| Terms and Conditions Products dispatched imediatley (6 days a week) upon reciept of payment. We will refund all un-damaged returns, minus postage and handling. If the Royal Mail does not deliver your goods, we will refund the total amount, minus a £2 handling charge after our claim against the Royal Mail has been successfull. For this claim to be successfull, we will require a signed and dated declaration stating that you have not recieved the goods, what they were, when you ordered them and at what cost. - This letter is to be dated and sent after and under the following terms of the Royal Mail - Items sent by 1st Class are not classed as lost by the Royal Mail until 15 working days after the due date. For Airmail it is not until after 20 working days for items going to Europe and after 25 working days for Rest of the World 1. SELLER'S CONDITIONS OF SALE APPLY These are the Terms and Conditions of sale which apply to and govern all our/the Contracts between us as the Seller ('The Seller') and you as the Buyer ('The Buyer'). By accepting delivery of the product you accept and agree to be bound by these Terms and Conditions. These Terms and Conditions shall apply as the complete and exclusive terms of each contract, and no variation from the Buyer contained in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed by the Seller in writing. 2. DELIVERY (a) Unless otherwise and previously agreed in writing (on each occasion) between the Seller and Buyer, acceptance by the Buyer of goods which have been ordered shall occur upon delivery, or attempted delivery, to the Buyer. (b) If the Buyer fails to take delivery at the time specified in the Contract the Seller shall be entitled without prejudice to any other rights he may have to either treat the Contract as at an end and to resell the goods, or to invoice the goods whereupon payment in full shall become due forthwith. (c) For goods which are contracted for delivery by instalments late delivery of an instalment shall not entitle the Buyer to reject any other instalment under the same Contract. (d) (i) Any date of delivery given by the Seller to the Buyer shall be an estimate date only and while the Seller will endeavour to comply with any such date he shall not be responsible for late delivery. (ii) Without prejudice to the generality of the forgoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller. 3. RISK All goods are borne at Buyer's risk from the time notification when delivery, or attempted delivery, takes place at the location stipulated in the Contract between the Buyer and the Seller. 4. RETENTION OF TITLE (a) Goods shall remain the sole and absolute property of the Seller as legal and equitable owner of the goods until payment of all sums due to the Seller from the Buyer on any accounts whatsoever have been received in full by the Seller. Risk in such goods will pass to the Buyer upon delivery to it or its agent. (b) Where payment is effected by cheque the Seller shall be treated as not having received payment until that cheque has been honoured and the amount credited to the bank account of the Seller. (c) Until the property in the goods is vested in the Buyer, in accordance with (5a) above, the Buyer shall not pledge and shall store separately and mark the goods so that they are readily identifiable as the property of the Seller and hold the goods as agent for the Seller until such time as full and cleared payment is received by the Seller. (d) No form of failure or delay on the part of the Seller to require compliance by the Buyer of its obligations hereunder shall operate or be treated as a waiver thereof. (e) The Seller shall be entitled to serve notice on the Buyer indicating its intention to retake possession of the Seller's goods if the Buyer is in breach of the payment terms under this Contract or if the Seller reasonably considers that its property is in jeopardy. On receipt of such notice from the goods shall be immediately delivered to the Seller, and the Seller by it's employees or agents shall have the right to enter upon any land, building or vehicles of the Buyer to take possession of its goods. 5. LIMITATION OF SELLER'S LIABILITY (a) In any case where it is established to the satisfaction of the Seller that there has been a short delivery or a failure to deliver the goods to their destination or that the goods have been damaged (whether wholly or in part) prior to delivery the Seller will replace them or where the goods have been damaged accept their return and credit the Buyer with the price thereof provided that:- (i) Any complaint by the Buyer of short delivery of or damage to the goods shall have been notified in writing to the Seller immediately upon receipt of the goods; (ii) Any complaint by the Buyer of failure to deliver shall have been notified within 10 days of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier. (b) In any case where it is established to the satisfaction of the Seller that when delivered goods contained some defect in quality or did not correspond with sample or description the Seller may (entirely at the Seller's discretion) assign to the Buyer the benefit of any express guarantee or warranty received by the Seller from the manufacturer or supplier of the goods, failing which the Seller will:- (i) Replace the goods without further charge, or (ii) Accept the return of the goods and credit the Buyer with the price thereof, or (iii) Make the Buyer an allowance being the difference between the value of the goods at the time of the complaint by the Buyer and the invoice price provided that any complaint by the Buyer shall have been notified in writing to the Seller immediately upon delivery. (c) Save as aforesaid the Seller will not be liable to the Buyer for any loss or damage suffered as a result of the events or for any of the reasons referred to in paragraphs (6a) and (6b) of this Condition and without prejudice to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded to the fullest extent permitted by law governing this Agreement and if any provision is held to be invalid then the remainder of these provisions shall continue to apply. (d) The Seller shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract. (e) The Seller shall be under no liability if the goods are not paid for by the due date. (f) The Seller's entire liability shall be limited to the value of the goods. 6. CONSEQUENTIAL LOSS Without prejudice to the generality of the foregoing provisions the Seller shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising. 7. FORCE MAJEURE The Seller shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the Seller. 8. LAW These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts. 9. THIRD PARTY RIGHTS The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement. 10. E-MAIL PRIVACY We will never disclose your e-mail address to a third party without your prior consent. « Back |
