Celestron Terms of Sale
These Terms of Sale govern your purchase and our supply of product(s) on www.celestron.co.uk (the "Site"). You are asked to agree to these Terms of Sale when you purchase one or more products on the Site.
It is important that you read these Terms of Sale carefully before you submit your order with us. We draw your attention, in particular, to the limits on our liability in section 11.
1. Who we are
1.1 We are Celestron Global Limited, a company registered in England and Wales under company number 08913001. We own and operate the Site. Our registered office is located at Unit 2 Transigo, Gables Way, Thatcham, Berkshire, RG19 4JZ.
1.2 References in these terms to "Celestron", "we", "us", "our" are each a reference to Celestron Global Limited. The expressions "you" and "your" refer to you, the user of our Site.
1.3 If you have any general queries or questions about these Terms of Sale or if you have any questions or complaints about your order with us, you can submit a support ticket here https://www.celestron.co.uk/pages/technical-support or email us at ukdirectsales@celestron.com.
2. Contacting you
2.1 If we have to contact you, we will usually write to you at the email address you provided to us in your order. Alternatively, we may contact you by telephone or post.
3. Ordering
3.1 We only supply products for domestic and private use directly through our Site. If you are a business customer, please email us at ukenquiries@celestron.com .
3.2 The products for sale are set out on the Site.
3.3 If you order a product, you must pay the purchase price and delivery costs using a valid payment method. By placing an order, you agree to pay all applicable fee, taxes and other amounts notified to you.
3.4 Once you have added your products to your shopping cart and clicked to "Checkout", you should review all information relating to the products which you intend to purchase on this page before placing an order. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct. You may then place an order for a product by clicking 'Pay Now'.
3.5 Upon receipt of your order, we may send you an order acknowledgement email. This does not constitute acceptance of your order. Order acceptance and the completion of the contract between you and us takes place on the despatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled it.
4. Delivery
4.1 Orders from this Site will only be shipped and delivered to addresses located within the United Kingdom and the Channel Islands (excluding PO boxes and British Forces Post Office addresses). The delivery costs will be as displayed to you at checkout. The delivery time will vary depending on your location. The estimated delivery date for your order is set out in the order confirmation page. This is the date by which your order should be fulfilled
but, if your order is delayed for any reason, we will endeavour to deliver your order within an additional reasonable period of time, consistent with your statutory rights as a consumer. You will usually be informed of any delays, where possible.
4.2 If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a delivery depot, we may contact you for further instructions and may, subject to providing you with prior notice and excluding circumstances where the we are responsible for the failed delivery, 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 or collection, we may cancel your order and issue you with a refund.
4.3 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 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.
5. Ownership
5.1 A product will be your responsibility from the time we deliver your product to the address you gave for delivery. You do not own the product until we have received payment in full of the amounts due to us in respect of your purchase of the product.
5.2 Your product may vary slightly from the images on the Site. We take care to ensure that products are displayed accurately, but a device's display of images and colour may not accurately reflect the products.
6. Price and Payment
6.1 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.
6.2 It is always possible that, despite our best efforts, 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 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.
6.3 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.
6.4 We accept all major bank cards, Apple Pay and Google Pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
7. Your Rights
Your rights when you end a 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:
(a) if you've already placed an order with us but you've changed your mind, see section 8; and
(b) if what you have bought is damaged or misdescribed, you may have a right to end the contract (or to get the product replaced or to get some or all of your money back), see section 9 for more information.
8. Your right to cancel if you change your mind
8.1 Please find our returns policy here www.celestron.co.uk/pages/return-policy
8.2 You have the right to cancel an order for a product at any time from when your order is confirmed until 14 days after the day on which the product was delivered to you.
8.3 You may cancel your order for a product within the cancellation period set out in section
8.2 above by either:
(a) writing to us at ukdirectsales@celestron.com making a clear statement that you want to cancel your order; or
(b) completing the model cancellation form provided at the end of these Terms of Sale and emailing it to ukdirectsales@celestron.com.
