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The description and price
of the goods you order will be as shown on the Supplier´s
website at the time you place your order.
The goods are subject to
availability. If on receipt of your order the goods you have ordered
are not available in stock we will not accept your order. If after
acceptance or job order the Supplier discovers within [14 days]
of our acceptance of your order that the goods are unavailable we
may terminate the contract and refund or re-credit you for any sum
that has been paid by you or debited from you for the goods.
Every effort is made to
ensure that prices shown on the Supplier´s website are accurate
at the time you place your order. If an error is found within 14
days of accepting your order, the Supplier will inform you as soon
as possible and offer you the option of reconfirming your order
at the correct price, or cancelling your order. If the Supplier
does not receive an order confirmation within 14 days of informing
you of the error, the order will be cancelled automatically. If
you cancel the order, or if the order is cancelled automatically
due to the expiry of the 14 day period, the Supplier will refund
or re-credit you for any sum that has been paid by you or debited
from you for the goods.
In addition to the price,
you may be required to pay a delivery charge for the goods.
Payment for the goods and
delivery charges can be made by any method shown on the Supplier´s
website at the time you place your order. Payment shall be due before
the delivery date and time for payment shall be a fundamental term
of this agreement, breach of which shall entitle the Supplier to
terminate the contract immediately.
There will be no delivery
until cleared funds are received.
Payments shall be made
by you without any deduction whatsoever unless you have a valid
court order requiring an amount equal to such deduction to be paid
by the Supplier to you.
The goods you order will
be delivered to the address you give when you place your order,
except that some deliveries are not made outside the United Kingdom.
Orders placed before 1.00
pm on a working day will be processed that day and will be delivered
as per the requested delivery option provided no additional security
checks are required and all stock items are available. (A working
day is any day other than weekends and bank or other public holidays.)
If delivery cannot be made
to your address for reasons under the Supplier´s control the
Supplier will inform you as soon as possible.
If you deliberately fail
to take delivery of the goods (otherwise than by reason of circumstances
under control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier , the Supplier may:
store the goods until
actual delivery and charge you for reasonable costs (including insurance)
of storage; or
sell the goods at the
best readily obtainable price and (after deducting all reasonable
storage and selling expenses) account to you for any excess over
the price you agreed to pay for the goods or charge you for any
shortfall below the price you agreed to pay for the goods.
If you fail to take delivery
because you have cancelled your contract under the Distance Selling
Regulations the Supplier shall refund or re-credit you within 30
days for any sum that has been paid by you or debited from you for
the goods. On exercising your right to cancel you shall be required
to return the goods to the Supplier. Should you fail to return the
goods, the Supplier reserves the right to deduct any direct costs
incurred by the Supplier in retrieving the goods as a result of
such failure.
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 delay
in delivery. In this case, the Supplier will inform you as soon
as possible.
Upon receipt of your order
you will be asked to sign for the goods received in good condition.
If the package does not appear to be in good condition then please
refuse the delivery. If you are unable to check the contents of
your delivery at the point of delivery then please sign for the
parcel as “UNCHECKED”. Failure to do so may affect any
warranty claims that you mak e thereafter.
The goods are at your risk
from the time of delivery.
Ownership of the goods
shall not pass to you until the Supplier has received in full (in
cash or cleared funds) all sums due to it in respect of:
the goods, and
all other sums which are or which become due to the Supplier from
you on any account.
The Supplier shall be entitled
to recover payment for the goods even though ownership of any of
the goods has not passed from the Supplier.
Title for Business Customers
If you are a business customer
until ownership of the goods has passed to you, you must:
store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that
they remain readily identifiable as the Supplier´s property;
not destroy, deface or
obscure any identifying mark or packaging on or relating to the
goods; maintain the goods in satisfactory condition and keep them
insured on the Supplier´s behalf for their full price against
all risks to the reasonable satisfaction of the Supplier. On request
you shall produce the policy of insurance to the Supplier; and
hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money,
nor pay the proceeds into an overdrawn bank account.
If you are a business customer
your right to possession of the goods shall terminate immediately
if:
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 grant-ing
of an administration order in respect of you, or any proceedings
are commenced relating to your insolvency or possible insolvency;
or
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
you encumber or in any
way charge any of the goods.
You have the right to cancel
the contract at any time up to the end of 7 working days after you
receive the goods (see below).
To exercise your right
of cancellation, you must give written notice to the Supplier by
hand, post or email to our website, giving details of the goods
ordered and (where appropriate) their delivery. Notification by
phone is not sufficient.
Except in the case of faulty
or misdescribed goods, if you exercise your right of cancellation
after the goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own cost. The goods
must be returned to the address shown as identified in the website.
You must take reasonable care to ensure the goods are not damaged
in the meantime or in transit. In the case of faulty or misdescribed
goods we shall, after receiving notification in accordance with
clause 8.3 or 8.4, either collect the goods from you or ask you
to return the goods yourself and possibly refund you the reasonable
postage costs.
Once you have notified
the Supplier that you are cancelling the contract, the Supplier
will refund or re-credit you within 30 days for any sum that has
been paid by you or debited from you for the goods.
Except in the case of faulty
or misdescribed goods, if you do not return the goods as required,
the Supplier may charge you a sum not exceeding the direct costs
of recovering the goods.
You do not have the right
to cancel the contract if the order is for computer software which
has been unsealed by you, or for consumable goods which, by their
nature, cannot be returned, save where a fault is discovered which
could not have been discovered otherwise than by unsealing the goods.
All goods supplied by the
Supplier are warranted free from defects for 12 months from the
date of supply (unless otherwise stated). This warranty does not
affect your statutory rights as a consumer.
This warranty does not
apply to any defect in the goods arising from fair wear and tear,
wilful 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.
If the goods supplied to
you are damaged on delivery, you should notify the Supplier in writing
via the returns email on the webiste within 14 days.
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 returns email on the website, as soon as possible, but in
any event within 14 days of the date you discovered or ought to
have discovered the damage, defect or complaint.
Subject to 9.2 below, if
you are a consumer the Supplier shall not be liable to you for any
loss or damage in circumstances where:
there is no breach of
a legal duty owed to you by the Supplier or by its employees or
agents;
such loss or damage is
not a reasonably foreseeable result of any such breach;
any increase in loss
or damage resulting from breach by you of any term of this contract.
Nothing in these conditions
excludes or limits the liability of the Supplier for death or personal
injury caused by the Supplier´s negligence or fraudulent misrepresentation.
If you are a business customer
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.
The Supplier will take all reasonable precautions to keep the details
of your order and payment secure but unless the Supplier is negligent,
the Supplier will not be liable for unauthorised access to information
supplied by you.
Product images are for illustrative purposes only and may differ
from the actual product.
These terms of sale and the supply of the goods will be subject
to English law and the English courts will have jurisdiction in
respect of any dispute arising from the contract, save that consumers
resident in Scotland shall have the right to insist upon these terms
being construed in accordance with the laws of Scotland and to submit
to the jurisdiction of Scottish courts.
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