Terms And Conditions Of Supply

1. These Terms
1.1 What these Terms cover. These are the terms and conditions on which we supply goods or products online via our website.
1.2 Why you should read them. Please read these Terms (as defined in clause 2.2) carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there are a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas, you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
(a) You are an individual; and
(b) You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers or businesses are indicated beforehand.

2. For Business Customers
2.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
2.2 These Terms and conditions including our Privacy Policy, Cookies Policy and Terms of Website Use constitute the entire agreement between you and us (“Terms”) and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
2.3 You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
2.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.

3. Information about us and how to contact us
3.1. Factory.sale is operated by Factory.Sale OÜ and Raktio OY (“We”). We are a limited company registered in Estonia and Finland. Our registered office is in Estonia, Tallinn, Tornimäe 7, 10145.
3.2. To contact us, please email order@factory.sale or telephone our customer service line on +372 555 63463.
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.

4. Use of our site
4.1 Your use of our site is governed by our Terms of Website Use available here. Please take the time to read this policy, as it will include important terms which apply to you.

5. How we use your personal information
5.1 We only use your personal information in accordance with our Privacy Policy available here and our Cookie Policy available here. Please take the time to read these policies, as it includes important terms which apply to you.

6. Our contract with you
6.1 How we will accept your order. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm receipt of your order by sending an email to you at the email address you provide in your order form. We will send you a subsequent e-mail once we have started processing your order. Our acceptance of your order begins at this point (“Your order is now being processed”) and brings into existence a legally binding contract between us.
6.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this 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 a credit reference we have obtained for you does not meet our minimum requirements, 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.
6.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
6.4 We only sell to the EU via the Website. Our website is solely for the promotion and delivery of our products in the EU. We are happy to accept orders from outside of the EU, but delivery may be limited to inside the EU as further set out in clause 10.1. If you require delivery of an item outside of the EU, then please email order@factory.sale and we would be more than happy to discuss options with you.

7. Our products
7.1 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 of the products. Your product may vary slightly from those images.
7.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

8. 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.

9. Our rights to make changes
9.1 We may amend these Terms from time to time.
9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not materially affect the product.
9.4 Significant changes to the products and these Terms. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, 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.

10. Providing the products
10.1 Delivery costs. Our delivery charges quoted in your shopping basket are for deliveries to Europe only.
10.2 Delivery outside the Europe. Deliveries are available to other geographical areas, however, this will incur an additional shipping fee. If you require delivery outside of the Europe then please contact us and we will inform you whether we can fulfill your order and if any additional charges will be due.
10.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
10.4 We are not responsible for delays outside our control. We will aim to deliver the goods by the date quoted for, however, if our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
10.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will be unable to leave the goods without written instruction by you in a form that can be taken away by the carrier.
10.6 Accepting the delivery. Delivered goods will need to be signed for by you to acknowledge that the goods have been delivered to you in good condition. Please check your goods thoroughly before signing for them. Orders signed for or delivered under written instruction as set out in clause 10.5 are deemed to have been delivered in good condition.
10.7 Restricted access. If our driver encounters any restrictions to accessing your property, such as double yellow lines, red lanes, narrow lanes, steep gradients, low bridges or width restricted roads, then there may be an additional delivery charge due. Please contact us to inform us if your property has restricted access or enter full details in the description of your order. We reserve the right to refuse delivery if you have not informed us about any restricted access.
10.8 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us or you.
10.9 When you own goods. You will own the goods once we have received payment in full.
10.10 Damaged goods. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions, unless this is caused by our own negligence.
10.11 Failed delivery. If we are unable to deliver your goods to you, then we may charge an additional delivery charge for re-delivery or a charge for any reasonable costs incurred by us in the event of us cancelling this contract in accordance with clause 13(c). For further information about deliveries, please see our Transport Policy here.
10.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, accurate address details, information on access restrictions as set out in clause 10.6 or if you require mechanical lifting equipment to offload your goods. It is your duty to inform us of such information prior to delivery. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 9).
10.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

11. Your rights to end the contract
11.1 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, and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 15 if you are a consumer and clause 17 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 11.5.
11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.
11.4 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
11.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 11.1), 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. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for product