8.4 If you cancel an order and the product is either in transit to you, or has already been delivered to you, you must return the product to us. You must send the product to us no later than 14 days after the day on which you inform us by the methods set out in section
8.3 that you wish to cancel the contract. If you fail to send the product back within this time frame, your cancellation request may be cancelled. You will be responsible for the postage costs of returning the product to us.
8.5 Once we receive the product back from you, you will be eligible for a refund of any payments made by you for the product, including any standard delivery cost you paid for the product to be delivered from us to you (up to the price of the cheapest delivery option provided by us).
8.6 When we have confirmed receipt of the product in respect of which you have cancelled the product, we will refund you the costs payable pursuant to section 8.5 within 14 days after the day we received the product (or, if the product was not yet in transit to you, from 14 days after the day we received your notification of cancellation pursuant to section 8.3 ).
8.7 If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", any parts are damaged or show visible signs of use, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.
9. Your right to cancel if you the product is faulty
9.1 If something is wrong with your product, please write to us at ukdirectsales@celestron.com and notify us of the product, your order number and details of the defect. We will provide you with a pre-paid returns label or arrange for collection of the product. We will honour our legal duty to provide you with products that are as described to you on the Site and that meet all requirements imposed by law. A summary of your legal rights are set out below. These are subject to certain exceptions.
9.2 In the event that your product is not as described, not fit for purpose or is not of satisfactory quality, you are entitled to the following:
(a) up to 30 days: if your product is faulty, you are entitled to a refund;
(b) up to 6 months: if your goods can't be repaired or replaced, then you are entitled to a refund in most cases; and
(c) up to 6 years: if your products do not last a reasonable length of time you may be entitled to some money back.
10. Shopify
10.1 Our Site is hosted on Shopify Inc. (“Shopify”). Shopify provide us with the online e-commerce platform that allows us to sell our products to you, and provide payment services to us (e.g. credit card transaction processing, merchant settlement and related services). By purchasing any product, you agree to be bound by Shopify’s Payments Terms of Use, available at https://www.shopify.com/uk/legal/terms-payments/gb and acknowledge that you have read Shopify's Privacy Policy available at https://www.shopify.com/uk/legal/privacy.
11. Limits on our liability
11.1 If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Sale 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.
11.2 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; or for breach of your legal rights in relation to the products.
11.3 We only supply the products for domestic and private use through our Site. 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.
12. How we may end the contract
12.1 We may end a contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with the product(s) (such as your delivery address);
(b) you do not, within a reasonable time, allow us to deliver the product(s) to you; or
(c) if the issuer of your payment card refuses to or does not, for any reason, authorise payment to us.
12.2 If we end the contract in the situations set out in section 12.1, we will refund any money you may have paid in advance for the product(s) we have not provided, but we may deduct or charge you a reasonable fee to cover the net costs we will incur as a result.
12.3 Third parties
These Terms of Sale are between you and us. Nobody else has any rights under this contract. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
13. Invalidity
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
14. Complaints
If you have any questions or complaints about our products, please contact us. You can write to us at ukdirectsales@celestron.com.
15. Other important terms
15.1 We may have to suspend the supply of a product to reflect any changes in relevant laws and regulatory requirements, or for technical reasons. 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.
15.2 You or us may only transfer rights or obligations under a contract and these Terms of Sale to another person if the other party agrees to this in writing.
15.3 If we do not insist immediately that you do anything you are required to do under these Terms of Sale or if we delay in taking steps against you in respect of your breaking them, 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.
16. Your personal data
How we use any personal data you give us is set out in our Privacy Notice privacy.celestron.co.uk/privacy-policy.
17. Changes to these Terms of Sale
17.1 We may revise these Terms of Sale at any time to reflect changes in or to:
(a) relevant laws or regulatory requirements;
(b) security, technical or operational issues; or
17.2 If we have to revise these Terms of Sale as they apply to an existing 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.
18. Governing law and jurisdiction
These Terms of Sale, their subject matter and its formation, are governed by the law of England and Wales and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Model Cancellation Form
(Complete and return this form only if you wish to cancel your order for a product)
To: Celestron Global Limited Unit 2 Transigo, Gables Way Thatcham
Berkshire RG19 4JZ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following [products] [*],
Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate