These are the Standard Terms and Conditions of Sale of:
Yes No Maybe
41 Sedgwick Road / Luton / LU4 9DT
Telephone 0870 770 7499
(“the Seller”, “We” or “Us”) for certain products as set out in the pages on this site
(“the Goods”). Subject to the provisions of Clause 4.2 below, the price of the Goods
the delivery charges and Value Added Tax where applicable is set out on the Order
Form. Whilst every effort is made to deliver the Goods in accordance with the time-
scales set out for delivery in the relevant pages, we do not accept any liability for
late delivery of the Goods and your attention is drawn to the provisions of Clause 6
By placing and Order and purchasing goods from Yes No Maybe you enter into
a legally binding agreement with us on the following Conditions. You should read
and understand these Conditions because they affect your rights and liabilities.
In accordance with the provisions of the Consumer Protection (Conclusion of a
Contract at a Distance) Regulations 2000, you have the right to withdraw from this
transaction. Details of your right to withdraw will be sent to you with the Goods
when they are delivered and can be found in Clause 9 below.
We reserve the right, at our discretion, to change, modify, add, or remove portions
of these Conditions at any time. Please check these Conditions periodically for changes.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND
SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1.1 In these Conditions:
‘Conditions’ means the standard Terms and conditions of sale set out in this
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen
by you to be used as the method of payment for the Goods of which you have
provided details to us when placing the Order;
‘Delivery Area’ means the UK.
‘Goods’ which you have ordered including any instalment of the goods or any
parts for them which are available for purchase from our Web Site in accordance
with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing
or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically
‘Regulations’ means the Consumer Protection (Distance selling) Regulations 2000;
‘Web Site’ our presence on the world wide web, currently accessible via the address
1.2 Reference to any statute or statutory provisions shall be deemed to include any
statutory modifications or re-enactments thereof or any rules or regulations made
there under or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender
and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or
1.4 Unless the context otherwise requires references to clauses shall be construed
as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction
or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those Goods which you have
set out in an Order and which has been accepted by us. We reserve the right to
reject any Order. Each such sale of Goods will be subject to these Conditions,
which shall govern the Contract to the exclusion of any other terms and conditions
subject to which any Order is made or purported to be made by you.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and
until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until
agreed by e mail or in writing by us.
2.4 Any advice or recommendation given on this web site or otherwise given by us
or any of our employees or agents to you as to the storage, application or use of the
Goods is followed or acted upon entirely at your own risk, and accordingly we shall
not be liable for any such advice or recommendation.
2.5 Any typographical, clerical or other error or omission on any page of this web
site or in any sales literature, quotation, price list, acceptance of offer, invoice or
other document or information issued by us shall be subject to correction without
any liability on our part.
3.1 The quantity, quality and description of the Goods will be those set out in your
Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the
Goods are available, the order reflects current pricing, you are based in the
Delivery Area and your credit or account card is authorised for the transaction.
3.3 Yes No Maybe are entitled to withdraw from any contract in the case of
obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order
submitted by you, and for giving us any necessary information relating to the Goods
within a sufficient time to enable us to perform the Contract in accordance with its
3.5 The quantity, quality and description of and any specification for the Goods
shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make any changes in the specification of the Goods
which are required to conform with any applicable statutory or EC requirements or
where any particular Good is unavailable to substitute for the Goods ordered other
Goods which are substantially similar in nature and price.
4. Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this
site. We reserve the right to change the prices set out on this site provided that if we
accept an order from you the price for the goods will be the price set out in the
relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and
the delivery date, we will let you know and ask you to confirm [by e-mail/in writing]
that the new price is acceptable. If it is not acceptable then you will, of course, have
the option of cancelling the order.
4.3 In addition to the price of the Goods you will be liable to pay our charges for
transport, packaging and insurance as shown on the Order Form.
4.4 The total price is inclusive of any applicable value added tax.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order
5.1.1 confirm and undertake that the information contained within the Order is true
and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the
Goods and all other payments which may become due to us under the Contract.
5.2 The deduction of monies from your Payment Card does not mean that we have
accepted your order nor does it mean that a contract has been formed between us.
In the event that we reject you order we will credit your Payment Card with the
5.3 If it is not possible to obtain full payment for the Goods from your account on
delivery of the Goods to you, we can cancel the Order or suspend any further
deliveries to you. This does not affect any other rights we may have.
5.4 Where Goods are returned by you in accordance with your rights under the
provisions of Clause 9, we shall credit the Payment Card with the appropriate
5.5 We will take all reasonable care to keep all information connected with your
order secure but we cannot be held liable for any loss that you may suffer if a third
party obtains unauthorised access to any data, including credit and account details
you provide when accessing or ordering from this Web Site, unless this is solely
due to our negligence.
6.1 Delivery of the Goods shall be made by us or our carrier to the address for
delivery shown in the Order Form. It is important that this address is accurate.
Please be precise about where you would like the Goods left if you are out when
we deliver. We cannot accept any liability for any loss or damage to the Goods
once they have been delivered in accordance with your delivery instructions.
