Terms and Conditions of Internet Sale
These conditions relate to a Sale of
Goods to the Customer via the website “Network Group”
‘the Company’ means Wrights Office
Supplies Ltd
‘the Contract’ means the contract
between the Company and the Customer for the sale or supply of Goods (as
the case may be)
‘the Goods’ means the items offered
for sale on the Website
‘the Customer’ means the person, firm
or company with whom the Contract is made via the Website by the Company
‘the Website’ means “Wrights Office
Supplies Ltd”
‘Working Days’ means Monday to Friday,
excluding Bank and other public holidays in England.
General
1. These terms and conditions apply in preference to and supersede any
terms and conditions referred to, or relied on by the with reference to
the goods which this contract relates.
Variation
2. Neither the Customer nor the Company shall be bound by any variation,
waiver of or addition to these conditions except as agreed by both
parties in writing and signed on their behalf
Price
3.
(1) The price payable for the Goods shall be the current price contained
on the Website at the time of despatch.
(2) The Company shall have the right
at any time to withdraw any discount from its normal prices and/or to
revise prices to take into account increases in costs including (without
limitations) costs of any goods, materials, carriage, labour or
overheads, the increase or imposition of any tax, duty or other levy and
any variation in exchange rates.
(3) Unless otherwise agreed, all
prices are exclusive of carriage, value added tax and any other duties
or taxes which the Customer shall be liable to pay to the Company.
Availability
4.
(1) All goods advertised for sale on the site are subject to
availability If subject to reasonable endeavours the Company fails to
supply the Goods to the Customer, the Customer shall not be charged for
the unavailable Goods.
(2) The Company shall not be liable
for any other losses which the Customer may suffer for the unavailable
Goods.
Delivery and Performance
5.
(1) Delivery of the Goods shall be within the UK only, to an address,
notified to the Company by the Customer.
(2) All times or dates given for
delivery of the Goods are given in good faith and shall not be of the
essence of any Contract.
Risk
6. From the time of delivery by the Company or its carriers to the
Customer or its agent the Goods shall be at the risk of the Customer who
shall be solely responsible for the custody and maintenance thereof.
Title
7. All Goods is supplied to the Customer by the Company shall become the
property of the Customer upon payment on the Website.
Limitation of Liability
8. The following provisions set out the entire financial liability of
the Company to the Customer in respect of any breach of these
Conditions; and any representation, statement or tortious act or
omission including negligence arising under or in connection with the
Contract.
(1) The company shall not accept any
responsibility and liability for any damage to the Goods caused by the
Customer.
(2) Without prejudice to the
Customer’s statutory rights, all information and materials contained in
the Website (including without limitation text, graphics and links) are
provided for information purposes only and shall be excluded from any
warranty, where the Company shall not represent or warrant that the
information accessible via the Website is:
(a)
accurate, complete or current.
(b)
uninterrupted or error free.
(3) The Goods purchased via the
Website shall be warranted in accordance with the law, and nothing in
these terms shall be taken to exclude or restrict any rights which
applicable law grants to the Customer.
(4) Nothing in these Conditions
excludes or limits the liability of the Company for death or personal
injury caused by the Company’s negligence or fraudulent
misrepresentation.
(5) Where the event relates to
purchase of the Goods, the Company shall be limited to damages of an
amount equal to the purchase price of the Goods. In all other cases the
Company shall be limited to damages of £2000.
(6) If a number of acts or omissions
on the part of the Company or its employees, agents or sub-contractors
give rise substantially to the same loss then they shall be regarded as
giving rise to only one claim under the Contract.
(7) All warranties, conditions and
other terms implied by statute or common law (save for the conditions
implied by section 12 of the Sale of Goods Act 1979) are, to the fullest
extent permitted by law, excluded from the Contract.
(8) Subject to Conditions 8 above the
Company shall not be liable to the Customer in respect of any losses or
damages which may be suffered by the Customer whether the same are
suffered directly or indirectly or are immediate or consequential, which
fall within the following categories:
(a) Special damage even though the
Company was aware of the circumstances in which such special damages
could arise; or
(b) Loss of profits, anticipated
savings, business opportunity, data; or goodwill.
