Terms

TERMS AND CONDITIONS OF SALE

 

OF

 

www.stabilicersuk.co.uk

 

1          DEFINITIONS

 

1.1        “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

 

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 Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

 

1.4        “Goods” means the articles that the Buyer agrees to buy from the Supplier;

 

1.5        “Services” means the services that the Buyer agrees to buy from the Supplier;

 

1.6        “Supplier” means STABILicers UK Ltd of Unit N6, Cardiff Bay Business Centre, Lewis Rd, Cardiff, CF245EL that owns and operates www.stabilicersuk.co.uk and any of its sub domains;

 

1.7        “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 Supplier;

 

1.8        “Website” means www.stabilicersuk.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 and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer. The following terms only apply to consumers and not to trade customers. Terms and conditions for trade customers are available upon request.

 

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 Supplier.

 

2.5        Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

 

2.6        Any complaints should be addressed to the Supplier’s address stated in clause 1.6.

 

3          ORDERING

 

3.1        All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.  The Supplier 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 28 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.

 

4          PRICE AND PAYMENT

 

4.1        The price of the Goods and/or Services shall be that stipulated over the phone or by email. The price is EXCLUSIVE of VAT.  Where applicable, the price EXCLUDES delivery charges.

 

4.2        Payment of the price plus VAT and delivery charges, if applicable, must be made in accordance with the PAYMENT TERMS.

 

4.3        Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

 

4.4        Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of The Bank of England from time to time in force.

 

5          PERFORMANCE OF SERVICES

 

5.1        The Supplier shall begin to perform the Services  as soon as payment has cleared.

 

5.2        The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

 

 

6          RIGHTS OF SUPPLIER

 

6.1        The Supplier reserves the right to periodically include or update prices on the Website, which cannot be guaranteed for any period of time.  The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

 

6.2        The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

 

6.3        The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

 

7          AGE OF CONSENT

 

7.1        Where Goods and/or Services 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 and/or Services.

 

7.2        If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.

 

8          DELIVERY

 

8.1        Goods supplied within the UK will normally be delivered within 6-8 working days of acceptance of order.

 

8.2        Goods supplied outside the UK will normally be delivered within 10 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 Supplier 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 Supplier 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        Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

 

8.7        Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

 

9          CANCELLATION AND RETURN

 

9.1        The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.

 

9.2        The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by 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.

 

9.3        Where a claim of defect or damage is made the Supplier shall be responsible for the recovery of the Goods from the Buyer within 28 days of delivery.  The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective.

 

9.4        If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier by email or phone 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.

 

9.5        Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging 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) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.

 

 

9.6        Goods to be returned must clearly show the order number obtained from the Supplier on the package.

 

9.7         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 Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier 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 Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

 

11           WAIVER

 

No waiver by the Supplier (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 Supplier 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 Supplier 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 Supplier 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.

 

SCHEDULE

 

Special Conditions

 

[DETAILS OF ANY SPECIFIC CONDITIONS]

 

GUIDANCE NOTES

These notes are provided to assist you in completing your document.  They do not form part of the Terms and Conditions of Sale.

 

POSTAL ADDRESS (1.5)

 

If you wish to send any information or documents by post our postal address is Unit N6, Cardiff Bay Business Centre, Lewis Rd, Cardiff CF245EL.

 

THE ORDER PROCESS SECTION (3.3)

 

All orders should be made either by email or phone, where STABILicers UK will confirm pricing and arrange an agreed invoice for payment.

 

PAYMENT TERMS (4.4)

 

We must receive payment in full before dispatch of Goods or commencement of the Services and payment must be made through BACS, Card payment, Cheque or Paypal for security purposes.

 

RATE OF INTEREST

 

The rate of interest to be applied on overdue invoices. This will be the amount above the base rate of the specified bank from time to time in force.

See below for information on the EC Directive on late payment.

 

EC DIRECTIVE ON LATE PAYMENT

 

This document contains clauses entitling the Supplier to payment within 30 days of receipt of invoice and to interest on late payment at a specified rate above the base rate of a nominated bank.

 

The amendments to the Late Payment of Commercial Debts [Interest] Act 1998 came into force on 7th August 2002, ensuring that the UK late payment laws meet the requirements of the EC Directive on late payment. The Act provides for a mandatory 30 day credit period and late payment interest at the rate of 8% above the Bank of England Base Rate where there are no written ‘terms and conditions of credit sale’ between supplier and purchaser.

 

Where two parties agree on a rate of late payment interest – contractual interest – the Act will not apply. However, if default arises and the rate agreed is not considered to be a ‘substantial remedy’, the courts will act in favour of the aggrieved party who has a right to either a better remedy or the basic remedy offered within the Act. This should be borne in mind when specifying a rate of interest.

 

NAME OF BANK (4.6)

 

The name of the bank whose base lending rate will be used when calculating the rate of interest charged on late payments will be The Bank of England.

 

UK DELIVERY (7.1)

 

The number of days within which Goods will (normally) be supplied within the UK is within 8 working days. The Distance Selling Regulations provide that the contract must be performed within 30 days.

 

OUTSIDE UK DELIVERY (7.2)

 

The number of days within which Goods will (normally) be supplied outside the UK is within 10 working days. The Distance Selling Regulations provide that the contract must be performed within 30 days.

 

RETURNS – CONTACT METHOD (8.2)

 

This should be in writing in an email to orders@stabilicersuk.co.uk specifiying the Order Number.

 

CANCELLATION – CONTACT METHOD (8.4)

 

As the buyer you should contact the Supplier in the event of choosing to cancel either by writing in an email to orders@stabilicersuk.co.uk or by oour other main emails on our Website specifiying the Order Number A consumer has a “cooling off” period of 7 working days and an unconditional right to cancel within that time. The Distance Selling Regulations require the Buyer to send a notice of cancellation in writing, including fax or email.

N.B. A telephone call will not suffice.

 

DELIVERY METHOD (10.1)

 

Your goods will be delivered by whichever courier we deem suitable at the time of purchase, and if in the case of vouchers we may deliver them by email to the email address given by the Buyer at the time the order was placed, if by post we will ensure a secure means to the address given by the Buyer at the time the order was placed.

 

PAYMENT TERMS (10.1)

 

Payment for Vouchers must be paid in full before dispatch of the vouchers.

 

DETAILS OF ANY SPECIFIC  CONDITIONS (SCHEDULE)

 

None