Terms and Conditions

  1. OUR TERMS
    These are the terms and conditions on which we supply goods to you. Please read them carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

    Your attention is drawn in particular to paragraph 6.12.
  2. GENERAL INFORMATION ABOUT US, ABOUT THESE TERMS AND HOW TO CONTACT US
    1.  We are Pediwear Shoes, a trading name of Michael Small, a sole trader whose business trades from 24 Westgate, Halifax, HX1 1DJ. Our registered VAT number is 746558788.
    2. You can contact us by telephoning our customer service team at 01422 367609 (overseas +44 (1)422 367609) or by writing to us at Pediwear Shoes, 24 Westgate, Halifax, HX1 1DJ.
    3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. “goods” means the footwear or any ancillary items that you order from us.
    5. When we use the words "writing" or "written" in these terms this includes emails.
    6. “we”, “”us”, and “our” in these terms means Pediwear Shoes.
    7. “you” and “your” means the person entering into a contract with us.
    8. “overseas” means where you are outside the United Kingdom.
  3. OUR CONTRACT WITH YOU
    1. Our acceptance of your order will take place when we email you to accept it, at which point a legal contract will come into existence between you and us.
    2. If we are unable to accept your order, or unable to accept all of your order, we will inform you of this and will not charge you for the goods we are unable to provide. This might be because the goods are out of stock, because we do not have the size you have ordered, because of unexpected limits on our resources or suppliers which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
    3. If we are able to accept part of your order but not all of it, we will inform you as set out in paragraph 3.2 and if you decide that as a result you do not want to proceed with the rest of the order you can cancel it. Please see paragraph 7 which sets out how you can do so.
    4. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. OUR GOODS
    1. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may therefore vary slightly from those images.
    2. The packaging of the goods may vary from any packaging that may be shown in images on our website.
    3. Leather and suede are both a natural material. They are therefore subject to changes of colouration, shade, tone, appearance and contour. They are also prone to marks and scuffing which can easily be removed by a small polish. We do not consider that any goods that are subject to any of these mean that the goods are not of satisfactory quality.
  5. YOUR AND OUR RIGHTS TO MAKE CHANGES
    1. If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 7 - Your rights to end the contract).
    2. Different manufacturers’ shoe sizes may differ slightly, for example, size 8 for one manufacturer’s shoe may be slightly bigger or smaller than that of a size 8 for another manufacturer. We are happy to exchange shoes free of charge for our customers in the United Kingdom if they do not fit. Please follow the instructions on our website (https://www.pediwear.co.uk/orders/returns.php#returns-procedure or call customer services on the number given in clause 2.2 or email us at sales@pediwear.co.uk for a return label or to arrange collection. For our overseas customers please contact us to make arrangement for return. Although we will try and assist you, you may have to pay for the costs of return. Please note that in either case however we will not exchange goods, or if having done so might charge you, where paragraph 6.12 applies.
    3. On occasion, there may be minor material changes to the goods we supply, for example, the manufacturer of the rubber sole on a shoe may differ although the overall quality, value and durability of the goods will not be affected.
  6. SUPPLYING YOUR GOODS TO YOU
    1. The costs of delivery will be as displayed to you on our website.
    2. We will deliver the goods to you as soon as reasonably possible. We will despatch the goods to you in any event within 30 days after the day on which we accept your order.
    3. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and 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 goods you have paid for but not received.
    4. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 9am to 4.30pm Monday to Saturday (excluding public holidays).
    5. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
    6. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery 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 delivery or collection we may end the contract and paragraph 9 will apply.
    7. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
      (a) we have refused to deliver the goods;
      (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
    8. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under paragraph 6.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
    9. If you do choose to treat the contract as at an end for late delivery under paragraph 6.7 or paragraph 6.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them). If the goods have been delivered to you, you must either return them in person to our premises, post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on the telephone number in paragraph 2.2 or email us at sales@pediwear.co.uk for a return label or to arrange collection. Unless paragraph 6.12 applies, we will refund any sums you have paid to us for the cancelled goods and their delivery.
    10. The goods will be your responsibility from the time we deliver them to the address you gave us or you or a carrier organised by you collect it from us.
    11. You own the goods once we have received payment in full.
    12. You must look after the goods until you have decided you are to keep them. In particular;
      (a) you must not wear the goods outdoors or on anything other than a carpet;
      (b) you must not wear the goods other than for the purposes of trying them on as you would do in a shop;
      (c) you must not tamper with the goods in anyway, which includes, but is not limited to, cleaning or attempting to clean them;
      (d) the goods should not be worn otherwise than in accordance with (a) and (b) above. Signs of wear include creased uppers and marked soles.

