TERMS
AND
CONDITIONS
OF
SALE
1
DEFINITIONS
1.1
"Buyer" means the individual
or
organization
who
buys or
agrees
to
buy the Goods
from
the
Seller;
1.2
"Consumer" shall
have
the
meaning ascribed in
section
12 of
the Unfair
Contract
Terms Act
1977;
1.3
"Contract" means the contract between
the
Seller
and the Buyer for the sale
and
purchase of
Goods
incorporating
these
Terms and Conditions;
1.4
"Goods" means the
articles
that
the Buyer agrees to
buy from
the
Seller;
1.5
"Seller”
means Ventures New , 7 Corbett Place, Dunfermline, Fife, Scotland, KY11
4XX that
owns and
operates
the website;
1.6
"Terms
and
Conditions" means
the
terms and conditions
of
sale
set
out in this
agreement
and any special
terms
and
conditions
agreed
in
writing by
the
Seller;
1.7
"Website"
means
www.diycustomplugs.co.uk /
www.diycustomplugs.com
2
CONDITIONS
2.1
Nothing
in
these
Terms and Conditions
shall
affect the
Buyer’s
statutory
rights
as
a
Consumer.
2.2 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.
2.3 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 (including
any
special
terms
and conditions
agreed
between
the parties)
shall
be
inapplicable unless agreed
in
writing
by the Seller.
2.5 Any
complaints should be
addressed
to the
Seller's address
stated
in clause 1.5.
3
ORDERING
3.1 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.
3.2
Where the Goods ordered
by the Buyer
are
not
available from
stock
the
Buyer shall
be
notified
and
given
the
option
to
either wait
until
the
Goods are available
from
stock or cancel the
order
and
receive a full
refund
within
30 days.
3.3
When
making an order
through
the Website, the
technical
steps the Buyer
needs to
take to complete
the order process are described
on the website Purchase Page.
4
PRICE
AND
PAYMENT
4.1 The
price
of the Goods
shall
be
that stipulated
on the Website.
The
price
excludes
VAT. The
price
also excludes any delivery
charges.
4.2
The
total
purchase price,
including VAT and
delivery
charges,
if
any, will
be
displayed
in the
buyer’s
shopping cart prior to
confirming
the
order.
4.3
After the
order is received
the
Seller shall
confirm
by email the
details, description
and
price for the Goods together
with
information
on the
right to
cancel if the
Buyer
is a Consumer.
4.4 In
the
case of consumer
sales,
payment
of the
price
plus VAT and delivery charges
must be
made in full
before
dispatch
of the Goods.
4.5 In
the
case of trade sales,
payment
of the
price plus
VAT
and
delivery
charges
shall
be
due immediately or
within 14
days
of
the
date
of
receipt
of
the
invoice
supplied
by the Seller.
4.6 Interest
on
overdue
invoices
shall accrue
from
the
date when payment
becomes
due
from
day to day until the date
of payment at a rate
of 8% interest above
the
base
rate
of
the
Bank
of England
from
time to time in
force.
5 RIGHTS
OF SELLER
5.1 The Seller
reserves
the
right
to periodically update
prices
on
the
Website,
which
cannot
be guaranteed for
any period
of time.
The
Seller shall make
every
effort
to
ensure prices are correct
at
the
point
at which the Buyer places
an
order.
5.2 The
Seller reserves the right
to withdraw
any
goods
from the Website
at
any
time.
5.3 The
Seller shall
not be
liable
to
anyone for
withdrawing
any
Goods from the Website
or for
refusing
to process
an order.
6
WARRANTY
The Seller
warrants
that
the Goods
will at the time
of dispatch
correspond to
the
description
given
by
the
Seller. Except
where
the Buyer is dealing
as a
Consumer, all other
warranties,
conditions,
or terms relating to fitness
for
purpose,
merchantability
or condition of the Goods,
whether
implied
by Statute,
common law or
otherwise
are
excluded,
and the Buyer is satisfied
as
to
the
suitability
of
the
Goods
for
the Buyer’s purpose.
