Sagashop.com Terms and Conditions: From 18th August 2011
1. Our details
AA Publishing is a business and trading style of AA Media Limited (hereafter referred to as “we” “us” “our”).
AA Media Limited is a private limited company that is registered in England and Wales (Company number 06112600), its registered office is located at: Fanum House, Basing View, Basingstoke, Hampshire RG21 4EA
2. The contract
Relevant promotional material, the order form and these terms and conditions form the contract of sale and supply between you (as purchaser) and us (as seller) for the products that you order. In the event of a conflict or inconsistency between the provisions of any promotional material, order forms and these terms and conditions, the provisions of the relevant promotional material including the order form shall prevail. Our services under this contract may be performed by us or our representatives, contractors or agents. Any wording or other representation that you express on the order form will not be incorporated into or form part of the contract of sale.
Nothing said by our sales persons should be understood as a variation of this contract of sale or as any other representation about the nature or quality of any products offered for sale by us. We shall have no liability for any such verbal representation.
Your order is an offer by you to purchase our product. When you place an order to purchase a product from us, we will send you an e-mail or contact you via telephone to confirm the receipt of your order, this will be sent to your given e-mail address. This e-mail or telephone call will re-confirm the details of your order, along with a despatch time estimate.
3. Availability and Despatch
The availability of our products is subject to our actual stock. While every effort is made to despatch your order within 7 working days of us confirming your order via email or telephone for most products, and within 10 to 15 working days for mobility scooters, ,
Once we have confirmed your order the contract of sale between you and us will exist, however until we have despatched the product we may decline to supply the product to you without giving any reason. Goods are normally despatched within 15 working days of the date on which we confirm your order.
Quoted despatch dates are estimated and we cannot guarantee precise despatch times. If for any reason a despatch date is likely to change we will contact you to rearrange the date.
Most of the products that we offer are manufactured by our suppliers. Our supplier may provide you with a manufacturers warranty or guarantee. If any matter arises that can be addressed under the contract of sale between you and us or our supplier’s warranty with you, our supplier’s warranty to you shall take precedence in full satisfaction of the matter. Rights and remedies that are available to you against us under applicable law shall not be restricted or limited.
Risk in and to the Products will be yours once they have been delivered. Risk in and to any returned products will pass to us once we receive them.
Title (ownership) in and to the products will pass to you on delivery.
4. Suitability
The supply by us of some of the products that we offer such as mobility scooters are subject to you and your requirements being compatible with the product’s specifications, operational requirements and capabilities, your ability and aptitude to operate them safely and the suitability of your physical / geographical surroundings. Where appropriate we will contact you to conduct a suitability survey or series of surveys.
5. Telephone Orders
Most products may be ordered by telephone on 01256 491652. Lines are open 9am – 5pm Monday to Friday. Call prices vary so please check with your operator. This is not a premium rate number.
6. Payment
Payment by you will be taken by us at the time that you order the product.
You can pay with Mastercard, Visa debit or credit card, Maestro or Delta debit card. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. The person that places the order must be entitled to place the order and must have authority and capacity to provide payment for the specific method of payment. For orders of over £100, please ensure that you provide the exact address details to which your card is registered, to avoid impeding the payment process.
We may cancel this contract in the event of the means of payment described above not being accepted. If we cancel the contract under these circumstances we will notify you by telephone using the telephone number that you have provided, or email, using the email address you have provided, or by letter.
7. Postage Costs and Delivery
Our website is primarily intended for use by people who are resident in the United Kingdom and the Republic of Ireland. Shipment of our products outside of these territories, if available, will be subject to terms to be agreed between you and us. Please contact us prior to placing an order if you require such shipment, providing details of all your requirements.
The cost of standard delivery within the UK mainland and Republic of Ireland is included within the display price. Some products may be eligible for next working day delivery, if they are eligible and you desire next working day delivery your order must be placed before 2pm on the day of ordering; orders placed after 2pm will be delivered within two working days. Next working day delivery is subject to an additional charge.
We will deliver the products to the address specified in your order. All products are delivered between 08.00 – 17.30 hours (GMT) Monday to Friday excluding UK Bank Holidays. Please be clear and precise about your address and where you would like the products left if you are out when we deliver. Please note some deliveries will not be left without a signature. We cannot accept any liability for any loss or damage to the products once they have been delivered to the address specified in your delivery instructions. If you do not provide any alternative delivery instructions under circumstances where you are not in when we deliver we will provide contact instructions for pick-up or re-delivery.
Every effort will be made to deliver products as soon as possible, in any event within 30 days from receipt of your order. We will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery, under these circumstances we will use reasonable endeavours to inform you.
8. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and the terms of this contract of sale at any time. The contractual terms and conditions prevailing at the time that you use the website or when you order products from us (as the case may be) shall apply. New or revised terms that may be subsequently implemented shall not have retrospective effect unless required to do so under applicable law.
9. Return and Cancellation
If you wish to return a product please contact us and notify us promptly by the following means:
Telephone on 01256 491652; (If you notify us by telephone we will require you to confirm your request by mail or email).
or by
Email at shop@theAA.com; or by post
Sagashop.com Online Team
AA Media Limited
14th Floor, Fanum House
Basing View
Basingstoke
RG21 4EA
Depending on the product to be returned we will advise you of the course of action to be taken. Please provide us with all details of your order including your name, the order number, products to be returned and the original delivery address.
