B2C Terms and Conditions

INDEX

TERMS AND CONDITIONS (“TERMS”)
ABOUT US AND HOW TO CONTACT US
OUR CONTRACT WITH YOU
OUR GOODS
YOUR RIGHTS TO MAKE CHANGES
OUR RIGHTS TO MAKE CHANGES
PROVIDING THE PRODUCTS
YOUR RIGHTS TO END THE CONTRACT
ENDING THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
OUR RIGHTS TO END THE CONTRACT
IF THERE IS A PROBLEM WITH THE PRODUCT/YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCT
PRICE AND PAYMENT
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
MODEL CANCELLATION FORM

TERMS AND CONDITIONS: CONSUMER CUSTOMERS

DEFINITIONS

Contract – any contract between You and Us for the sale and purchase of Goods or Services, incorporating these Terms;

Customer (“You”,” Your”) – the person who purchases the Products from Thriiver;

Good(s) – individual good(s) including Software as described in our literature or on our website;

Normal Working Hours – 9am to 5pm on a Working Day;

Order – an order for Goods or Services made by You in accordance with these Terms;

Order Confirmation – our written acceptance of Your order;

Product(s) – Good(s) and/or Service(s);

Services – training, coaching, service and support provided by Us to You;

Software – computer program(s) and associated documentation;

Thriiver (“Us”, “Our”, “We”) – Thriiver Limited, The Courtyard, Holmsted Farm, Staplefield Road, West Sussex, Rh37 5JF.

Working Day – Monday to Friday, excluding Bank or other Public Holidays.

1. TERMS AND CONDITIONS (“Terms”)

1.1. These are the Terms on which We supply Products to You if You are an individual, for Your own private use and govern Your relationship with Thriiver Limited (“Thriiver”). If You are acting on behalf of a business or in the course of trade, there Terms will not apply and You should refer to Our Terms and Conditions: Business Customers, which are available on request.

1.2. Please read these Terms carefully as they affect Your rights and liabilities under the law. If You do not agree to these Terms, please do not place an Order for any Products with Us.

1.3. All Orders for any Products accepted by Us will be subject to these Terms which will form part of and govern the Contract between us. No variation of these Terms will be accepted unless agreed in writing by one of Our authorised representatives.

2. ABOUT US AND HOW TO CONTACT US

2.1. We are Thriiver Limited, a company registered in England and Wales company registration number 03415976. Registered office The Courtyard, Holmsted Farm, Cuckfield, West Sussex, Rh37 5JF. VAT Registration number GB 700602494.

2.2. You can contact Us by phoning customer services on 0330 058 0880 or by writing to Us at hello@thriiver.co.uk or Thriiver Ltd, The Courtyard, Holmsted Farm, Cuckfield, West Sussex, Rh37 5JF.

2.3. If We have to contact You, We will do so by phone or writing to You at the email or postal address You provided to Us with Your Order.

2.4. When We use the words “writing” or “written” in these Terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1. You may place an Order with Us via the following methods:

online: login/register for an account at www.thriiver.co.uk;
by telephone: please call customer services 0330 058 0880;
by email to: hello@thriiver.co.uk;
by post: Thriiver Ltd, The Courtyard, Holmsted Farm, Cuckfield, West Sussex, Rh35 5JF.

3.2. A Contract is formed between us when We accept Your Order (which could be by email or letter). An order number will be assigned to Your Order, please quote this if You need to contact Us about it.

3.3. If We are unable to accept Your Order, We will inform You and not charge You for the Products. This may be because:

the Goods are out of stock;
unexpected limits on Our resources which We could not reasonably plan for;
We have identified an error in the price or description of the Product;
We are unable to meet a delivery deadline You have specified; or
You have not supplied Us with the information We requested when You placed Your Order.

4. OUR GOODS

4.1. The images of the Goods on Our website or any catalogues or brochures etc. (“Material Provided”) are for illustrative purposes only. Although every effort is made to display them accurately, We cannot guarantee a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.