7
DELIVERY
7.1
We are required to deliver your order within
30 days. In practice, however, almost all of
our orders are dispatched within 2-3 days of
receipt of order except at holiday periods.
If your product is out of stock, we will
tell you immediately and offer you an
alternative, or a refund for the goods paid
for in advance.
7.2 Goods
supplied outside
the UK
will normally be delivered
within
30 working
days of
acceptance
of order.
7.3 Where specific deliveries date
has been agreed,
and
where
this
delivery date
cannot
be
met, the Buyer
will
be
notified
and
given
the
opportunity
to agree
a new
delivery date
or
receive
a full
refund.
7.4 The
Seller shall use
its reasonable
endeavors
to
meet
any
date
agreed
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.
7.5
Delivery
of the Goods shall be made
to the
Buyer’s
address
specified in the order
and
the Buyer shall make
all
arrangements
necessary
to take delivery
of
the
Goods whenever
they
are
tendered
for
delivery.
7.6 Title
and
risk in the Goods shall
pass
to
the Buyer upon delivery of
the
Goods.
8
CANCELLATION
AND
RETURN
/ REFUND
8.1 The
Buyer
shall
inspect the Goods immediately
upon
receipt and shall
notify
the
Seller
within
7
working
days
of
delivery if the
Goods
are
damaged
or do not
comply with
any
of the
Contract.
If the
Buyer
fails
to do so the
Buyer shall
be
deemed
to have
accepted
the
Goods.
8.2
Where a claim
of defect
or
damage is made the
Goods
shall
be returned
by
the
Buyer to the Seller.
The Buyer
shall
be entitled
to a full
refund (including delivery
costs) plus any
return
postal charges
if
the Goods
are in
fact
defective.
8.3 Goods
must
be
returned
by the Buyer at the
Buyer’s expense
and
should be
adequately
insured
during
the
return
journey. The
Buyer
will
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.
If the
Buyer fails
to
return the
Goods
following
cancellation,
the
Seller
shall be entitled to deduct
the
cost
of recovering
the
Goods
from the Buyer.
8.4
Goods must be unused as we adhere to strict
health and hygiene
conditions. Goods must be in
their original packaging and in unused condition. If we
suspect that the goods have been used
or any of the above conditions are not met we reserve
the right to return the goods without
notice. Items supplied in sealed packaging that have
been opened are non refundable and non
exchangeable.
8.5
Goods
to
be returned
must clearly
show
the order number
obtained
from the Seller
on
the package.
8.6
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.
9
LIMITATION
OF LIABILITY
9.1
Except
as may
be implied by law
where
the
Buyer
is dealing
as
a
Consumer, in the
event
of any
breach of these
Terms
and
Conditions
by the
Seller
the remedies
of the Buyer
shall
be limited
to damages
which
shall
in no
circumstances exceed
the
Price
of the Goods
and
the
Seller shall under
no
circumstances
be
liable
for any indirect, incidental
or
consequential
loss
or damage
whatever.
10 WAIVER
No
waiver by the
Seller
(whether
express
or implied) in
enforcing
any of
its rights under this
contract
shall
prejudice
its
rights to
do so in the future.
11 FORCE
MAJEURE
The Seller
shall
not
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,
failure
of any
communications,
telecommunications
or computer system,
breakdown
of
plant
or
machinery
or
shortage
or unavailability of raw
materials from a
natural
source of supply,
and the Seller shall
be
entitled
to a reasonable extension
of
its obligations.
12
SEVERANCE
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.
13
CHANGES
TO
TERMS
AND
CONDITIONS
The Seller
shall
be entitled to
alter these Terms
and
Conditions at
any time but this right shall
not
affect the existing
Terms
and
Conditions accepted
by
the
Buyer upon making
a purchase.
14
GOVERNING
LAW
AND
JURISDICTION
These
Terms
and
Conditions shall
be
governed
by
and construed
in accordance
with
the law of Scotland and the
parties
hereby submit
to the exclusive jurisdiction
of
the
Scottish
courts.
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