6.2 Whilst every effort will be made to ensure that any Goods ordered are delivered
within the period specified for delivery of such goods on the relevant page and
subject to our obligations under the Regulations, any dates quoted for delivery of
the Goods are approximate only and we shall not be liable for any delay in delivery
of the Goods however caused. Time for delivery shall not be of the essence of the
Contract. The Goods may be delivered by us in advance of the estimated delivery
date. If delivery is delayed due to any cause beyond our reasonable control, the
delivery date will be extended by a reasonable period and we will contact you to
arrange an alternative time.
6.3 Your goods will be delivered once all the items from your order are in stock.
If you would like the items that were already in stock to be sent out now then we
will be happy to do that - just contact us. Please bear in mind you will need to pay
extra for the shipping of the subsequent items.
6.4 If we fail to deliver the Goods (or any instalment) for any reason other than any
cause beyond our reasonable control or your fault, and we are accordingly liable to
you, our liability shall be limited to the price of the Goods.
6.5 If you fail to take delivery of the Goods or fail to give us adequate delivery
instructions then, without prejudice to any other right or remedy available to us, we
may cancel the Contract and refund to you the price of the goods less the cost of
their delivery and the cost of their being returned to us.
6.6 If there are any items missing from your order, then this must be reported to us
within 2 working days either by email, phone or post. We are unable to take
responsibility for missing items after this deadline. (This is to allow us to put in a
claim with the carrier which has to be done within 2 working days).
7. Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery
or, if you wrongfully fail to take delivery of the Goods, the time when we or our
carrier has tendered delivery of the Goods.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the
passing of risk in the Goods, or any other provision of these Conditions, the
property in the Goods shall not pass to you until we have received in cash or
cleared funds payment in full of the price of the Goods. [Goods supplied to you are
not for resale.]
8. Warranties and liability
8.1 Your statutory rights are not affected by these Conditions.
8.2 Any claim by you which is based on any defect in the quality or condition of the
Goods or their failure to correspond with specification shall (whether or not delivery
is refused by you) be notified to the Company within 14 days from the date of
delivery or (where the defect or failure was not apparent on reasonable inspection)
within a reasonable time after discovery of the defect or failure. If delivery is not
refused, and you do not notify us accordingly, you shall not be entitled to reject the
Goods and we shall have no liability for such defect or failure, and you shall be
bound to pay the price as if the Goods had been delivered in accordance with the
8.3 Where any valid claim in respect of any of the Goods which is based on any
defect in the quality or condition of the Goods is notified to us in accordance with
these Conditions, we shall be entitled to replace the Goods (or the part in question)
free of charge or, at our sole discretion, refund to you the price of the Goods (or a
proportionate part of the price), but we shall have no further liability to you.
8.4 EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR
NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY
REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY,
CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER
THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS OF REVENUE OR
PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL OR INJURY
TO REPUTATION; LOSS OF BUSINESS OPPORTUNITY; LOSSES SUFFERED BY
THIRD PARTIES; OR ANY OTHER INDIRECT, CONSEQUENTIAL OR SPECIAL
LOSS OR DAMAGE REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), WHICH
ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE GOODS OR
THEIR USE OR RESALE BY YOU, AND OUR ENTIRE LIABILITY UNDER OR IN
CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE
GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
8.5 SUBJECT TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE
REGULATIONS, WE SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN
BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING,
OR ANY FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IN RELATION TO
THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND
OUR REASONABLE CONTROL.
8.6 We assume no responsibility for the contents of any other web sites to which
this Web Site has links.
9. Right of Withdrawal
9.1 Subject to the provisions of clause 9.3 you shall have a period of 14 days after
the date on which you have received the Goods to withdraw from the Contract and
to return the Goods to us. Subject to the provisions of Clause 9.4, you shall be
responsible for payment of the direct costs in returning the Goods to us and we
shall be entitled to deduct from any refund of the price for the Goods an amount
equal to such delivery costs as are paid by us on your behalf.
9.2 The right to withdraw from the Contract does not affect any of your statutory
9.3 The right to withdraw from the Contract does not apply in respect to goods
which have been worn or damaged in any way by the Customer.
9.4 In the event that we supply substituted Goods to you in accordance with the
provisions of Clause 2 , your right of withdrawal is as set out as above except that
the cost of returning the Goods shall be borne by us.
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System
outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time
that in a readable form it enters an Information System which is capable of access
by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its
principal place of business and in the case of an individual where he or she
10.1.4 will be deemed to have been received in the case of a business at its
principal place of business and in the case of an individual where he or she
11.1 Any communication sent by post will be deemed received by the intended
recipient three days following mailing where sent by first class post or five days
after mailing where sent by second class post.
11.2 No waiver by us of any breach of the Contract by you shall be considered as a
waiver of any subsequent breach of the same or any other provision.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable
by, any person who is not a party to the Agreement (whether under the Contracts
(Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority
to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will
not affect the validity or enforceability of the other provisions of these Conditions
and the remainder of the provision in question shall not be affected nor will it affect
the validy, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 The Contract shall be governed by the laws of England and Wales, and you
agree to submit to the exclusive jurisdiction of the English courts.
11.6 The headings in these Conditions are for convenience only and will not affect