Terms and Conditions
Please see clause 10 for details of your rights to cancel orders.
We draw your attention to clauses 11 setting out limitations and exclusions of our liability.
You must be over 18 years of age to purchase from Viking.
We only offer contracts in the English Language.
You should keep a copy of this document for future reference.
These sales terms replace all previous business and consumer editions of our sales terms.
1. ABOUT THIS DOCUMENT
What they cover Welcome to Viking. This document sets out the terms and conditions applicable to all sales by Viking, including through its websites, by telephone, or other means. We may change these Conditions at any time, and any changes will take effect on the date they are posted on our Website. Those changes will not affect any orders you submitted before the change. These Conditions apply to the exclusion of your own terms and conditions of purchase.
2. ABOUT VIKING Viking is a trading name of Office Depot International (UK) Limited, a company registered in England and Wales, with company number 2472621. Our postal address and registered office is at 501 Beaumont Leys Lane, Leicester, Leicestershire LE4 2BN.
3. DEFINITIONS In these sales terms: (a) other charges mean any other charges or fees in addition to the price and delivery charges, as stated in the contract terms; (b) the contract is the contract which incorporates these sales terms; (c) the delivery charges means our charges for delivery of the products as stated in the order specific terms; (d) the delivery address means the address for delivery of the products as stated in the order or to the billing address associated with your payment card or other payment service used to pay the price; (e) the order is your order for the purchase of any products submitted to us, which incorporated these sales terms, or resulted in the contract, including any order through our website; (f) the order specific terms are any specific terms for your order as agreed in writing with you prior to the order; (g) the price means the price of the products as stated in the order specific terms; (h) the products mean the goods, and other products ordered by you as set out in the order specific terms; (i) you and your means the person who submitted the order, or who is purchasing from us under the contract to which these sales terms apply; (j) we, us, our and Viking mean Office Depot International (UK) Limited; (k) the website means our website at www.viking-personalisation.co.uk; (l) and working or business day means Monday to Friday, except bank or other public holidays.
4. THE ORDER PROCESS
4.1 Withdrawing your order You are entitled to withdraw your order at any time up to moment that we accept it and it becomes a binding contract. After it has become a binding contract you can only cancel it in accordance with your cancellation rights as set out below, or in accordance with your legal rights if we are in breach of the contract.
4.2 Acknowledgement of your order Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email does not amount to acceptance of your order, or create a binding contract unless expressly stated in it by us.
4.3 Acceptance of your order For product orders, acceptance of your order will occur and a binding contract for the sale and purchase of the all of products will be formed between you and us when we first dispatch any of the products in your order, or if sooner, we first email you to confirm that any of the products in your order have been dispatched.
4.4 Declining your order If we decline your order for any products, for any reason, we will normally e-mail or telephone you to inform you, and give you our reasons. We may decline your order before we have accepted it for any reason at our sole discretion, and we may decline your order in whole or in part.
4.5 Multiple items If your order lists more than one product or service then there shall be considered to be a separate and independent order and contract for each of them.
5. CONTRACT TERMS The terms of the contract will comprise the following:
5.1 General Terms (a) The following general sales terms; (b) the general delivery information published by us, including on our website at the time of your order, setting out among other things, delivery charges, delivery locations, timescales, and restrictions; (c) the descriptions and specifications and additional terms specified for the products in any product specification page or section on our website and in our current catalogue, at the time of your order; and (d) any terms implied into the contract by statute or rights in relation to this contract granted by any statute, unless and to the extent they are otherwise limited, varied or excluded by any other contract terms.
5.2 Order Specific Terms The specific terms of you order (including description and quantity of products ordered, price and other delivery charges applicable, your details, delivery address, billing address, and payment method and details) set out in the checkout webpages (for website orders) generated by our website and sent to your web browser, in each case, as may be confirmed by us in any written acknowledgement or acceptance of your order which we send to you.
6. DESCRIPTION Any products ordered will correspond to their description. The description is essentially as set out in our website at the time of order, but there may be minor variations in specification, colour or other features between that description and the product received. Where the product comprises personalized images, Viking take no responsibility for the quality of the reproduction of the image in the event the minimum quality standards set out on our website are not adhered to.
7. CHARGES AND VAT You agree to pay the price, delivery charges and any other charges stated in the order specific terms. You are obliged also to pay VAT on all charges, at the same time as the charges.
8. PAYMENT TERMS
Payment With Order Payment of the price, delivery charges, and any other charges and amounts payable under the contract must be made on order. You must pay in the currency in which the price, delivery charges, and any other charges are stated by us. We accept payment by such cards and other methods as may be stated on our website from time to time. The price, delivery charges and all other charges are payable on order, and we are not obliged to process your order or dispatch any products until payment in full has been received by us. You authorise us to take payment from any card or other payment service for which you have provided details, at the time of, or at any time after you have submitted, your order, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you.
