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Every Part We Show Is New and Genuine
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Terms and Conditions
Definition
‘Seller’ Keeptheheaton.com
‘Business’ specifically includes a trade or profession.
‘Consumer’ any natural person who is acting for a purpose that is
outside his business.
‘Buyer’ the ‘business’ and ‘consumer’ collectively.
‘Working days’ means all days other than Saturdays, Sundays and Bank Holidays
and where expressed 24 hours is the equivalent of one working day.
‘Goods’ means goods supplied to the Buyer by the Seller at the Buyers
request
(1). General
These conditions shall come into force upon our acceptance of your order. All
other terms, conditions, warranties or representations express or implied
whether made before, or at the time of,
or after, your order or instructions, and even if contained therein, are so
far as permitted under the Sale of Goods Act 1979 and the Unfair Contract Terms
Act 1977 hereby
excluded.
(2). Prices
Prices are subject to change without notice and Goods will be invoiced at the
Seller’s price ruling on the date of order. Prices stated do not
include v.a.t.
(3). Carriage Charges
Where applicable carriage charges will be itemised per order and subject to
v.a.t. at the ruling rate.
(4) Acceptance of Order
Your order will only be accepted upon our receipt of confirmed approval for
payment from SecureTrading. Once received we will e-mail confirmation of your
order.
(5). Availability
All items are offered subject to remaining unsold.
(6) Parts Identification
(a). It is the duty of the Buyer to order the correct part. The Seller shall
deliver the part ordered and accepts no responsibility for inaccurate advice
supplied by a third party to
the Buyer in the identification of the part required whether through commercial
recommendation or technical diagnosis.
(b). Photographic images in the product catalogue are solely for aesthetic
purposes and should not be used in the identification of parts. Due to the
ongoing process of product
development, the appearance of some items supplied may vary from the online
image.
(7). Specification
The Goods are supplied as per manufacturer’s specifications and subject
to manufacturers modification without notice.
(8). Delivery
(a). Any times quoted for dispatch are estimates only, not involving us in
any liability for failure to dispatch within such times.
(b). Difficulties of delivery on behalf of the Seller or its suppliers either
unforeseen or through no fault on the part of the Seller shall entitle the
Seller to withdraw from the
contract without liability.
(9) Cancellation
(a). Subject to receiving notice by a durable medium e.g. e-mail, fax or writing ‘Consumers’ have
a 7 day cancellation period commencing from the day after the date of receipt
of Goods providing they are in a re-saleable condition. The Goods must be returned
within 21 days of notice. Should the Goods have to be collected by the Seller,
the Seller reserves the right
to charge the cost of recovery. After this time period ‘Business’ users
conditions apply (see below).
(b). ‘Business’ users orders accepted by the Seller may not be
cancelled under any circumstances unless agreed in writing by the Seller. Any
requests must be made by durable
medium e.g. e-mail, fax or writing and will be subject to a 20% re-stocking
charge except for Printed Circuit Boards (PCB’s) which are supplied in clear, sealed packaging and non-returnable once the seal is broken.
Where return is agreed
it on proviso that the Seller receives the Goods in a re-saleable condition
within 21 days of authorisation. Should the Goods have to be collected by the
Seller, the Seller reserves the
right to charge the cost of recovery. Original outward carriage is non-refundable.
(c). Refunds, where authorised, may take up to 30 days from receipt of goods.
(10) Notice of Claims etc
(a). The Goods shall be examined by the Buyer upon receipt and no claim will
be entertained unless notice is received by durable medium e.g. e-mail, fax
or writing within three
days of delivery.
(b). In the case of damage in transit notice of damage or breakage’s
must be advised by durable medium e.g. e-mail, fax or writing within three
days of delivery. Any parcels
received where exterior damage is obviously apparent must be signed for as ‘Damaged’.
(c). Unexamined signatures for receipt of the Goods do not relieve the Buyer
of the responsibility to check them on arrival and the Seller shall not be
liable in respect of any claim
if the Buyer fails to comply with the provisions of this clause.
(d). In case of loss in transit, or delay, notice via durable medium e.g. e-mail,
fax or in writing must be received within fourteen days of acknowledgement
of order failing
which the Goods will be deemed to have been delivered.
