Terms and Conditions
1. INTERPRETATION.
In these terms and conditions (from now on referred to as "Conditions" ) the following expressions shall have the following meanings and the rules of interpretation shall apply.
1.1. "BUYER" the person, firm or company who purchases the Goods from the Seller;
1.2. "CATALOGUE" the Seller"s catalogue as may be amended from time to time;
1.3. "CONTRACT" the Buyer"s Order and the Seller"s acceptance of it in accordance with
Clause 2 incorporating these Conditions;
1.4. "FORCE MAJORE" circumstances beyond the reasonable control of the Seller which prevents the Seller from performing its obligations under the Contract including strikes, lockouts, labour disputes, act of God, including but not limited to, fire, flood, or storm, war, riot, civil commotion, malicious damage, or the order of any government or public or local authority;
1.5. "GOODS" any goods agreed in the Contract to be supplied to the Buyer by the Seller;
1.6. "Intellectual Property Rights" a , any patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database rights, topography rights, moral rights, rights in confidential information (including without limitation knowhow and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
1.7. "ORDER" an order for the Goods from the Buyer to the Seller;
1.8. "SELLER" means AVON MARINA LLP.
2.APPLICATION OF CONDITIONS
2.1. Each Order for Goods from the Buyer to the Seller shall be an offer by the Buyer to purchase the Goods and these Conditions will apply. The Contract between the Buyer and the Seller will be on these Conditions only (unless varied by Clause 2.3). No other terms and conditions will apply including any terms or conditions contained in or referred to in the Buyer"s purchase order, confirmation of order or other document or implied by law, custom, practice or course of dealing or simply as a result of such document being referred to in the Contract.
2.2. No Order placed by the Buyer shall be considered to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller provides the Goods to the Buyer.
2.3. These Conditions apply to all the Seller"s sales and any variation to these Conditions and any statements made by the Seller or its employees about the Goods shall not be binding on the Seller unless agreed in writing and signed by authorised representative of the Seller.
2.4. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this Clause shall exclude or limit the Seller"s liability for fraudulent misrepresentation.
3. 7 DAY MONEYBACK GUARANTEE AND CANCELLATION RIGHTS
Orders may only be cancelled with the Seller"s consent and in accordance with these Conditions
3.1. 7 Day Money Back guarantee :In addition to Clauses 3.3, the Buyer may return the Goods at any time (buyer to pay return carriage at their expense) within 7 days, beginning on the day the Goods are delivered if it is not satisfied with the Goods. Goods returned as part of the Seller"s 7 day money back guarantee must be unused, re-saleable and in the original packaging otherwise handling charges will be incurred.
3.2. The Guarantee in Clause 3.1, does not apply to Goods manufactured to the Buyer"s specific requirements.
3.3. Consumer rights to cancel: Where the Buyer is a consumer and has purchased the Goods via telephone, internet, post or other non face to face situation the Buyer may cancel the Contract at any time within seven working days, beginning on the day after the Buyer received the Goods and will receive a full refund of any price paid for the Goods. To cancel the Contract, the Buyer must inform the Seller in writing and return the Goods to the Seller immediately, in the same condition in which it received them, and at the Buyer"s own cost and risk. The Buyer has a legal obligation to take reasonable care of the Goods while they are in its possession. If the Buyer fails to comply with this obligation, the Seller may have a right of action against the Buyer for compensation.
4. SPECIFICATION
4.1. The description of the Goods shall be as set out in the Catalogue. All samples, drawings, descriptive matter, technical data, dimensions weights, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Catalogue is issued or published as a guide and for illustrative purposes only and do not form part of the Contract.
4.2. Any typographical, clerical or other error or omission in any sales literature, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4.3. The Seller reserves the right to discontinue any Goods or to alter the specification, design or construction of any Goods.
5. PRICE
5.1. Unless otherwise agreed by the Seller in writing, prices for Goods are as listed in the Seller"s Catalogue from which the Goods are purchased current at the date of dispatch of the Goods. Prices are not guaranteed although every effort will be made to maintain them.
5.2. Unless otherwise specified the price for all Goods in the Catalogue are Including Value Added Tax and shall be payable in addition to the price of the Goods.
5.3. Carriage is chargeable on all goods up to the net value of £249.99 to a UK mainland address. All nett orders over £250 is FREE to a UK mainland address. Delivery to all other destinations by arrangement.
5.4. In the event that the Seller incurs additional costs in supplying the Goods to the Buyer due to unforeseen circumstances not specified or known by either party on the date of Order the Buyer will pay such additional costs when it is due to pay for the Goods.
6 PAYMENT
6.1. The price for the Goods, Value Added Tax and any carriage charges are strictly net and payment is due in full by Debit/Credit Card on completion of ordering online.
7 DELIVERY
7.1. Delivery: Within 1-2 days applies to Goods in stock at the time of order.
Goods not in stock, delivery is usually 7/10 days or 2/3 weeks. Delivery to Highlands may take slightly longer. Note: All goods to be exported will incur extra delivery charges and will be payable prior to goods being despatched.
7.2. Time is not of the essence as to the delivery of the Goods. This means that if the Seller fails to deliver the Goods in the time specified, the Buyer is not entitled to terminate the Contract and the Seller is not liable for any delay in delivery, however caused.
7.3. Delivery shall be made by the Seller or a courier nominated by the Seller during normal business hours (excluding bank or public holidays). The Seller may levy additional charges for any deliveries made at the Buyer"s request outside such hours.
7.4. Special off-shore delivery shall be agreed in writing between the Buyer and Seller prior to delivery.
7.5. For purposes of this Clause, the Goods will be deemed delivered and accepted once the Goods are signed for by the Buyer.
7.6. If the Buyer will not accept delivery of any of the Goods when they are ready for delivery risk in the Goods will pass to the Buyer and the Goods will be deemed to have been delivered. The Buyer will be liable for any costs incurred by the Seller in storing the Goods where the Buyer does not accept delivery (including redelivery, storage and insurance costs).
7.7. The Seller reserves the right to make partial deliveries. The Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such Goods at the pro rata Contract rate.
7.8 The Seller shall be responsible for any damage, shortage or loss in transit, provided that the Buyer notifies it to the Seller (or its carrier, if applicable) within three days of delivery or the proposed delivery date of the Goods and that the Goods have been handled in accordance with the Seller"s stipulations.
8 RISK/TITLE
8.1. The Goods are at the risk of the Buyer from the time of delivery.