In all circumstances, the returned product must be accompanied by a copy of the original delivery note or receipt.
Returning faulty or incorrectly supplied items:
In addition to your right to cancel the contract described below, we will accept returns if:
(a) The product was damaged or faulty: we will arrange for a returns label to be sent to you or for the manufacturer to collect the item. Refunds or exchanges will only be given once the product is confirmed as faulty. Once the product has been confirmed as faulty by the AA we will either replace the product or provide a refund; please inform us which option you prefer. If you require a replacement, we will wait for the damaged / faulty product to be returned before despatching a new product.
(b) The product was incorrectly supplied: If we made a mistake and sent you the incorrect product, we will arrange for a returns label or for collection by the manufacturer. On receipt by us of the returned product we will give you a full refund (including postage costs if you incurred them); or
© You are entitled to return them under applicable law.
Under these circumstances full refunds shall be made within thirty days following the date of receipt by us of your notice of your desire to return the product.
You must take reasonable care of the goods and packaging whilst they are in your possession to ensure that so as far as practicable they are returned in ‘as new’ ‘as delivered’ condition, suitable for resale.
Cancellation of unwanted items:
For products ordered via telephone, text, mail order or via our website, if you are a consumer (not a business) you are entitled at your discretion to cancel the contract for the supply of the products ordered provided that you notify us within the period of 7 days that follow the day of delivery. We will refund the full price of the products including any initial delivery costs as soon as possible following your notice of cancellation, no later than within 30 days. Please note that non-standard delivery charges added at the time of your order cannot be refunded.
To cancel your contract you must contact us by telephone (during normal working times on week days) or write to us via post or email giving us notice of your wish to cancel. If you phone us, you must also confirm your notice in written form by post, fax or email.
(i) You must take reasonable care of the goods and packaging whilst they are in your possession to ensure that so as far as practicable they are returned in ‘as new’ ‘as delivered’ condition, suitable for resale.
(ii) Unless we otherwise directed, you shall arrange to return the products and you shall be responsible for the cost of return delivery.
(iii) Products must be returned promptly and we recommend that you obtain a certificate of posting when you return the products. These are available free at the post office or via most parcel carriers.
(iv) The returned product must be accompanied by a copy of the original delivery note or receipt.
10. Electronic communications
When you visit or use any of our websites including AATravelShop.com, theAAshop.com or theAA.com/shop or send e-mails to us, you are communicating with us electronically. We will normally communicate with you by e-mail. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Pictures
Pictures are for illustration purposes only and may not be to scale or represent precise dimensions, accordingly actual products may vary slightly.
12. Invalidity
If any part of this contract of sale is held to be unenforceable (including any provision in which we exclude our liability to you) the validity of the remainder of these terms will not be affected.
13. Hyperlinks
Our website may contain hyperlinks. These hyperlinks may connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on our part.
14. Use by you of our websites
You must not knowingly abuse, misuse or disrupt our website.
Whilst we apply standard industry measures to prevent disrupted use by you of our website your use and communications may be susceptible to data corruption, interception and delays, further we cannot guarantee that your use of our website will not damage your computer or other relevant equipment. So far as the law will allow we shall not be responsible for any detrimental reliance you place on our website or its contents.
We are providing this website and its contents on an 'as is' basis and to the extent permitted by law we make no representations or warranties of any kind with respect to its use or contents. In addition, we make no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components. The information contained in this site may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law. So far as legally possible neither we nor any of the directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website in any way. This limitation of liability applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
15. Liability
Nothing in this contract of sale will affect your statutory rights or in any way exclude or limit our liability to you for death or personal injury resulting from our negligence.
We warrant that our products are of satisfactory quality and fit for the purposes for which they were designed and intended. Other than the warranties and representations that we expressly make to you or those that are implied or apply under applicable law, we do not make any warranties, guarantees or representations in relation to our products.
So far as is permitted under law we shall not be liable to you for any indirect or consequential loss or damage of any kind whether arising under contract, negligence or otherwise. In any event we shall not be liable for any sum in excess of the price paid by you for the product.
Nothing in these terms and conditions creates any right which is enforceable by any person who is not a party to this contract.
16. Complaints
If you have a complaint, please contact our customer service team as below:
By post:
Sagashop.com Online Team
AA Media Limited
14th Floor, Fanum House
Basing View
Basingstoke
RG21 4EA
By phone: 01256 491652
By email: shop@theAA.com
17. Events beyond our reasonable control
We will not be responsible for any delay or failure to perform our obligations under this contract if the delay or failure arises from any cause or circumstances that are beyond or outside of our reasonable control being so called “force majeure” events. Under such circumstances so far as may be reasonably practicable we will use reasonable endeavours to find a solution and to continue to perform this contract.
18. Waiver
If you fail to comply with this contract and we fail to take action or delay in taking action, such failure or delay shall not constitute a waiver of any right or remedy or a waiver of any other right or remedies available to us and no single or partial exercise of any right or remedy under this contract shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
19. Severability
If any provision of this contract is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this contract which shall remain in full force and effect.
20. Entire Agreement
This contract and the other documents or materials referred to in it constitute the entire agreement and understanding between you and us and in the absence of fraud, supersedes any previous agreement between you and us that is related to the products ordered.
21. Governing law and jurisdiction
This contract of sale shall be governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