4.2. Packaging of the Goods may vary from the images shown on Our website or in any Material Provided.

4.3. If the Goods are made to order it is Your responsibility to ensure that any information or specification You provide to Us is accurate.

5. YOUR RIGHTS TO MAKE CHANGES

5.1. If You wish to make a change to the Products You ordered please contact Us and We will inform You if the change is possible. If it is possible, We will inform You of any changes to the price of the Products, the timing of supply or anything else that is necessary as a result of Your request and ask for confirmation You wish to proceed with the change. If We cannot make the change or the result of making the change is unacceptable to You, You may want to end the contract (see Clause 1 – Your rights to end the Contract).

5.2. If You Order is for Services, We will send You an email confirming the date(s) that have been booked for the supply of the Services to You. In the event You need to make a change to the booking We require a minimum of 5 full Working Days’ notice as set out in the email sent to You. We reserve the right to charge in full the amount of any Services that are cancelled and/or amended with less than 5 full Working Days’ notice.

6. OUR RIGHTS TO MAKE CHANGES

6.1. Minor changes to the Products. We may change the Product:

to correct errors and/or omissions;
to implement minor technical adjustments and improvements (e.g. to address a security threat);
as a result of changes to Products We supply made by our suppliers or third parties;
to reflect changes in relevant laws and regulatory requirements.

6.2. We may for more significant changes to the Products and these Terms, make the following changes, but if We do so We will notify You and You may then contact Us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received;

to correct significant errors or omissions;
to reflect changes mandated by our suppliers.

6.3. We may update or require You to update Software, provided the Software shall always match the description of it We provided to You before You purchased it.

7. PROVIDING THE PRODUCTS

7.1. Depending on how You place Your Order the costs of delivery will be:

as set out on the quotation provided to You;
as communicated to You at the point You place Your Order; or
as displayed on our website when You place Your Order.

7.2. During the order process We will let You know when We will provide the Products to You:

if Goods: We will deliver them to You as soon as reasonably possible. We will contact You with an estimated delivery date, which We endeavour to be within 5-10 days but in any event will be within 30 days after the day on which We accept Your Order;
if Services: We will begin the Services on the date set out in the email sent to You describing the Services. The estimated completion date for the Services is as set out in the email.
if ongoing Services or a subscription to receive Goods: We will supply the Services or Goods to You until either the Services are completed or the subscription expires (if applicable) or You end the Contract as described in Clause 1 or We end the Contract by written notice to You as described in Clause 10.

7.3. We will use reasonable endeavours to ensure that all associates working in relation to the Services will be vetted and checked for suitability through the Disclosure and Barring Service, will have relevant qualifications, skills and experience and will have completed the suppliers learning and development programme.

7.4. If our supply of the Products is delayed by an event outside our control, We will contact You as soon as possible to let You know and We will use our best endeavours to minimise the effect of the delay. If the Goods are out of stock, You will be advised immediately. 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.

7.5. If You asked to collect the Goods from our premises, You can collect them at the time You have agreed with Us in advance which is during our Working Hours.

7.6. If no one is available at Your address to take delivery, the Goods cannot be posted through Your letterbox, or a signature is required the delivery company will contact You to re-arrange delivery or for the Goods to be collected from a local depot.

7.7. If You do not collect the Goods from Us as arranged or if, after a failed delivery to You, You do not rearrange delivery or collection from a local depot We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite our reasonable efforts, We are unable to contact You or re-arrange collection or delivery We may end the Contract and Clause 10.2 will apply.

7.8. If You do not allow Us access to the agreed location to perform the Services as arranged (and You do not have a good and valid reason for this) We reserve the right to charge You any additional cost incurred by Us as a result. If despite our best endeavours, We are unable to re-arrange a time We may end the Contract and Clause 10.2 will apply.

7.9. Any Goods will be Your responsibility from the time We deliver the Goods to the address You gave Us or they are collected form Us by You or a carrier organised by You.

