Terms and Conditions

1.3

‘Goods’ means the goods or services supplied by Future Shop Ltd trading as FutureShop.co.uk

1.4

‘Customer’ means the person or company who purchases or agrees to purchase goods or services from Future Shop Ltd trading as FutureShop.co.uk

1.5 Consumer

‘Consumer’ means an individual purchasing goods wholly or mainly for purposes outside their trade, business, craft or profession.

1.6 Import Charges

‘Import Charges’ means any import duties, local taxes, customs charges, customs clearance fees, regulatory charges or other amounts imposed in connection with importing goods into the delivery country.

1.7 Duties & Taxes Prepaid

‘Duties & Taxes Prepaid’ means the optional service offered at checkout for certain international destinations under which Future Shop calculates and collects an amount towards applicable import duties and taxes and arranges for those charges to be settled through the relevant carrier, postal operator, customs authority or service provider.

1.8 DAP

‘DAP’ means Delivered At Place, under which the recipient is responsible for import clearance and for paying any applicable Import Charges on or before delivery.

2.2

No contract exists between the Customer and the Supplier for the sale of any goods or services until the Supplier has received and accepted your order, the Supplier has received payment in full (in cleared funds) and the Supplier has shipped the goods. Once the Supplier does so, there is a binding legal contract between us. For Goods made to the Customer’s specifications or clearly personalised, a binding contract may arise when Future Shop expressly accepts the custom order or confirms that the order has entered production, which may occur before dispatch.

2.3

An acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the Goods will not take place until after your payment is taken and the goods are shipped by the Supplier. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions. For Goods made to the Customer’s specifications or clearly personalised, a binding contract may arise when Future Shop expressly accepts the custom order or confirms that the order has entered production, which may occur before dispatch.

2.4

The Supplier may change these terms and conditions of sale without notice to you in relation to future sales.

2.5

The contract is subject to your right of cancellation (9).

2.6

The Supplier reserves the right the decline any order for any reason.

3.2

The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible.

3.3

Many of the goods we sell are of a technical nature and unfortunately it is not practical to publish detailed specifications of all the goods and keep specifications 100% up to date. All drawings, descriptive matter, specifications and advertising on our website are for the sole purpose of giving approximate descriptions of the goods.

4.2

In addition to the price of the Goods, you may be required to pay:

• 4.2.1 postage and delivery charges;
• 4.2.2 Value Added Tax and any other applicable taxes; and
• 4.2.3 for international orders, applicable Import Charges, whether paid directly by you on import or collected by Future Shop where you select the Duties & Taxes Prepaid option at checkout.

4.3

Goods marked as ‘Free’ items under promotional offers will be treated as a component of the primary goods sold.

4.4

We reserve the right to cancel orders for obviously incorrect prices. Obviously incorrect prices may mean (but are not limited to) incorrect price reductions associated with a promotion, or an item listed at no cost/free. Future Shop is always entitled to cancel orders that contain obviously incorrect prices. The customer can then place a new order at the correct price.

5.2

Payment shall be due before the delivery date.

5.3

There will be no delivery until cleared funds are received.

5.4

Credit account invoices (unless otherwise agreed by the Supplier) shall be payable by the Customer within 30 days of the Supplier’s invoice. In the event of late payment the Supplier reserve the right to charge interest on overdue amounts at an interest rate of 3% above the current HSBC Bank Plc base rate.

6.2

The goods you order will be delivered to the delivery/shipping address given when you place your order.

6.3

If delivery cannot be made to your delivery/shipping address for reasons under the Supplier’s control, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.

6.4

The Customer must provide an accurate delivery address and, for international orders, any information reasonably required for customs clearance. The Customer must also take reasonable steps to accept or facilitate delivery.

6.5

Where delivery fails because of an incorrect address, refusal or failure to accept delivery, failure to provide required customs information, failure to collect the parcel or another matter within the Customer’s control, the Customer may be responsible for the reasonable additional costs incurred as a result, including return carriage, storage, clearance or redelivery charges. Any deduction from a Consumer refund will only be made to the extent permitted by applicable law. Where a Consumer validly exercises statutory cancellation rights, Section 9 will apply.

6.6

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delays in delivery.

6.7

Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.

6.8

Upon receipt of your order, you may be asked to sign for the goods received in good condition. If, for any reason, you are unable to check the contents of the package at the time of delivery, please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

6.9

Upon receipt of your goods, you have 48 hours to notify us of any missing items or discrepancies in your order.

6.10

We reserve the right to change your shipping method without notification if you select a method that we cannot use for your shipment (for instance, we cannot ship via postal services for items over 2 Kg to International destinations). If we need to change your shipping method, we will choose the least expensive shipping method for your order.

