TERMS AND CONDITIONS OF SALE
OF
www.quality-doors.co.uk
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation 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" www.quality-doors.co.uk
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.quality-doors.co.uk.
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.
3.1 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 in the
Order Process section within the website .
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The
price is inclusive of VAT. The price excludes 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 Payment of the price plus VAT and delivery charges must be made in
full before dispatch of the Goods.
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 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a
certain age the Buyer will be asked when placing an order to declare that
they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to
order certain Goods, the Seller shall be entitled to cancel the order
immediately, without notice.
7 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.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 28
working days of acceptance of order.
8.2 Goods supplied outside the UK will normally be delivered within 30
working days of acceptance of order.
8.3 Where a specific delivery 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.
8.4 The Seller shall use its reasonable endeavours 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.
8.5 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.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of
the Goods.
8.7 Damaged goods
When goods are delivered, please check carefully on arrival that the
goods are in good condition. If the goods are in good condition, please
sign "received in good condition" accordingly. Our drivers are authorised
to wait while you inspect the goods. If however, there are any signs of
damage, please CLEARLY mark the delivery note accordingly. If this is not
done correctly, it can affect the claim with our carriers. If your goods
have unfortunately been damaged in transit, as well as noting this on the
delivery note, we require that you complete our online Returns form. At
this stage we reserve the right to offer a part refund for the damage, or
to repair the item, or to replace the damaged item with a good one, or to
issue a refund for the item. Please see the "Delivery" section below for
further information.
8.8 The delivery driver will require a signature to say that the goods
have been received in good condition. In the unlikely event that the
goods are damaged, we request you write details on the delivery note. The
driver will wait if necessary while you unwrap and inspect any packaged
goods. Please note all deliveries must be signed for as either in Good
Condition or Damaged – there is no option to sign for goods
unchecked.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller email 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.
9.2 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.
9.3 If you are a consumer you have the right, in addition to your other
rights, to cancel the Contract and receive a refund by informing the
Seller email within 7 working days of receipt of the Goods. The right to
cancel does not apply to contracts for the supply of software, audio or
visual recordings if these have been unsealed by the Consumer.
9.4 Goods must be returned by the Buyer 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, and return postal
charges) within 30 days of cancellation. However, 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.
9.5 Goods to be returned must clearly show the order number obtained from
the Seller on the package.
9.6 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.
10 LIMITATION OF LIABILITY
10.1 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.
10.2 Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury resulting from the
negligence of the Seller or that of the Seller's agents or employees.
11 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.
12 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.
13 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.
14 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.
15 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.
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