(11). Storage
Should the Buyer fail to take delivery of the Goods the Seller shall be fully
entitled to arrange storage either at its own warehouse or elsewhere on the
Buyers behalf and it reserves the right to
recover all additional charges for storage, insurance and carriage costs from
the Buyer.
(12). Force Majeure
The Seller shall not be under any liability whatsoever to the Buyer for non-delivery
or delay in delivery indirectly caused by or resulting from an Act of God,
outbreak of
hostilities (whether or not war is declared), insurrection, riot, civil disturbance,
Government Act of Regulation, fire, flood, explosion, accident, theft, climatic
conditions,
shortage of material, strike, lockout or trade dispute (whether of the Seller’s
employees or of other parties) caused by or resulting from any other event
or circumstances
whatsoever (whether or not of the same or similar kind to those mentioned)
beyond the Seller’s control or caused or resulting from the default or
negligence of the Seller or any
of its employees, sub-contractors, or suppliers.
(13). Terms of Payment
Only payment made online by credit/debit card and authorised by Secure Trading will be accepted. Telephone orders below £25.00 net will be subject to a £2.00 net admin fee.
(14). Ownership and Title
Notwithstanding delivery to the Buyer, the Seller shall be legally and beneficially
entitled to the ownership of the Goods until payment of the purchase price
or all debts owed by the Buyer
to the Seller. Until such payment, and subject to the following provisions,
the Buyer holds the goods as bailee of the Seller and owes to the Seller the
normal fiduciary obligations of a bailee
by way of custody in respect of the Goods. In so far as the Buyer shall, or
shall purport to, offer for sale and sell the goods, it shall do so only at
the best obtainable price in the ordinary course
of its business as principal and not as agent for the company. The Seller shall,
by reason of the said relationship of bailment between the Buyer (as bailee)
and itself (as bailor), be and remain
legally and beneficially entitled to the proceeds of sale and the Buyer shall
pay such proceeds of sale into a separate account or, otherwise, shall ensure
that all the proceeds of sale are kept by
or on behalf of the buyer in a separate and identifiable form. The proceeds
shall not be paid into an overdrawn bank account. Upon receipt of the proceeds
of sale, the buyer shall discharge the
debt due to the Seller and shall not use or deal with the proceeds of sale
in any way whatsoever until such debt has been discharged.
(15). Insurance and Risk
The risk in the Goods sold by the Seller shall pass to the Buyer upon delivery
of the Goods. The Seller accepts no responsibility for any loss or damage
to the Goods howsoever caused
after the risk has passed to the Buyer and the Buyer should in its own interest
insure the same.
(16). Indemnity
The Buyer will indemnify the Seller against all claims against the Seller by
a third party arising directly or indirectly out of the contract.
(17). Patents etc
The Seller gives no indemnity in respect of any actual or alleged infringement
of any patent registered design mark or other rights affecting goods.
(18). Warranties and Exclusions of Liability
(a). All statements, product information and recommendations are based upon
advice we believe to be reliable but the accuracy and completeness thereof
is not guaranteed.
(b). In the case of items supplied by the Seller the Seller warrants that if,
under proper use, any defect is discovered within twelve months of the date
of dispatch to the Buyer,
and is shown to be due solely to defective materials or workmanship the Seller
will at its option either repair or replace the defective Goods free of charge.
(c). All Goods in respect of which any claim is made must be returned with
proof of purchase to, and collected from, the Seller’s premises at the
Buyers expense.
(d). Save and provided herein and subject to the Sale of Goods Act 1979 and
the Unfair Contract Terms Act 1977 both the Seller and the manufacturer shall
be under no liability
in respect of any defects in the Goods or defective works or for any loss damage
or injury resulting from and including consequential loss.
(e). It is the duty of the Buyer to check that the correct Goods have been
received and before using the Buyer shall determine the suitability of the
product and its intended use
and assumes all risk and liability whatsoever in connection therewith.
(19). Proper Law and Jurisdiction
The law applicable to all contracts is English law and the Buyer submits to
the jurisdiction of the English Courts.