7.10. You own the Goods once We have received payment in full.

7.11. We may need certain information so We can supply the Products to You. If so, this will have been stated when You placed Your Order or in the description of the Products on our website or in the Materials Provided. If You do not provide this information in a reasonable time, or give Us incomplete or incorrect information, We may either end the Contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate for any additional work required as a result. We will not be responsible for any delays or non-delivery if this is caused by Your failure to supply the information in a timely manner.

7.12. We may have to suspend the supply of Products to:

deal with technical problems or make minor technical changes;
update the Goods to reflect changes in relevant laws and regulatory requirements;
make changes to the Products as requested by You or notified by Us to You (see Clause 6).

7.13. We will contact You in advance if We need to suspend the supply of Products unless the problem is urgent or an emergency. We may have to suspend the supply of Products to:

deal with technical problems or make minor technical changes;
update the Goods to reflect changes in relevant laws and regulatory requirements;
make changes to the Products as requested by You or notified by Us to You (see Clause 6).

7.14. We will contact You in advance if We need to suspend the supply of Products unless the problem is urgent or an emergency. We may have to suspend the supply of Products to:

deal with technical problems or make minor technical changes;
update the Goods to reflect changes in relevant laws and regulatory requirements;
make changes to the Products as requested by You or notified by Us to You (see Clause 6).

7.14 In the event You need to make a change to a booking for Services We require a minimum of 5 full working days’ notice as set out in the email sent to You. We reserve the right to charge in full the amount of any Services that are cancelled and/or amended with less than 5 full working days’ notice.

8. YOUR RIGHTS TO END THE CONTRACT

8.1. Your rights if You end the Contract will depend on what You have bought, if there is anything wrong with it, how We are performing and when You decide to end the Contract:

if the Products are faulty or incorrectly described You may have a legal right to end the Contract (or to get the Goods repaired or replaced or the Services re-performed or to get some or all of Your money back), see Clause 11;
if You want to end the Contract because of something We have done or have told You We are going to do, see Clause 8.2;
if You have just changed Your mind about the Products, see Clause 8.3. You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions and You will have to pay the costs of return of any Goods;
in all other cases (if We are not at fault and there is no right to change Your mind), see Clause 8.6.

8.2. If You are ending a Contract for a reason set out in this Clause the Contract will end immediately and We will refund You in full for any Products which have not been provided and You may also be entitled to compensation. The reasons are:

We have told You about an upcoming change to the Products or these Terms which You do not agree to (see Clause 6.2);
We have told You about an error in the price or description of the Products You have ordered and You do not wish to proceed;
there is a risk that supply of the Products may be significantly delayed because of events outside our control;
We suspended supply of the Products for technical reasons, or notify You We are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
You have a legal right to end the Contract because of something We have done wrong.

8.3. Exercising Your right to change Your mind (Consumer Contracts Regulations 2013). For most Products bought on line, via telephone email and post You have a legal right to change Your mind within 14 days and receive a refund.

8.4. You do not have a right to change Your mind in respect of:

Goods sealed for health protection or hygiene purposes, once these have been unsealed after You receive them;
sealed Software, once this is unsealed after You receive them; and
any Goods which become mixed inseparably with other items after their delivery.

8.5. How long You have to change Your mind depends on what You have ordered and how it is delivered. If You have ordered goods, You have 14 days after the day You (or someone You nominate) receives the Goods, unless:

if Your Goods are split into several deliveries over different days You have until 14 days after the day You (or someone You nominate) receives the last delivery to change Your mind about the
Goods;
if Your Goods are for regular delivery over a set period You have until 14 days after the day You (or someone You nominate) receives the first delivery of the Goods.

8.6. Even if We are not at fault and You do not have a right to change Your mind (see Clause 8.1), You can still end the Contract before it is completed, but You may not be entitled to a full refund.

a Contract for Goods is completed when the Goods are delivered, downloaded or accessed and paid for;
a Contract for Services is completed when We have provided the Services and You have paid for them.