6.11

For International orders, where the actual weight of the package significantly exceeds the shipping cost charged, we may write to you for an additional shipping charge.

6.12

If we send an incorrect item, please contact us before returning it. We will provide appropriate return instructions and will be responsible for the reasonable return cost. Where possible, please use the return method authorised by Future Shop so that the shipment can be tracked and, for international orders, correctly identified for customs purposes.

6.13

For Consumer orders, risk in the Goods remains with Future Shop until the Goods come into the physical possession of the Customer or a person identified by the Customer to receive them, except where applicable law provides otherwise.

6.14

Where a Customer has expressly authorised a carrier to use a nominated recipient, collection point or delivery arrangement, evidence of delivery in accordance with those instructions may be taken into account when determining whether delivery has been completed.

6.15

If tracking shows an order as delivered but you have not received it, please notify Future Shop as soon as reasonably possible so that we can investigate with the carrier. Nothing in these Terms limits any rights or liabilities that cannot lawfully be excluded.

6.16

Deliveries are governed by our comprehensive shipping and returns policy. For detailed information regarding our shipping procedures, as well as our policy on returns, please refer to the following link: Shipping & Returns Policy

International Duties, Taxes and Customs

6.17 International Import Charges

Orders delivered outside the United Kingdom may be subject to Import Charges imposed by the destination country. These charges are separate from UK VAT and are determined by the relevant customs authorities and local law.

6.18 Pay on Import – DAP

Where the Duties & Taxes Prepaid option is not selected, the order will normally be shipped on a DAP basis. The recipient is responsible for customs clearance and for paying any applicable Import Charges, carrier handling charges or other amounts required before or after delivery. Amounts paid directly by the Customer to a customs authority, carrier or other third party are not payments received by Future Shop and cannot normally be refunded by Future Shop.

6.19 Duties & Taxes Prepaid

Where available, Customers may choose Duties & Taxes Prepaid at checkout. The amount displayed is calculated using the delivery destination, value and nature of the Goods and the customs and tax information available when the order is placed. Future Shop will collect this amount and arrange settlement of the applicable duties and taxes through the relevant carrier, postal operator, customs authority or service provider.

6.20 Calculated Prepayment

Duties & Taxes Prepaid is calculated before the final customs assessment and may therefore differ slightly from the amount ultimately assessed by the destination authorities or charged by the service provider. Future Shop will normally absorb routine differences and will not normally request further payment for duties or taxes already included within the prepaid calculation.

6.21 Exceptional or Additional Charges

Duties & Taxes Prepaid covers only the import duties and taxes included within the calculation shown at checkout. Additional charges may remain payable where they arise because of circumstances that could not reasonably have been included in that calculation, including incorrect or incomplete information supplied by the Customer, destination-specific requirements, storage or failed-clearance charges, restricted goods, changes in law or tax rates, or other exceptional customs requirements. Where reasonably possible, we will notify the Customer before incurring a material additional charge. Nothing in this clause permits Future Shop to impose charges contrary to applicable consumer law.

6.22 Customer Cooperation

The Customer is responsible for providing accurate information reasonably required for customs clearance, including any local tax identification number, personal identification information or import documentation required by the destination country. Future Shop is not responsible for delays or additional costs caused by inaccurate information or a Customer’s failure to cooperate with reasonable customs requirements, except where liability cannot lawfully be excluded.

6.23 Customs Assessments and Recoveries

Future Shop may review, challenge, correct or seek repayment of duties, taxes or charges assessed by a carrier, postal operator, customs authority or other service provider. Where Future Shop has already refunded such an amount to the Customer, the Customer must not also seek or retain a duplicate repayment of the same charge. If a duplicate repayment is received, the Customer must notify Future Shop.

Where a material overcharge caused by an identifiable calculation, customs or carrier error is recovered by Future Shop and the corresponding cost was borne by the Customer through the Duties & Taxes Prepaid amount, Future Shop will make an appropriate adjustment or refund where reasonably applicable.

6.24 International Returns

International returns, including the treatment of Duties & Taxes Prepaid and other Import Charges, are governed by Sections 9 and 10. Customers should contact Future Shop before sending an international return so that appropriate customs and return instructions can be provided.

7.2

Ownership of the goods shall not pass from the Supplier to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

• 7.2.1 the goods, and
• 7.2.2 all other sums which are or which become due to the Supplier from you on any account.

7.3

The Supplier shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

8.2

If you are a business customer your right to possession of the goods shall terminate immediately if:

• 8.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
• 8.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or 8.2.3 you encumber or in any way charge any of the goods.

9.2 How to Cancel

You must inform Future Shop of your decision to cancel by a clear statement before the cancellation period expires. You may contact us by email, telephone or letter. You do not have to use any particular wording.

