Terms and Conditions of Sale
1. FORMATION AND INTERPRETATION OF CONTRACTS
a. All contracts of sale made by (The Seller) shall be deemed to incorporate these conditions. No contract, and no purported to variation of or addition to these conditions or any contract is effective unless and until the Seller confirms the order by email.
b. These conditions shall override and take the place of any other terms and conditions, any document or other communication used by the buyer in concluding the contract with the Seller. If any contract is made on the basis of any INCOTERMS or similar terms these conditions shall prevail in the terms of any inconsistency.
c. The application of the uniform laws on international sales shall be excluded. The construction, validity and performance of all contracts shall be governed by English law and any claim or dispute arising from them shall without prejudice to the seller’s other rights be subject to the jurisdiction of and the determination by the English Courts.
d. The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such provision for any other purpose or the remaining provision. Any such provision shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of each severance.
e. The heading used herein are for convenience only and shall not effect construction and “Liabilities in relation to ‘means’ all Liabilities, losses, damages costs (including without limitation legal costs on a full indemnity basis and VAT expenses actions. Claims proceedings and demand whatsoever arising directly or indirectly out of or in connection with”
Unless otherwise expressly stated in writing by the Seller orders are accepted on the basis that:
a. The price stated is the net price of the goods (after deduction of any discounts) for delivery in accordance with the contract and overrides any quotation.
b. The price is exclusive of value added tax and any other impositions whatsoever which if applicable shall be paid by the buyer in addition.
a. The following credit or debit cards are the only credit or debit cards accepted by the Seller. Visa, Visa Electron, Verified by Visa, MasterCard, MasterCard Secure Code, Maestro & JCB
b. Upon completion of your on-line purchase, authorised payments will be charged to your payment card immediately.
c. Your credit/debit card details will be encrypted by the Site to minimise the possibility of unauthorised access or disclosure.
e. Authority for payment must be given at the time of order. If there is a problem with your authorisation or your payment we will let you know immediately.
f. The Seller will confirm receipt of your order by email.
4. DESPATCH AND DELIVERY
a. Any stated delivery date is an estimate only. The Seller will use all reasonable endeavours to meet any such date but shall not otherwise incur any liability whatsoever (in contract, negligence or otherwise) for any loss or damage resulting from delay howsoever caused.
b. Except insofar as the contract expressly provides otherwise, the Seller may select the method and charge the Buyer for the cost of carriage.
c. Risks in the goods shall pass to the Buyer upon delivery at the Buyers premises.
d. In contracting for carriage and/or insurance of the goods in transit, the Seller shall be deemed to act solely as agent of the Buyer and section 32(2) and (3) of the Sale of Goods Act 1979 shall not apply.
e. If the goods are not delivered or on delivery are damaged or short the Seller shall in no event be liable unless the Buyer notifies the Seller in writing within 4 days of the date of the delivery or in the case of non-delivery 14 days of the expected date of delivery so stated. The Buyer may not reject the goods by reason of short delivery.
f. The Buyer shall on demand pay the Seller for and/or indemnify the Seller against all liabilities in relation to any storage handling insurance or other services provided or used by the Seller because the Buyer fails to accept delivery of the goods when tendered and the Seller shall have a lien over the goods in respect thereof.
g. The Seller may deliver the goods by instalments each instalment to be deemed to be a separate contract without limiting the other provisions herein on failure or detect in respect of any contract or instalment shall enable the Buyer to repudiate or cancel any other contract or instalment.
h. The Seller will inform the Buyer by email if any products ordered by the Buyer are out of stock or no longer available.
a. The Property therein shall not pass to the Buyer until receipt by the Seller of payment in full for such item.
6. RETURNS POLICY
a. Save as provided by sub-clause (b) hereof the Buyer shall at no time be entitled to return the Goods or to refuse to accept delivery thereof without the Sellers prior written consent.
b. Any claim for any defect as to quality or otherwise of the Goods shall be made by the Buyer in writing to the Seller within 7 days of delivery thereof.
c. The Seller shall not be liable hereunder unless a claim in writing as provided by this Clause shall have been received at the Seller’s business address within the time herein provided.
e. The Seller reserves the right to levy a handling charge of a percentage of the invoiced value of Goods returned for credit as follows: All Goods 15%
7. SPECIFICATIONS DESCRIPTIONS AND DRAWINGS
a. All specifications descriptions, drawings and samples of goods are approximate only being indented to serve merely as a guide, and so the Seller shall not be liable for accuracy, the Seller without limitation may alter the goods to introduce improvements and no contract shall be a contract by description and/or sample.
