. If a battery needs to be returned, we will issue a courier parcel label and arrange a collection. Unless otherwise stated (see clause 3) you will be required to bear the cost of returning the products to us. If you are exercising your right to change your mind you must send off the products within 30 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- 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.
- How we will refund you. If you are due a refund (for example for a faulty product), we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by you handling them 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.
- 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 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
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:
- 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 2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
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:
- 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;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- if we believe that you will or may use the products for any business or commercial purposes rather than your own personal use.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 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.
- 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.
- 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:
- 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 01276 417678 or write to us at email@example.com or Andreas Stihl Limited, STIHL House, Stanhope Road, Camberley, Surrey GU15 3YT or by completing an RMA. We operate a support service between 8:30am-5:00pm Monday to Friday, and an email only service from 8:30am-5:00pm on Saturday.
- Summary of your legal rights. 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 product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in 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 7.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
- 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 fill in the online RMA form (which can be accessed here for a return label or to arrange collection.
- Price and payment
- 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 take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- 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.
- 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.
- When you must pay and how you must pay. We accept payment from VISA, MasterCard and American Express. 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.
- 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.
- Our responsibility for loss or damage suffered by you
- 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.
- 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 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.
- We are not liable for business losses. We are supplying the products for your domestic and private use only. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
- Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 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. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- 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, which we may withhold if it is reasonable in the circumstances for us to do so. However, you may transfer our guarantee at clause 4 to a person who has acquired the product. 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.
- 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, except as explained in clause 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.
- 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.
- 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.
- Which laws apply to this contract and where you may bring legal proceedings. 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.