TERMS AND CONDITIONS OF BUSINESS

1. This website is operated by Shades of Coffee Ltd. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Shades of Coffee Ltd. 

2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website. 

3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions. 

4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to this website, read these terms and conditions and ensure you understand them before making a purchase.

GENERAL CONDITIONS

5. We reserve the right to refuse service to anyone, for any reason, at any time. 

6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices. 

7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website. 

8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein. 

ONLINE STORE TERMS

9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website. 

10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system. 

11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.

12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:

i) The item you have ordered is out of stock

ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent

iii) There has been a pricing or product description error

iv) There is a system or procurement failure

v) You have failed our customer validation checks

13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us. Your order will only be accepted by us once your goods have been dispatched.

14. Goods remain the property of us until cleared funds are available for the said item or items, we can refuse to deliver the goods until cleared payment is available or in the event of non payment or reverse payment we reserve the right to collect the goods if they have been shipped and claim expenses for the recovery of the goods.

15. Where we offer promotional items as part of a sale or special offer, the specific details of the promotional item (colour etc) shall be determined by us, and only available whilst stock lasts.  In the event of promotional items being out of stock, we shall endeavour to either replace the item with an alternative promotional item or withdraw the offer.  We shall have the final say in the validity of any promotional offer.

16. As the majority of our customers are from outside of the UK, we show VAT exclusive pricing within our website prices.  This is clearly stated against each product price, on product pages.  We only charge VAT on orders destined for UK addresses; we don not apply any locally applicable taxes or VAT to orders destined outside of the UK.

MODIFICATIONS TO OUR SERVICE AND PRICING

17. Prices for items are always actually charged to customers in GBP (British Pounds Sterling) and may be subject to change without notice. Where currency conversions are shown, with pricing in local currency (eg USD, EUR, AUD, CAD, etc.) these prices are updated automatically to reflect an ESTIMATED price based on current exchange rates.  THE PRICE YOU WILL BE CHARGED WILL BE IN GBP AND CONVERSION WILL BE PERFORMED BY YOUR CARD PROVIDER / BANK / PAYPAL AND HENCE YOUR ACTUAL COST MAY DIFFER SLIGHTLY.

18. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you. 

19. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service. 

DELIVERY (GENERAL)

20. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate of delivery time only (not including our processing and packing time) and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).

21. Delivery of replacement products or products that are omitted from the original order erroneously and require shipping separately shall be shipped using a delivery method and carrier of our choosing.  We shall take your original choice of delivery service into account when deciding upon the delivery service to be used, though if the cost of delivery is being borne by us then it shall be our decision as to what service to use. Should the customer wish to upgrade to a different class of service or carrier, then the additional cost of this delivery service shall be payable by the customer otherwise our choice of service shall prevail  (eg. original order wasn't tracked, though customer requests that replacement is sent tracked - the customer shall pay for the difference between standard and tracked shipping, and if they don't wish to pay then the item will be resent using a standard service).

22. If shipments are returned to us for any reason outside of our control (such as 'unable to deliver', 'refused delivery' / payment of taxes, 'wrong or incomplete address' or 'item returned due to non-collection ' [whether or not you were made aware]) then we will ONLY reship your item again on payment of the necessary reshipping costs.  You retain the right to cancel your order and have the product cost (not shipping cost) refunded to you in these cases.  This shall apply to Tracked, Untracked and Courier deliveries - though is more relevant to Untracked shipments as customers may not be made aware of the shipment status before it is returned. Any promotional "Free" or "Discounted" shipping rates shall not apply to reshipping in the case of reshipment of returned shipments (unless due to our error).

23. PayPal users MUST select a Tracked shipping option in order to receive PayPal buyer protection:  When customers purchase products and shipping from us using PayPal payments, you agree to EITHER select a Tracked Shipping option OR surrender your rights to claim a refund under PayPal "item not received" (should your shipment not arrive when you have specifically selected our Standard non-tracked shipping option). Placing an order with us shall be deemed acceptance of this.

24. Non-tracked shipping : By selecting an untracked shipping service you agree to accept all responsibility for loss or damage of the item during untracked shipping. Furthermore you agree not to process either PayPal “item not received” claims or bank / credit / debit card charge-backs of a similar “item not received” nature. Should you file such claims with your bank or PayPal then you agree that this clause shall deem your claim unsuccessful and that your bank and/or PayPal should accept this and that it should take precedence over any other bank, card payment service provider or PayPal terms to the contrary. Should you not agree to this clause, you should either select a tracked mail / courier shipping service or NOT order from us.

UK POSTAGE

25. Delivery costs are typically calculated based on product size and weight.  Royal Mail 1st class deliveries are usually 1-2 working days, however this is not a guaranteed service and during busy times of the year this can increase and deliveries can only be considered as lost after 10 working days after the expected due date of delivery as per Royal Mails Terms and Conditions.

26. Small items of lower value (<£50) will be sent via Royal Mail 1st Class post as standard. Larger items of higher value will be sent via Royal Mail Tracked 24 parcel post as standard.