      Please note that if you do not abide by this condition, then:
      (e) in exercising your right to return the goods under paragraph 7.4 we might make a reduction under paragraph 8.6;
      (f) we will not agree to an exchange of the goods under paragraph 5.2, or having done so become aware that you have not abided by this condition we might make a reduction under paragraph 8.6 or charge you for the cost of the shoes or repairing the damage caused; or
      (g) in making a refund for late delivery under paragraph 6.9 we might make a reduction under paragraph 8.6; or
      (h) if you end the contract under paragraph 7.5, we might make a reduction under paragraph 8.6 or charge you for the cost of the shoes or repairing the damage caused.
    13. If we need some more information from you so that we can supply the goods to you, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may at our discretion either end the contract (and paragraph 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  7. YOUR RIGHTS TO END THE CONTRACT
    1. Your rights when you end the contract will depend whether there is anything wrong with the goods and when you decide to end the contract:
      (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see paragraph 10;
      (b) If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 7.2;
      (c) If you have just changed your mind about the product, see paragraphs 7.3 and 7.4. You may be able to get a refund if you are within the cooling-off period of 28 days under our guarantee, but this may be subject to deductions under paragraph 8.6 and also, if you are based overseas, you will have to pay the costs of return of any goods.
      (d) In all other cases (if we are not at fault and there is no right to change your mind), see paragraph 7.5; or
      (e) If we can only accept part of your order (see paragraphs 3.2 and 3.3).
    2. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation if (c) applies. The reasons are:
      (a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
      (b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
      (c) you have a legal right to end the contract because of something we have done wrong which includes if we have delivered late (see paragraph 6.9). Please note that this does not apply to nor mean faulty or misdescribed goods to which paragraphs 7.1(a) and 10 apply.
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in paragraph 7.4.
    4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to our customers, which is more generous than your legal rights under the Consumer Contracts Regulations under paragraph 7.3 in the ways set out in this paragraph. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed goods (see paragraph 10). Our goodwill guarantee is that you have 28 days to change your mind whereas under the Consumer Contracts Regulations you have 14 days. If you are in the United Kingdom, we will also pay the costs of return. If you are overseas, you must pay the costs of return and we may be able to assist in providing a competitive courier for the return but you can chose your own courier if you wish. If your goods are split into several deliveries over different days, the 28 day period begins the day after you receive the last delivery. Please note, however, that if you do not comply with your obligations under paragraph 6.12 then you may owe us money as set out in paragraph 8.6.
    5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see paragraph 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, please contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided although this is subject to paragraph 6.12.
  8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. To end the contract with us, please let us know by doing one of the following:
      (a) Phone or email. Call customer services on the telephone number given in paragraph 2.2 or email us at sales@pediwear.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      (b) Online. Complete the form [INSERT LINK TO MODEL CANCELLATION FORM] on our website.
      (c) By post. Print off the form [INSERT LINK TO MODEL CANCELLATION FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    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 or post them back to us at Pediwear Shoes, 2 Wards End, Halifax, HX1 1BX. Please call customer services on the telephone number given in paragraph 2.2 or email us at sales@pediwear.co.uk for a return label or to arrange collection if you are in the United Kingdom. If you are outside the United Kingdom, you must pay the costs of return and we may be able to assist in providing a competitive courier for the return but you can chose your own courier if you wish. If you are exercising your right to change your mind under our guarantee under paragraph 7.4 you must send off the goods within 14 days of telling us you wish to end the contract.
    3. We will pay the costs of return:
      (a) if the goods are faulty or mis-described;
      (b) if you are ending the contract because we have told you of 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
      (c) if you are in the United Kingdom (only) and you are exercising your right to change your mind under paragraph 7.4.
      In all other circumstances, you must pay the costs of return.
    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 by our courier. The costs of collection will not exceed our charges for standard delivery.
    5. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as explained in paragraph 6.12.
    6. If you are exercising your right to change your mind under paragraph 7.4:
      (a) 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 them in a way which would not be permitted in a shop or wearing the goods (see paragraph 6.12 for what you must not do with the goods and when we may make deductions from money you have paid or charge you). 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.
      (b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
    7. Provided you have complied with your obligations (in particular see paragraph 6.12) and provided the goods are not faulty (unless paragraph 10 applies) we will make any refunds due to you as soon as possible once we receive the goods back.
  9. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract at any time by writing to you if you break it, which will be if:
      (a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
      (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods (see paragraph 6.13); or
      (c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us (see paragraph 6.6).
    2. If we end the contract in the situations set out in paragraph 9.1 we will refund any money you have paid in advance for goods we have not provided but we may at our discretion deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
  10. IF THERE IS A PROBLEM WITH THE GOODS
    1. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team on the telephone number in paragraph 2.2 or write to us at sales@pediwear.co.uk or 24 Westgate, Halifax, HX1 1DJ. Alternatively, please speak to one of our staff in-store.
    2. We are under a legal duty to supply goods that are in conformity with this contract. See paragraph 10.4 for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
    3. Your attention is drawn to paragraph 4.3 in relation to the goods and what constitutes goods being of satisfactory quality.
    4. This is only a summary of your legal rights. They are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk . The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods 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.

      See also paragraphs 7.3 and 7.4 relating to your right to return goods within our guarantee period.
    5. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0800 1777 320 or email us at sales@pediwear.co.uk for a return label or to arrange collection.
  11. PRICE AND PAYMENT
    1. The price of the goods (which includes VAT if you are based in the United Kingdom) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see paragraph 11.3 for what happens if we discover an error in the price of the goods you order.
    2. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
    3. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable 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.
    4. We accept payment by way of Visa, Mastercard, AmEx, JCB, Maestro, Bank Transfer, and PayPal. You must pay for the goods before we dispatch them.
    5. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of [Your bank] from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. 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.
    2. We do not exclude any 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 goods including your right to receive goods which are as described and match information we provided to you, are of satisfactory quality, are fit for any particular purpose made known to us, and for defective goods under the Consumer Protection Act 1987.
    3. We only supply the goods for domestic and private use. If you use the goods 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.
  13. HOW WE MAY USE YOUR PERSONAL INFORMATION
    We will only use your personal information as set out in our privacy policy at www.pediwear.co.uk/orders/privacy.php
  14. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at paragraph 7.4 to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the goods.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 14.2 in respect of our guarantee. 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.
    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.
    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.
    6. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.