9.3 Returning Cancelled Goods

After notifying us of cancellation, you must return the Goods without undue delay and, where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, no later than 14 days after notifying us.

9.4 Return Costs

Unless the Goods are faulty, incorrect or not as described, the direct cost of returning Goods following a change-of-mind cancellation is the Customer’s responsibility where permitted by applicable law and where this has been disclosed before purchase.

International Customers should contact Future Shop before returning Goods so that appropriate customs instructions can be provided. Failure to follow reasonable customs instructions may result in the Customer being responsible for avoidable customs or return charges, to the extent permitted by law.

9.5 Refund Following Statutory Cancellation

Where a Consumer validly exercises a statutory cancellation right, Future Shop will refund the payments required by applicable law in respect of the cancelled Goods.

For cancellations governed by UK consumer law, this includes:

• the price paid for the cancelled Goods;
• the cost of the least expensive standard delivery option offered by Future Shop, where applicable; and
• any Duties & Taxes Prepaid collected by Future Shop in respect of the returned Goods.

If the Customer selected a more expensive delivery service, Future Shop is not required to refund the amount paid above the cost of the least expensive standard delivery option.

For a partial cancellation, any delivery or prepaid duties and taxes refund will be calculated only to the extent attributable to the returned Goods and required by applicable law.

9.6 Refund Timing

Refunds will be made without undue delay. Where UK statutory cancellation rights apply, Future Shop may withhold the refund until it has received the returned Goods or the Customer provides evidence that the Goods have been sent back, whichever occurs first, and will refund within the applicable statutory time limit.

9.7 Condition and Handling

Consumers may inspect Goods in the same way they reasonably could in a shop. Future Shop may make a deduction for any reduction in value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods, where permitted by law.

9.8 Exceptions to the Cancellation Right

The statutory change-of-mind cancellation right does not apply where an applicable legal exception applies, including Goods made to the Customer’s specifications or clearly personalised, and sealed Goods which are not suitable for return for health protection or hygiene reasons once the seal has been broken.

This includes in-ear monitors (IEMs) and any headphones or audio devices that are inserted into the ear canal and supplied with a hygiene seal. Once the hygiene seal has been broken after delivery, those products cannot be returned under the change-of-mind cancellation right. This does not affect the Customer’s statutory rights where Goods are faulty, not as described or not of satisfactory quality.

This does not affect rights relating to Goods which are faulty, damaged, incorrect or not as described, or any additional voluntary guarantee expressly offered by Future Shop.

9.9 Statutory Rights

Nothing in this Section or elsewhere in these Terms limits or excludes mandatory consumer rights. Where the Customer is entitled to greater mandatory protection under the law applicable to the transaction, those rights continue to apply.

10.2 Eligibility and Condition

Goods returned under a voluntary Future Shop returns policy must be returned in good condition and complete with the accessories, components and other items originally supplied. Original packaging should be used wherever reasonably possible.

Future Shop may refuse a voluntary return or make an appropriate deduction where Goods have been damaged, materially altered, are incomplete or have been used beyond what would reasonably be expected for evaluating the product.

10.3 Custom-Built Cables

Goods made to a Customer’s specification may be excluded from statutory change-of-mind cancellation rights. However, most eligible Future Shop custom-built cables are separately covered by our voluntary 60-Day Money-Back Guarantee where the return relates to the cable’s performance rather than a change of mind about the specification selected by the Customer. Any exclusions will be identified on the product page or advised before purchase.

10.4 Arranging a Return

Please contact Future Shop before returning Goods so that we can confirm eligibility and provide return instructions. This is particularly important for international returns because the parcel may require customs documentation identifying it as returned merchandise.

10.5 Return Carriage under Voluntary Policies

Unless expressly stated otherwise, return carriage for a voluntary change-of-mind return is the Customer’s responsibility.

Customers are responsible for the cost of returning Goods under the voluntary 60-Day Guarantee or 30-day returns policy.

10.6 What the Voluntary Refund Covers

Once any applicable statutory cancellation period has expired, a refund made under Future Shop’s voluntary 30-day or 60-day returns policy covers the price paid for the eligible returned Goods only.

Unless Future Shop expressly agrees otherwise, the following are not refundable under the voluntary policy:

• original delivery charges;
• Duties & Taxes Prepaid;
• import duties or taxes paid directly by the Customer;
• return carriage;
• customs clearance, storage or other third-party charges.

This clause does not apply where the Customer is exercising a statutory right or returning Goods because they are faulty, incorrect or not as described.

10.7 Duties and Taxes Paid Directly by the Customer

Where an international order was shipped DAP and the Customer paid import duties, taxes or other charges directly to customs, a carrier or another third party, those amounts were not received by Future Shop and cannot be refunded by Future Shop. The Customer may be able to seek repayment from the relevant authority, subject to the rules of the destination country.

