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The AA Shop Sales Terms and Conditions: updated 4 February 2016
1. Our details
AA Media Limited is a private limited company that is registered in England and Wales (Company number 611260), its registered office is located at: Fanum House, Basing View, Basingstoke, Hampshire RG21 4EA
The AA Shop and AA Publishing are business and trading styles of AA Media Limited (hereafter referred to as “we” “us” “our”).
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 vendor) for the products that you order.
Please read these terms 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 is a problem and other important information.
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.
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 to confirm the receipt of your order, this will be sent to your given e-mail address. This e-mail will re-confirm the details of your order.
3. Availability and Dispatch
Once we have confirmed your order the contract of sale between you and us will exist. You will receive confirmation of your order on screen (if you have ordered online), on the ‘phone (if you have ordered by telephone) and by email.
The availability of our products is subject to our actual stock. Every effort is made to dispatch your order within 7 working days of us confirming your order (dependent on the delivery option that you have chosen).
Quoted dispatch dates are estimated and we cannot guarantee precise dispatch times.
Most of the products that we offer are manufactured by our suppliers. Our supplier may provide you with a manufacturer’s 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 under law shall not be restricted or limited.
We are under a legal duty to supply you with goods that are in conformity with your contract with us.
The product will be your responsibility from the time we deliver the product to the address you gave us.
4. Telephone Orders
AA branded products may be ordered by telephone on 01903 828 535. Lines are open 9am – 5pm Monday to Friday excluding Bank Holidays. Call prices vary so please check with your operator. This is not a premium rate number.
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 email, using the email address you have provided, or by letter.
6. 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. We are unable to ship goods internationally at this time.
Free standard delivery within the UK 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. Please note that next working day delivery is only available in mainland UK.
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. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
Every effort will be made to deliver products as soon as possible, in any event within 30 days of our accepting your order. If our supply of the products is delayed by an event outside our control then 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.
7. 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 where required to do so by changes in legislation or regulation affecting the sale of our products and/or the product you have bought from us. Otherwise 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 in accordance with this section shall not have retrospective effect unless required to do so under applicable law.
8. Returns and Cancellation
Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if
(a) you do not make any payment to us when it is due and/or payment fails; or
(b) you do not, within a reasonable time, allow us to deliver the products to you.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided.
Returning faulty or incorrectly supplied items:
8.3 In addition to your right to cancel the contract, we will accept returns if:
(a) The product was damaged or faulty: we will arrange for a returns label to be sent to you. 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 dispatching 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 to be sent to you, or for collection at our discretion.
8.4 Under these circumstances full refunds shall be made no later than 14 days from the day we agree that you are entitled to a refund.
8.5 You must take reasonable care of the goods and packaging whilst they are in your possession and handling of the products should be limited to what is necessary to establish their nature, characteristics and functioning.
Cancellation of unwanted items:
8.6 For products ordered via telephone 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 14 days that follow the day of delivery. We will refund the full price of the products including any initial 'Standard' delivery costs as soon as possible following your notice of cancellation, no later than within 14 days. Please note that non-standard (Next Day) delivery charges added at the time of your order cannot be refunded.
8.7 To cancel your contract you must contact us by email (during normal working times on week days) or post, giving us notice of your wish to cancel. To end the contract with us, please let us know by doing one of the following:
8.7.1 By Email. Email us at shop@theAA.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.7.2 By post. You can use the model cancellation form at the end of these terms and conditions and post it to us at the address given below but it is not obligatory to use the form. Alternatively simply write to us as that address, quoting your order confirmation number.
AA Shop Online Team
AA Media Limited
8.8 The returned product should be accompanied by a copy of the original delivery note or receipt.
8.9 On receipt by us of the returned product(s) we will give you a full refund (including the cost of 'Standard' delivery, if you incurred 'Next Day' delivery costs these will not be refunded). We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.
8.10 You shall send the products back without undue delay and in any event no later than 14 days from the day on which you communicate your cancellation from this contract to us. 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.
8.11 You will have to bear the direct cost of returning the goods.
9. Electronic communications
When you visit or use the AA Shop via the website addresses theAA.com/shop or shop.theAA.com 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.
The AA does not sell, trade or rent your information, and will never disclose information about you to third parties, except to fulfill your specific orders for a product or information in the event that third parties deliver the relevant service.
Pictures are for illustration purposes only and may not be to scale or represent precise dimensions, accordingly actual products and/or packaging may vary slightly.
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. Furthermore 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.
If we fail to comply with these terms, 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.
If defective digital content which we have supplied damages a device or digital content belonging to you we will either repair the damage or pay you compensation.
We only supply the products for domestic and private use. 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.
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.
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.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If you have a complaint, please contact our customer service team as below:
AA Shop Online Team
AA Media Limited
By email: shop@theAA.com
17. Events beyond our reasonable control
If our supply of the products is delayed by an event outside our control then 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.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21. Governing law and jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Model Cancellation Form
To AA Media Limited:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on[*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] delete as appropriate.