Terms and conditions for the supply of goods through a website
1 The contract between us
1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provided in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.2 If you hold a credit account with us upon receipt of your order we will confirm that your order has been accepted by sending an invoice by email to you at the address provided on your order form. Payment shall be due upon the date of the invoice and made within 30 days of that date.
1.3 If payment is late we may charge interest on unpaid amounts at the annual rate of 4% above the base rate by HSBC from time to time or require payment in advance of delivery on any undelivered goods or refuse to make delivery of any goods whether ordered under the contract or otherwise to terminate this contract or other contract with you or withdraw credit terms or any of the above whether in combination or otherwise.
1.4 Where credit terms are withdrawn all amounts payable become immediately due and further deliveries (if any) will be suspended until such payment is made.
1.5 You may not withhold or set off any amounts for any reason against the price due under the contract.
1.6 Payments received by cheque or other credit transfer shall not be deemed to be paid until they have been honoured and credited to our bank account.
2 Price
2.1 The prices payable for goods that you order are set out on our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3 Cancellation by us
3.1 We reserve the right to cancel the contract between us if:
3.1.1 we have insufficient stock to deliver the goods you have ordered;
3.1.2 we do not deliver to your area; or
3.1.3 one or more of the goods you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
3.2 If we do cancel your contract we will notify you by e-mail and will credit to your account any sum deducted by us from your means of payment as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
4 Delivery of goods to you
4.1 We will deliver the goods ordered by you to the address you gave us for delivery at the time you make the order.
4.2 Delivery will be made as soon as possible after your order is accepted. Any date given for delivery is an estimate only and we shall not be liable for any damage loss or inconvenience sustained by you as a result of any delay in delivery.
4.3 If you fail to take delivery of the goods or fail to give us adequate delivery instructions then without prejudice to any other right or remedy available to us we may store the goods until actual delivery and charge you for the reasonable costs thereof; or sell the goods at the best price readily obtainable and after deducting all reasonable costs incurred account to the you for the excess over the price under the contract or charge you for any shortfall below the price of the contract.
5 Risk
Risk or damage to or loss of the goods shall pass to you upon delivery and if you wrongfully fail to take delivery of the goods then risk or damage or loss of the goods shall pass at the time when we or our carrier has tendered delivery.
6 Title
6.1 Notwithstanding delivery and the passing of risk in the goods or any other provision the property in the goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods and any other goods agreed to be sold by us to you for which payment is then due.
6.2 Your right to possession of the unpaid goods shall cease if the contract is terminated by an event described in clause 11.
6.3 If we requested that the goods be immediately delivered-up and you do not comply you hereby grant to us the right to enter upon any premises of yours where the goods are stored so as to enable us or our agent to repossess the goods.
6.4 You warrant that you are not at the time of entering into this contract insolvent and know of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights over or against its assets.
7 Warranty
7.1 Unless otherwise stated we will for a period of twelve months from the date the risk under the contract passes either repair or replace the goods (as per clause 8.2) where the same is confirmed by us to be defective as a result of faulty workmanship process or material.
7.2 Our obligation under this condition shall cease if it is shown that the defects result from an unauthorised modification or use for a purpose other than for one for which the goods are intended or misuse or abuse generally or if original identification or marks have been removed or altered or any one of the above whether in combination or otherwise.
7.3 In the case of a warranty claim not being proved to the reasonable satisfaction of us you shall pay to us reasonable out of pocket expenses incurred in investigating and reporting on the complaint.
8 Liability
8.1 If the goods we deliver are not what you ordered or are damaged or defective on delivery or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address (see clause 12) of the problem within 28 days of the delivery of the goods in question.
8.2 If you notify a problem to us under this condition, our only obligation will be:
8.2.1 to make good any shortage; or
8.2.2 to replace or repair any goods that are damaged or defective.
8.3 Save as otherwise provided in these terms and conditions or otherwise as precluded by law, we will not be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person arising from the supply of goods under the contract between us. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect consequential loss.
8.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation and exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8.5 Notwithstanding the forgoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9 Unwanted Goods
9.1 Unwanted goods may be returned for credit if you notify us in writing at our contact address (see clause 12) within 7 days from the delivery date. However unwanted goods will be subject to a minimum restocking charge of 25% of the full invoiced value or £25, whichever is greater.
9.2 Goods must be returned in their original packaging and be in their original condition. No goods will be accepted for return unless our prior agreement has been obtained in writing.
10 Force Majeure
Both parties will be released from their respective obligations in the event of national emergency war prohibitive governmental regulations or if any other cause beyond the reasonable control of the parties renders the performance of the contract impossible whereupon all monies due to us shall be paid immediately.
11 Termination
In the event that you become insolvent or bankrupt or make an arrangement with creditors or in the case of a company goes into liquidation other than for the purpose of reconstruction or amalgamation or a Receiver is appointed or an administration order is made the contract shall terminate automatically upon the occurrence of any such event but without prejudice to our rights. Termination shall not prejudice any other rights that either party have one against the other.
12 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 12 Railton Road, Woburn Road Industrial Estate, Kempston, Bedford MK42 7PW United Kingdom and all notices from us to you will be displayed on our website from time to time.
13 Sub-Contracting
We may sub-contract all or any part of the contract.
14 Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15 Invalidity
The invalidity or unenforceability for any reason of any condition or part thereof shall not prejudice or affect the validity or enforceability of the remainder of that condition or the contract.
16 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy
17 Waiver
The waiver by either party of a breach or default of any provisions of the contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
18 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
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