9. DELIVERY 9.1 Delivery of the products will take place at the delivery address. Please note that we only deliver to addresses located within the United Kingdom (including Northern Ireland) and such other places as may be stated in any delivery information on our website.
9.2 We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site, or if not specified, between 8am and 6pm. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. We cannot deliver next-day or same-day on direct delivery goods.
9.3 We will use reasonable efforts to deliver the products by the delivery dates or within the delivery timescales stated in the other contract terms.
9.4 We are not responsible for delay in supplying or delivering or failure to supply or delivery any products if due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem in supplying the products, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, or give you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order.
9.5 We may make delivery of the products by instalments.
9.6 If delivery is attempted within our stated delivery hours and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, charge you our direct costs of returning the products to the depot, a reasonable storage charge, and another delivery charge for re-delivering the products at another time.
9.7 All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights.
9.8 You should check that you have received all of the products you ordered, and inform us by the next working day after delivery has been made if you do not think you have received the products ordered, or if the products are faulty or damaged, otherwise all products purported to be covered by the delivery shall be deemed to have been delivered.
9.9 Risk in the products shall pass to you when they come into your physical possession, or any person identified by you to take possession of the products, or any carrier you commissioned to collect the products from us and transport them to you, or our courier service hand over the products to any person who you authorise to collect them from a postal or courier service, or we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us when they come back into our physical possession, or any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.
10. CANCELLATION AND RETURNS You are not able to cancel your order for products made to your specifications or personalised for you, such as personalised products once your order has been accepted by Viking. Viking will only accept returns if the products are damaged or defective, such damage or defect must have been reported in accordance with clause 9.8 above.
11. OUR LIABILITY TO YOU
11.1 Limitations and exclusions In this contract, references to our "liability" shall be to our liability to you under or for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the products. Our total liability for all events giving rise to liability to you in aggregate for all such events shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract as ascertained at the time of your order. We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments wasted, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the products elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. Notwithstanding any other contract term, we do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
11.2 Claims Limitation Periods We shall not be liable in respect of any products missing from a delivery, and all products purported to be in a delivery shall be considered to have been delivered in full, if you do not notify us otherwise by the end of the next working day following the day of delivery.
12. VIKING RIGHT TO CANCEL OR VARY We shall be entitled to vary the contract, or to cancel the contract, as a whole or in respect of any products, at our option, if any of the following applies: we do not have the products in stock at all or in a fit state to supply to you; or we find we not have sufficient products in stock to meet all our orders from all our customers; or the cost of acquiring the products to supply to you is higher than when your order was accepted by us; we are not able to obtain the products from our suppliers at all or in time to meet the delivery timescales; the contract terms (including our website or catalogue, or your order) contained any error, including in relation to the description or price of any of the products; or we have not received payment in full of or are unable to obtain authorisation for payment of the charges and other amounts payable by you; you do not meet any minimum age requirement for ordering; or if you are purchasing the products with a view to reselling them. If we propose to vary the contract, we will give you an offer to continue with your order subject to such variations as we propose, in which case we will identify any variations (including any proposed changes to the products, the price and delivery charges, and delivery timescales) and we will state how long that offer will remain open; and if you do not accept our offer, then the contract will be deemed to be cancelled. If the contract is cancelled under this clause 17: you must return to us any products supplied to you under the contract in an unused and unopened condition (at our cost if you are not at fault); and we will offer you a full refund for the products cancelled, subject to receiving back from you any products supplied in the condition required by this clause.
13.1 Entire Agreement The contract terms constitute the entire agreement between you and us for the sale and purchase of the products. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the contract terms shall only be binding upon us if made in writing and signed by a director of Viking. No employee, other than a company director, has authority to change the terms of the contract.
13.2 Third Party Rights The contract shall not benefit or be enforceable by any person other than you and us.
13.3 Sub-contracting We may sub-contract our obligations under the contract.
13.4 Invalid Terms Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
13.5 Waivers We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
13.6 Law and Jurisdiction The contract and all non-contractual obligations arising out of it shall be governed by the laws of England and Wales. You agree to exclusively bring any claims against us relating to this website or any non-contractual obligations arising out of it in the courts of England and Wales.
13.7 Privacy To ensure you receive the best service available some calls may be monitored or recorded for training purposes. We occasionally share our customer list with other carefully selected companies outside the group for sales and marketing purposes. You will not receive marketing calls from these companies if you are registered with the TPS (Telephone Preference Service) or FPS (Fax Preference Service) unless you have given us your consent to receive them. If you want to be excluded from all third party marketing please contact us on 0844 412 1111.