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Terms & Conditions of Sale
1. Definitions
1.1 The "Buyer" means the Account Applicant or person who
buys or agrees to buy Goods from the Seller.
1.2 The "Seller" means 3DZ.
1.3 "Conditions" means the Conditions of Sale set out in
this document and any special conditions agreed in writing by the
Seller.
2. Conditions
2.1 These "Terms and Conditions" do not affect your statutory
rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate
these terms and conditions, which shall prevail over any other document
or communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it
is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence
of the Buyers acceptance of these Conditions.
3. Prices
3.1 The Price shall be that on the Seller’s current list price,
web site, or if applicable the price contained in the Seller’s
Quotation
3.2 Should a product's price change between receipt of order and dispatch
the buyer will be notified and given the opportunity to cancel the
order and receive a full refund.
3.3 All Prices are exclusive of VAT and charges for packing, postage
and Carriage, shipping (plus VAT) which shall be paid in addition.
3.4 The total purchase price, including VAT and Delivery charges will
be displayed in the Buyer's shopping cart and/or pro-forma invoice,
prior to confirming the order.
3.5 In the case of consumer sales, payment must be made in full before
dispatch of any Goods.
3.6 All prices will be shown and charged in GBP (Pounds Sterling)
and will be shown on the sellers website and/or any invoice, pro-forma
or other documentation relating to pricing. The buyer will be responsible
for determining the total value of goods in all other currencies by
means of up to date currency exchange rates, which can be found at
http://www.oanda.com
3.7 In the case of other sales, payment is due in full on the terms
of credit agreed which shall not be more than 15 days from the date
of invoice. Time for payment shall be of the essence and any failure
to pay shall entitle the Seller at its option to treat the Contract
as repudiated by the Buyer or to delay delivery until paid.
3.8 If any act or proceedings shall be commenced in which the Buyer’s
solvency is concerned, all monies under any transaction covered by
these Conditions shall become immediately due and payable.
4. Interest on
Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment
becomes due from day to day until the date of payment at 2% above
HSBC Banks base lending rate for the time being in force per calendar
month.
5. Warranty and
Liability
5.1 The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the Seller. Except where the
Buyer is dealing as a consumer (as defined in the Unfair Contract
Terms Act 1977, Section 12) 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.
6. Delivery
6.1 Products supplied within the UK, Europe and Rest of World will
normally are normally delivered within 15 working days of receipt
of order.
6.2 Where a specific delivery date has been agreed, and if this delivery
date cannot be met the Buyer will be given the option to agree a new
delivery date or receive a full refund.
6.3 Whilst every reasonable effort shall be made to keep any delivery
date, 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 other person or Company arising directly or indirectly
out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address
and the Buyer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery.
7. Ownership and
Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the
Goods or upon the Goods being appropriated to the Buyer but kept at
the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract
until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and
shall notify the Seller within a reasonable time of delivery if the
Goods are damaged or do not comply with any of the Contract. If the
Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is
made shall be preserved by the Buyer intact together with the original
packing at the Buyer’s risk and either
a) Retained by the Buyer for a reasonable period to enable the Seller
or its agent to inspect or Collect the Goods or
b) At the Seller’s option returned by the Buyer to the Seller
who will refund the cost of postage and packing to the Buyer if the
Goods are in fact defective.
8. Cancellation
and Returns
8.1 If it is agreed that the goods are to be returned :-
b ) a Goods Return number obtained from the Seller must be clearly
shown on the returned parcels.
c ) the Buyer will be liable cost of remedying any damage to the Goods
returned where such damage has, in the opinion of the Seller, been
caused by the Goods being inadequately packaged by the Buyer or through
the Buyer’s fault.
d ) the Seller reserves the right to make a handling and restocking
charge of 50% on Goods which are returned if they were ordered in
error or are no longer required. If the goods are faulty or being
returned under clause 8.2 then the restocking charge will not apply.
8.2 Products returned under clause 8.1 must be returned with the box
seal unbroken, and contents must be returned unopened 'as new'.
8.3 In the event of goods being faulty on arrival, the buyer should
contact us on the day of receipt, with a full description of the
fault. from here on refer to and from clause 8.1.
9. Force Majeure
In the event that the Seller is prevented from carrying out its obligations
under a contract for sale as a result of any cause beyond its control
such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood
and Failure of third parties to deliver goods, the Seller shall be
relieved of its obligations and liabilities under such contract for
sale for as long as such fulfilment is prevented.
10. No Waiver
10.1 The Seller’s failure to insist upon strict performance
of any provision of these Conditions shall not be deemed to be a waiver
of its rights or remedies in respect of any present or future default
of the Buyer in performance or compliance with any of these conditions.
11. Liability
11.1 Except as may be implied by law where the Buyer is dealing as
a consumer, in the event of any breach of these 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 damage.
12. Complaints
12.1 If you have a complaint about our service or any goods or services
you purchase from 3DZ then please contact
us immediately. You will be contacted as soon as possible and definitely
within 48 hours of our hearing from you and aim to provide a resolution
within 7 working days.
12.2 All complaints will be dealt with in a fair and confidential
manner.
13. Misc
13.1 Any contracts shall in all respects be construed and operate
as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental
is found to be illegal or unenforceable, such finding will not affect
the validity or enforceability of the remainder of these terms and
conditions.
info@3dzled.com
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