10.8 Duties & Taxes Prepaid after the Statutory Cancellation Period

Where Duties & Taxes Prepaid was selected, those charges are refundable where required under Section 9 or other applicable statutory rights.

Once the applicable statutory cancellation period has expired, Duties & Taxes Prepaid are not refundable where Goods are returned solely under Future Shop’s voluntary 30-day or 60-day change-of-mind policy.

10.9 Partial Returns

For a partial return under a voluntary Future Shop returns policy after the statutory cancellation period, the refund will normally be limited to the price paid for the returned Goods. Duties & Taxes Prepaid, original delivery charges and other Import Charges will not normally be refunded.

10.10 Free Delivery Threshold

Where a voluntary partial return reduces the retained order value below the threshold that originally qualified for free delivery, Future Shop may deduct the standard delivery charge that would have applied to the retained order. This does not apply where such a deduction would conflict with statutory Consumer rights.

10.11 Refused, Uncollected and Failed International Deliveries

Where an international Customer refuses delivery, fails to collect an order, supplies incorrect information, fails to cooperate with customs clearance or otherwise causes the shipment to be returned, Future Shop may deduct from any refund the reasonable actual costs incurred as a result, including outbound delivery, return carriage, storage, customs clearance and unrecoverable Import Charges, to the extent permitted by applicable law.

This clause does not remove or reduce any mandatory statutory cancellation or faulty-goods rights.

10.12 International Return Customs Charges

International Customers should follow Future Shop’s customs and return instructions. Where a Customer returns Goods incorrectly and this causes Future Shop to incur avoidable import duty, VAT, clearance or other charges on re-entry into the UK, Future Shop may deduct those avoidable costs from a voluntary refund where reasonable and legally permitted.

10.13 Faulty, Incorrect or Misdescribed Goods

The exclusions applicable to voluntary change-of-mind returns do not apply where Goods are faulty, damaged on delivery, incorrect or not as described and the Customer has a statutory remedy.

Where a refund is due for an international order on which Future Shop collected Duties & Taxes Prepaid, Future Shop will also refund the prepaid duties and taxes attributable to the refunded Goods where required by applicable law.

Where a replacement is supplied, Future Shop will take reasonable steps to prevent the Customer from bearing duplicate import charges caused solely by the replacement. Customers should contact Future Shop before returning or replacing international Goods so that the correct customs procedure can be followed.

10.14 Refund Processing

Once a voluntary return has been received and inspected, Future Shop will normally process the refund to the original payment method within 3–5 working days. Statutory refunds will always be processed within the applicable statutory deadline.

10.15 Abuse of Voluntary Returns Policies

Future Shop reserves the right to refuse the benefit of a voluntary extended returns policy where there is clear evidence of misuse, fraud or repeated excessive use of that voluntary policy. This does not affect statutory rights or valid claims concerning faulty or misdescribed Goods.

10.16 Business Customers

Statutory Consumer cancellation rights do not apply to purchases made wholly or mainly for business purposes. Any return by a Business Customer is subject to the terms agreed with Future Shop and any voluntary returns policy expressly extended to that Customer.

10.17 Relationship with Statutory Rights

Future Shop’s voluntary returns policies and guarantees are in addition to, and do not replace or restrict, any statutory rights that apply to the Customer.

10.18 Shipping & Returns Policy

Further practical information about arranging a return is available in our Shipping & Returns Policy. If there is any inconsistency between that policy and these Terms and Conditions, these Terms and Conditions will prevail, subject always to any mandatory statutory rights.

11.2

This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.

11.3

If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the following email address; servicedesk@futureshop.co.uk within reasonable time.

11.4

If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the email address shown below, as soon as possible, but in any event, within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.

11.5

Where Goods are faulty, incorrect or otherwise give rise to a statutory right requiring Future Shop to bear the cost of return, Future Shop will be responsible for the reasonable or necessary return carriage costs. Customers should contact us before arranging the return so that an appropriate method can be agreed. Any separate manufacturer warranty claim outside statutory rights may be subject to the manufacturer’s warranty terms.

11.6

Where Goods are faulty, Future Shop will provide the remedy required by applicable Consumer law, which may include repair, replacement, price reduction or refund depending on the circumstances and the Customer’s rights. Nothing in this warranty limits the Customer’s statutory rights.

12.2

The Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

12.3

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, nor does anything in these Terms limit the statutory rights of Consumers.

13.2

Drawings, illustrations, product images or other technical documents issued either before or after the conclusion of the agreement for the use or information of the customer shall not be copied, reproduced or communicated to any third party without the Suppliers prior written consent.

15.2

If you are a Consumer resident outside the United Kingdom, this choice of law does not deprive you of any mandatory consumer protection that applies to you and cannot lawfully be excluded by agreement.