Defective goods, delay and delivery of the wrong quantity. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please let us know as soon as possible by notice by email to firstname.lastname@example.org and within thirty days of the fault arising. In the event that ConstellationsLondon delivers a greater quantity of goods than ordered, it is the responsibility of a customer to notify the company of such error. [At your request, we will provide you with a refund or credit for the goods invoice value for faulty goods which we cannot reasonably repair or replace. If you request a refund for a faulty good we request that you return the item to us for examination. We are unable to cover the cost of returns of orders from outside of the UK.
If you do not receive goods ordered by you within a reasonable time of the specified delivery date on which you ordered them, we shall have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either: • to make good any shortage or non-delivery; or • to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause above.
Our liability to you if you are a consumer
If we fail to comply with these Terms & Conditions, 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.
If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in below under “Our liability to you if you are a business”.
Our liability to you if you are a business
Nothing in these terms shall limit or exclude our liability for: a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); b) fraud or fraudulent misrepresentation; c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; d) defective products under the Consumer Protection Act 1987; or e) any matter in respect of which it would be unlawful for us to exclude or restrict liability. Except to the extent expressly stated in this section, all 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 excluded. Except to the extent expressly stated in this section: a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail. No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider / Internet / web site / use net accessibility or availability, traffic congestion, or unauthorised human intervention. Though the above causes are not exhaustive & changes to the same can or will be made at the sole discretion of Constellations London when required without giving notice or any form of communication to Loyalty scheme members as individuals or groups.