If You want to end the Contract in these circumstances, just contact Us to let Us know. The Contract will not end until 1 calendar month after the day on which You contact Us. We will refund any advance payment You have made for the Products which will not be provided to You. For example, if You tell Us You want to end the Contract on 2nd January, We will continue to supply the Products until 1st February. We will only charge You for supplying the Products up to 1st February and will refund any sums You have paid in advance for the supply of the Products after 1st February.

9. ENDING THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1. To end the Contract with Us, please let Us know by doing one of the following:

phone or email: call customer services on 0330 058 0880 or email Us at hello@thriiver.co.uk. Please provide Your name, home address, details of the Order and, where available, Your phone number and email address.
By post: complete the returns form and post it to Us at the address on the form or write to Us at that address and include details of what You bought, when You ordered or received it and Your name and address.

9.2. If You end the Contract for any reason after the Goods have been dispatched to You or You have received them, You must return them to Us. You must either return the Goods in person to where You bought them, post them back to Us at Thriiver Ltd, The Courtyard, Holmsted Farm, Cuckfield, West Sussex, Rh37 5JF, or (if they are not suitable for posting) allow Us to collect them from You. Please call customer services on 0330 058 0880 or email Us at hello@thriiver.co.uk for a return label or to arrange collection. If You are exercising Your right to change Your mind You must return the Goods within 14 days of telling Us You wish to end the Contract.

9.3. We will pay the costs of return:

if the Goods are faulty or not described correctly;
if You are ending the Contract because We have told You of an upcoming change to the Goods or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because You have a legal right to do so as a result of something We have done wrong; or
if You are exercising Your right to change Your mind;

In all other circumstances You must pay the costs of return.

9.4. If You are responsible for the costs of return and We are collecting the Goods from You, We will charge You the direct cost to Us of collection plus VAT.

9.5. If You are entitled to a refund under these Terms, We will refund You the price You paid for the Products including delivery costs, by the method You used for payment. However, We may make deductions from the price, as described below:

If You are exercising Your right to change Your mind:

We may reduce Your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by Your handling or use of them in a way which would not be permitted in a shop. If We refund You the price paid before We are able to inspect the Goods and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount.
the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of the Goods within 3-5 days at one cost but You choose to have the Goods delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.
if a Service, We may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when You told Us You had changed Your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.6. We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:

if Goods and We have not offered to collect them, Your refund will be made within 14 days from the day on which We receive the Goods back from You or, if earlier, the day on which You provide Us with evidence that You have sent the Goods back to Us. For information about how to return Goods to Us, see Clause 9.2;
in all other cases, Your refund will be made within 14 days of Your telling Us You have changed Your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1. We may end the Contract for the Products at any time by writing to You if You do not:

make a payment to Us when it is due and You do not make payment within 7 days of Us reminding You the payment is due;
within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Products;
within a reasonable time, allow Us to deliver the Goods to You or collect them from Us; or
within a reasonable time, allow Us access to Your premises to supply the Services.

10.2. If We end the contract in the situations set out in Clause 10.1 We will refund any money You have paid in advance for any Products We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of Your breaking the Contract.

11. IF THERE IS A PROBLEM WITH THE PRODUCT/YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCT

11.1. If You have any questions or complaints about the Products, please contact Us. You can telephone our customer service team at 0330 058 0880, email Us at hello@thriiver.co.uk or write to Us at Thriiver Ltd, The Courtyard, Holmsted Farm, Cuckfield, West Sussex, Rh37 5JF.

11.2. We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of Your key legal rights in relation to the product. Nothing in these Terms will affect Your legal rights.

Summary of Your key legal rights

This is a summary of Your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If Your product is Goods, for example a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of Your product Your legal rights entitle You to the following:

a) Up to 30 days: if Your Goods are faulty, then You can get an immediate refund;

b) Up to six months: if Your Goods can’t be repaired or replaced, then You’re entitled to a full refund, in most cases;

c) Up to six years: if the item can be expected to last up to six years You may be entitled to a repair or replacement, or, if that doesn’t work, some of Your money back see Clause 8.3.