Returns
9.
(1) The Company shall provide their own courier to collect returned
goods from the Customer Site at their own risk and expense if the return
is due to:
(a) Incorrectly delivered goods
delivered by the courier in which the Customer has notified the Company
in writing within 1 working day of receipt of the goods;
(b) Damaged goods delivered by the
courier, in which the Customer has notified the Company in writing
within 5 working days of receipt of the goods;
(c) Faulty goods that may be replaced
under the warranty terms of the goods within 20 working days of receipt
of the goods.
(2) Except for office machines,
furniture, specials and some electrical items (Full details of such
items may be sent to the Customer in writing to the Customer, on
reasonable request by the Customer), if the Customer is not happy with
any of the Goods purchased from the Website, then they may within 5
working days of receipt of the Goods, return the Goods to the Company’s
premises at the Customer’s risk and expense by logging onto the
Customer’s account on the Website and following the returns process. The
Company reserves the right to refuse to accept such returns if they are
not returned in reasonable time and in their original packaging in a
clean, unused, undamaged and resalable condition.
(3) Except for warranty returns over
20 working days, all other returns shall be agreed in writing with the
Company and shall be sent to the Company's premises at the Customer's
risk and expense. The Company reserves the right to reasonably refuse
to accept all such returns, where the Goods are not returned in their
original packaging in a clean, unused, undamaged and resalable
condition.
(4) Warranty returns over 10 working
days shall be dealt with directly between the manufacturer of the Goods
and the Customer.
(5) Where a refund of the Goods is
required by the Customer, the Company shall use reasonable endeavours to
process such requests within 2 working weeks of receipt of the returned
of the Goods.
Force Majeure
10. The Company shall not be liable for any delay or failure in
performance of its obligations under the Contract which is due to or
results from any circumstances beyond its reasonable control. In any
such event the Company shall be entitled to delay or cancel delivery of
the Goods. If due to any such event the Company has insufficient stocks
to meet all its commitments the Company may apportion available stocks
between its Customers at its sole discretion.
Cancellation
11. Save as provided in Conditions 9 and 10 hereof, Contracts may not be
cancelled except by agreement in writing of both parties.
Privacy and Data Collection
15.
(1) Any personal information supplied by the Customer to the Company in
connection with an order shall be held in confidence and except for
events outside the Company’s reasonable control, the Company shall use
it’s best endeavours to prevent unauthorised or unlawful use or
accidental loss or destruction of such data.
(2) The Company reserves the right to
disclose the Customer’s personal data as required to by law or in the
event of a complaint arising from the Customer’s breach of these terms.
(3) The Company reserves the right to
transfer the Customer’s personal data for internal business use by the
Company and when reasonably required, to locations outside the European
Economic Area, that may not possess data protection laws.
(4) The Customer shall have the right
to be sent a copy of the personal data of the Customer held by the
Company on request by the Customer. The company reserves the right to
charge a small fee for copies provided to the Customer.
Severability
16. If at any time one or more of the above Conditions becomes in whole
or in part void, invalid, or unenforceable then the remainder of the
Contract shall nevertheless be valid and enforceable.
Third Party Rights Exclusion
17. A person who is not a party to the Contract has no rights under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of the
Contract but this does not affect any right or remedy of a third party
which exists or is available apart from that Act.
Notices
18.
(1) All notices hereunder shall be in writing and shall be given by hand
or sent by prepaid first class post, or telex to the party concerned at
its last known address. Notices sent by first class post shall be deemed
(in the absence of evidence of earlier receipt) to have been delivered
forty-eight hours after despatch and notices sent by telex shall be
deemed to have been delivered on the first customary working day in the
addressee's country following the day of their despatch.
(2) Notices to the company shall be
sent to:
Wrights Office Supplies Ltd
Assignment
19. Neither Party shall assign or transfer the whole or any part of its
rights or obligations under the Contract to any other person, firm or
company, without the prior written consent of the Other Party.
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