27. For UK parcel shipments sent by the Tracked 24 service, a signature will be required if product value exceeds £50 ex VAT

INTERNATIONAL POSTAGE / SHIPPING RATES

28. Postage rates are typically calculated based on the size and weight of the items in your shopping basket and the location they are being posted to.

29. International orders that are too large (over 2kg) for our Standard Delivery airmail services will be sent with alternative courier services and can take between 2-7 working days on average depending on your location.

30. Selecting the wrong postage for your country or destination to reduce the shipping fees at checkout will result in the order being cancelled and refunded.

31. Small items of lower value (<£50) will typically be sent via Royal Mail International Priority (circa 5-7 working days delivery aim, depending on location) as standard. This is an untracked and uninsured service - though you may optionally select to upgrade to a priority tracked service with a degree of compensation for loss/damage if you desire.

32. Larger items of higher value will be sent via Royal Mail International Tracked or Tracked & Signed [3-10 days delivery aim, depending on location) parcel post as standard.   We provide standard or optional delivery services via courier (FedEx) to most countries, typically with an aim to provide a better price/performance for parcel deliveries.

33. Due to Covid, delays within International Mail and Customs processes are lengthy and entirely outside of our control.  As such, any  standard delivery timescales provided by us or by mail or courier companies can typically be disregarded - as deliveries to many locations are taking significantly longer than they would normally (up to 6 weeks for postal deliveries to some countries).

ORDER CANCELLATION

34. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items. If you wish to contact us immediately then the best method for this is our webchat service.

35. Where items have not been dispatched prior to a cancellation request being acknowledged, our refund policy will apply.

RETURNS AND WARRANTY

36. If for any reason you are unhappy with your purchase, simply return it to us unused in its original packaging and in the same re-saleable condition as you received it. We will issue a refund for the price you paid for the item excluding any postage costs. If the return is due to us making a mistake in your order we will also refund appropriate and reasonable postage costs where applicable. Should you believe that an item that you have received is faulty, or becomes faulty within 12 months of ordering it, then please contact us for further assistance.  If the return is due to the item being damaged or faulty then please contact us, we will work with you to determine the best resolution. If, after inspection, items that are returned are not found to be faulty by us or our suppliers, they cannot be refunded and a one hour admin charge will be incurred (our rate is currently £60.00 per hour although this is subject to change at any time). You should also inform us of items that have been damaged during delivery within 24 hours of receiving it so that we can make the appropriate claims. Any parcels that are delivered that show signs of damage must be signed for as damaged with the delivery agent. If you are returning an item please make sure you use sufficient packaging so it doesn't get damaged in transit.

37. A 10% restocking fee may be applied for any electrical or electronic items returned that have been opened;  this is because we need to fully test the item before placing it back on sale in our store. Also we recommend using a recorded delivery or insured delivery service for valuable items. We shall not be responsible for returned items that do not make it back to us. Please also note we can be very busy at times and therefore it is usually anything between 2 - 14 working days to test items sent to us. Additionally if we require replacement parts to come in from our main suppliers then this may incur further delays.

38. Any Faulty goods must be reported to us via email within 3 days of receiving them.

39. We cannot refund or replace items that have not been used, handled or installed correctly and then damaged, this includes but is not limited to PID controllers (damaged due to mis-wiring), Pt100 sensors (damaged during installation or through mishandling) and SSRs (damaged due to mis-wiring).

LIABILITY AND INDEMNITY

40. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.

41. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.

42.  The installation of any of our parts or kits, and any modification of any espresso machines undertaken by reference to our installation and/or user guides, should only be conducted by persons with proper electrical safety knowledge who are capable and qualified to undertake such work and modifications.  Many of the components within espresso machines operate at high temperature, high pressure and with mains electrical voltages at high current in the presence of water – any of these could cause serious personal injury, shock, burns, fire, explosion, other property damage and possibly death.  We shall hence not be liable for any damage to property, personal injury or other loss caused by the improper or incorrect use of the aforementioned installation and/or user guides or the provided kit(s) or any of those kit’s component or constitute parts.  By commencing installation of any kit you agree to accept all liability associated with the modification of your espresso machine, and agree to hold us in no way responsible or liable for any loss, damage or injury howsoever, wherever or whenever caused.  You further agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any installation, use, misuse or failure of any of our kits or component parts thereof. 

43. Should you disagree with point 42 above in any way, then please do not attempt to install any part of the kit – but instead return it and the entire contents unused – to us - for a refund of your order (subject to our refund policy).

44. Please ensure that you inform us within 150 days of shipping, if any shipment or item has NOT been received.  As the shipping companies will not accept claims for loss or damage unless notified within a reasonable timeframe, unfortunately any claims for assistance or refunds made to us more than 150 days after shipping cannot be entertained.

JURISDICTION

45. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.

ENTIRE AGREEMENT

46. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (also available through this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.

GENERAL

47. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.

48. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.