If Your product is Software, the Consumer Rights Act 2015 says Software must be as described, fit for purpose and of satisfactory quality:

a) If Your Software is faulty, You’re entitled to a repair or a replacement;

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back;

c) If You can show the fault has damaged Your device and We haven’t used reasonable care and skill, You may be entitled to a repair or compensation.

12. PRICE AND PAYMENT

12.1. The price of the Goods (excluding VAT) will be the price indicated to You over the phone, on a quotation/proposal or on the Order page of our website. We take all reasonable care to ensure that the price of the Goods advised to You is correct. However please see Clause 12.5 for what happens if We discover an error in the price of the Goods You order.

12.2. The price for the Services (excluding VAT) will be set out indicated to You over the phone, on a quotation/proposal or on the order page of our website. We take all reasonable care to ensure that the price of the Services advised to You is correct. However please see Clause 12.5 for what happens if We discover an error in the price of the Services You Order.

Any additional Services will be charged on a time and materials basis:

a) The charges will be calculated in accordance with our standard daily fee rates, as set out in our Fee Schedule;
b) We will also be entitled to charge You for any expenses reasonably incurred by the individuals whom We engage in connection with the Services including, but not limited to, travelling expenses, hotel costs, congestion charges, road tolls, subsistence and any associated expenses, and for the cost of services provided by third parties and required by Us for the performance of the Services, and for the cost of any materials;

We reserve the right to charge You for any bookings that are cancelled and/or amended with less than 5 full Working Days’ notice.

12.3. VAT will be charged at the applicable rate on the day that We invoice You.

12.4. If Your purchase is exempt from VAT and You have filled out a VAT exemption form at the point You paid for the Products, We will not charge VAT on those Products.

12.5. Despite our best efforts, some of the Products may sometimes 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 accepting Your Order. If We accept and process Your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by You as a mispricing, We may end the Contract, refund You any sums You have paid and require the return of any Goods provided to You.

12.6. We accept payment for the Products as follows:

via our website by credit or debit card;
calling Us on 0330 058 0880 to pay by credit or debit card.

Your Order will be released for despatch once We have received payment in full.

12.7. If You think an invoice is wrong, please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved We reserve the right to charge You interest on correctly invoiced sums from the original due date.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1. The Consumer Rights Act 2015 says that Goods must be as described, fit for purpose and of satisfactory quality. 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 of us knew it might happen, for example, if You discussed it with Us during the order process.

13.2. 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; for breach of Your legal rights in relation to the Products as summarised at Clause 11.2; and for defective products under the Consumer Protection Act 1987.

13.3. If We are providing Services in Your property, We will make good any damage to Your property caused by Us while doing so. However, We are not responsible for the cost of repairing any pre-existing faults or damage to Your property that We discover while providing the Services.

13.4. We are only supplying the Products under these Terms 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 and the purchase will be subject to our Terms and Conditions: Business Customers.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1. We may use Your personal information as set out in our Privacy Policy which is available on request from a member of staff or on our website https://thriiver.co.uk/privacy-policy.

15. OTHER IMPORTANT TERMS

15.1. We may transfer our rights and obligations under these Terms to another organisation. We will contact You to let You know if We plan to do this. If You are unhappy with the transfer, You may contact Us to end the Contract within 14 days of Us telling You about it and We will refund You any payments You have made in advance for any Products not provided.

15.2. You may only transfer Your rights or Your obligations under these Terms to another person if You notify Us of this in advance in writing.

15.3. This Contract is between You and Us. No other person shall have any rights to enforce any of its Terms.

15.4. 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.

15.5. 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. For example, if You miss a payment and We do not chase You but We continue to provide the Products, We can still require You to make the payment at a later date.

15.6. These Terms are governed by English law, 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.

15.7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how We have handled any complaint, You may want to contact an alternative dispute resolution provider.

16. MODEL CANCELLATION FORM

To Thriiver Limited of The Courtyard, Holmsted Farm, Cuckfield, West Sussex, Rh37 5JF

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods: [*],

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

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