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Terms and Conditions

TERMS AND CONDITIONS FOR THE SALE OF GOODS

 

 

1.         Definitions

 

Buyer                          the person who buys or agrees to buy the goods from the Seller.

 

Conditions                 the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

 

Goods                                    the articles which the Buyer agrees to buy from the Seller.

 

Price                           the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

 

Seller                          means Comcat Services Limited of 125A Church Lane, Ravenstone, Coalville, Leicestershire LE67 2AF.

 

2.         Conditions

 

2.1       These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

 

2.2       All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

 

2.3       Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

 

2.4       These Conditions may not be varied except by the written agreement of  [a director of] the Seller.

 

2.5       These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

 

3.         Price

 

The Price shall be [(amount)] (or) [the price quoted on the Seller’s confirmation of order].  The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.

 

4.         Payment and Interest

 

4.1       Payment of the Price and VAT shall be due within [30] days of the date of the Seller’s invoice.

4.2       Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.

 

4.3       The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

 

5.         Goods

 

The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.

 

6.         Warranties

 

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.  [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].

 

7.         Delivery of the Goods

 

7.1       Delivery of the Goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

 

7.2       The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

 

7.3       The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

 

7.4       If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

 

8.         Acceptance of the Goods

 

8.1       The Buyer shall be deemed to have accepted the Goods [48 hours] after delivery to the Buyer.

 

8.2       The Buyer shall carry out a thorough inspection of the Goods within [48 hours] of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.

 

8.3       Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

 

9.         Title and risk

 

9.1       Risk shall pass on delivery of the Goods to the Buyer’s address.

 

9.2       Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

 

9.3       Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

 

9.4       The Seller may at any time before title passes and without any liability to the Buyer:

 

9.4.1    repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2    for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

 

9.5       The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

 

10.       Carriage of Goods

 

Carriage will be chargeable on all sales under £50.

Online terms and conditions between a business and consumer for the sale of goods

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

 

 

General terms and conditions

This site is owned and operated by Comcat Services Limited. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@comcatservices.co.uk  01530 510 525.

 

 

1.         The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

 

2.         Acknowledgement of your order

   To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

 

 

3.         Ownership of rights

All rights, including copyright, in this website are owned by or licensed to [insert your business name]. Any use  of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 

 

4.         Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

 

 

5.         Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

 

6.         Availability

 

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

 

 

7.         Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

 

 

8.         Price

The prices payable for goods that you order are as set out on our website. All prices are exclusive of VAT which is charged at the current rates and are correct at the time of entering information.

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

 

 

9.         Payment terms

We will take payment upon receipt of your order from your credit or debit card or Paypal. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

 

10.       Delivery charges

Delivery charges vary according to the type of goods ordered.

 

 

11.       Delivery

11.1     Our delivery charges are set out  in our website shown and shown at check out.

[11.2    You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.]

[11.3    Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.]

11.4     We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

11.5     You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

 

12.       Risk and ownership

   Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered.

 

 

13.       Cancellation rights

13.1     Under the Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel your order up to seven working days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing or in any other durable medium if you wish to cancel your contract.

13.2     You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.

13.3     If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

13.4     Once you have notified us that you are cancelling your contract, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible, and in any event within 30 days of cancellation

 

 

14.       Cancellation by us

14.1     We reserve the right not to process your order if:

14.1.1  We have insufficient stock to deliver the goods you have ordered;

14.1.2  We do not deliver to your area; or

14.1.3  One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

14.2     If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 30 days.

 

 

15.       Liability

15.1     If you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

15.2     We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

15.3     Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

15.4     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 or 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.

15.5     Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might 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.   You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.

 

 

16.       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 (insert postal address) and all notices from us to you will be displayed on our website from time to time.

 

 

17.       Changes to legal notices

   We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

 

 

18.       Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

 

19.       Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

 

20.       Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

 

 

21.       Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.