b. All drawings, models and similar items prepared by the Seller and the copyright therein shall remain the property of the Seller. All samples, models, designs and drawings relating to the goods or their development or creation shall remain the Sellers property shall be treated as confidential and shall not be copied reproduced or disclosed to any third party without the Sellers prior written consent.
a. When ordering goods for delivery overseas you may be subject to import duties and taxes, which are levied once the goods reach the destination. Any additional charges for customs clearance must be borne by the Buyer; the Seller has no control over these charges and cannot predict what they may be. Customs policies vary from country to country & the Buyer is advised to contact the local customs office for further information. Please note that the Seller considers the Buyer to be the importer of record and as such the Buyer must comply with all laws and regulations of the country in which the goods are received. The Buyer should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
a. The Seller warrants that if any goods supplied by the Seller are defective, as to material or workmanship not caused wholly or partly while at the Buyers risk by wilful default, accident, improper storage or use or failure to follow instructions the Seller shall make good without charge by repair or (at the Sellers discretion) replacement provided that the Seller (acting reasonably) is satisfied that the goods are so defective and is notified by the Buyer pursuant to clause 4(f) & that they are returned to the Sellers premises carriage paid immediately the Buyer becomes aware of the defect, subject to the goods having been paid in accordance with clause 3(a) herein returned in the original packaging.
10. LIMITATION AND EXCLUSION OF LIABILITIES
a. The Seller’s obligation and liabilities to the Buyer in respect of the goods shall be limited to those set out expressly herein and those implied (as to title etc) by section 12 of the Sale of Goods Act 1979 and, where the contract is not an international supply contract within section 26(3) of the Unfair Contract Terms Act 1977, any liability for death or personal injury resulting from negligence (as defined in the act) of the Sellers the Buyer acknowledges that this is reasonable and reflected in the price and shall accept risk and/or insure accordingly.
b. Subject to and without limiting (a) above no collateral contract no representation warranty, condition stipulation liability obligation whatsoever (without limitation whether arising)
c. In contract, tort (including negligence) or otherwise or
d. Expressly implied at common law, by statute custom usage or course of dealing or otherwise is given made or undertaken by the Seller or its employers without limitation in relation to their description correspondence with sample, state conditions, quality, performance, safety, merchantability, fitness for any particular purpose or other characteristic on delivery or at any other time, all of which are hereby excluded and extinguished and otherwise waived by the buyer.
e. Subject to and without limiting (a) and (b) above
f. The Seller shall not be liable to the Buyer for any loss, injury or damage of any nature whatsoever whether direct or consequential arising out of or in connection with any goods supplied and
g. The Buyer shall not rely upon any representation concerning goods supplied unless the same have been made by the Seller in writing.
11. OTHER BUSINESSES
a. The Seller provides links to the websites of affiliated companies & certain other businesses. The Seller is not responsible for examining or evaluating, and does not warrant or endorse the content of their websites. The Seller does not assume any responsibility or liability for the actions, products & content of any of these third party websites. You should carefully review their privacy statements & other conditions of use.
12. INTELLECTUAL PROPERTY
a. All content included in this website, such as text, graphics, logos, button icons images, digital downloads, data compilations & software, is the property of the Seller & is protected by copyright, author’s rights & database right laws. You may not extract &/or re-use parts of the contents of the website without the sellers written consent.
13. HEALTH AND SAFETY AT WORK
a. The Buyer shall be solely responsible for and shall keep the Seller indemnified against all liabilities incurred by the Seller in relation to any use of the goods other than in strict accordance with the Seller’s operating instructions.
14. FORCE MAJEURE
a. Whilst the Seller intends to use all reasonable endeavours to perform, the Seller may terminate, cancel, rescind and/or suspend and/or reduce the quantities to be supplied under any contract in any way adversely affected by any cause whatsoever beyond the Sellers reasonable control including, without limitation, any war, riot, Civil commotion, strike lock-out, sit-in, trade dispute, flood, accident to plant and machinery or shortage of any material, labour electricity or other supply.
a. The Buyer shall not assign, mortgage, charge, sub-let or otherwise dispose of any contract or any rights there under in whole or in part without the Seller prior written consent. Any of the same purported to be effected without such consent shall be void.