These Conditions apply where the Buyer wishes to order certain of the Company’s Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods (“the order”). These Conditions have been brought to the attention of the Buyer.
1. INTERPRETATION AND DEFINITIONS
In these Conditions “the Buyer” means the person who purchases Goods from the Company; “Goods” means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them).
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3. APPLICATION OF TERMS
3.1 Subject to any variation under condition 3.2 the supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document will form part of the Conditions.
3.2 These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer hereby acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing.
3.3 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer hereby acknowledges that prior to any such order he has notice of and such order is made on the basis of these Conditions.
3.4 No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer’s offer but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause.
3.5 The Buyer must ensure that the contents of its order are complete and accurate.
3.6 The Company reserves the right to treat each order accepted by the Company as a separate contract and the Company reserves the right to deliver the Goods by instalments. Where Goods are delivered by instalments the Company reserves the right to treat each instalment as a separate contract.
The description of the Goods shall be as set out on the Company’s website. All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures (“the Marketing Materials”) are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract.
Unless otherwise agreed by the Company in writing the price for the Goods shall be: (a) the price set out in the Company’s price list published on the date of acceptance by the Company as defined herein; and (b) exclusive of any value added tax which is due for the Goods.
6.1 Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the Company’s other rights, entitle the Company to refuse delivery and/or cancel any contract between the Buyer and the Company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the Company has communicated to the Buyer whether in writing or orally that it has the Goods in stock.
6.2 Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
6.3 All payments payable to the Company under the contract shall become due immediately upon termination of contract despite any other provision.
7 Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use this site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express consent.
You must not use our website to copy, publish or send mass mailings or spam.
We reserve the right to edit or remove any material posted upon our website.
In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.