STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF WINDUP-PRODUCTS.COM
In this document the following words shall have the following meanings:
1.1. "Buyer" means the person who buys Goods from the Seller;
1.2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3. "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4. "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4. "Seller" means Windup-products.com of Unit 4 Herne Business Park, The Links, Herne Bay, CT6 7FE, United Kingdom.;
1.5. "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3. PRICE AND PAYMENT
3.1. The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2. Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1. Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2. All Goods, wherever possible, will be delivered within 14 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3. The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4. Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. CANCELLATION AND RETURNS
6.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2. Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3. Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5. Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of one year from the date of delivery.
8. LIMITATION OF LIABILITY
8.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2. The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.