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Terms & Conditions of Sale - Consumer

 

1. DEFINITION AND INTERPETATION

1.1. In these Conditions:
"BUYER" means the private individual, person or consumer – within the meaning of the ‘Consumer Protection (Distance Selling) Regulations 2000’ (not for instance; a company, organisation or individual trading as a business), whose Order for the Goods is accepted by the Seller.
"GOODS" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
"SELLER" means the Company named on the website.
"CONDITIONS" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
"CONTRACT" means the contract for the purchase and sale of the Goods.
"WRITING" includes telex, cable, facsimile transmission, email and comparable means of communication.
“SUPPLIER" means a manufacturer or an authorised individual having supplied any of the Goods specified in the Website, and who owns or is authorised to use the Intellectual Property Rights in the Goods.
"INTELLECTUAL PROPERTY RIGHTS" means copyrights, letters, patents, know how, inventions, utility models, registered and unregistered designs, trade and service marks, trade names, logos, patent applications, rights in the nature of copyrights and all other similar rights arising from the Materials and Products.
"WEBSITE" means this Index Direct website.
"ORDER" means any order placed with the Seller by the Buyer.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.4 It is the intention of the Seller that all the terms of the contract applying to all transactions on this website are contained in these Terms and Conditions.

1.5 The Seller reserves the right to alter these Terms and Conditions without notice to the Buyer. Changes will apply to any subsequent orders received.

 

2. DELIVERY

2.1 Delivery can only be made to mainland U.K.

2.2 Deliveries to destinations other than mainland U.K. can be arranged by the Seller. Such deliveries will be subject to a delivery surcharge which will either be advised on the website at the time of purchase or by the Seller who will contact the Buyer before acceptance and fulfilment of the contract.

2.3 Delivery dates and times given by the Seller are estimates only. Unless expressly agreed by the Seller in writing time is not and shall not be deemed to be of the essence of the contract, subject to delivery taking place within a maximum of 30 days unless advised otherwise at the time of sale.

2.4 The Buyer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery. Normal delivery times are Monday to Friday 9.00am – 6.00pm excluding bank and public holidays. The Seller will only tender delivery of goods to persons aged over 18.

2.5 Items are supplied subject to their availability. Whilst the Seller will endeavour to hold sufficient stock to meet all orders, if there is insufficient stock to meet your order, the Seller may at their discretion contact the Buyer to offer a substituted product or alternatively refund the price paid for such goods as soon as possible.

2.6 The Seller reserves the right to change details and/or product specifications without notice.

2.7 The Seller reserves the right to make delivery by instalments and tender a separate invoice in respect of each instalment. The Seller’s failure to deliver one or more instalments or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole to be repudiated.

 

3. PRICE

3.1 The price payable for the goods ordered is the price shown on the website at the time the Seller receives the Buyer’s order and any applicable charges for carriage and insurance except for the following exception:

3.2 Whilst every effort is made to ensure that the correct price is displayed on our website, errors may occur. If the Seller discovers that such an error has been made in the quoted price, the Buyer will be contacted to confirm this.

3.3 The Buyer will then be given the option of cancelling the order or re-confirming it at the correct price. If the Seller is unable to make contact with the Buyer the order will be treated as cancelled.

3.4 Subject to clause 3.1 the Seller must receive payment for the whole of the goods ordered together with any applicable carriage and insurance charge, before the order can be accepted. Payment can be made by any method specified on the website.

3.5 Prices shown on the website exclude VAT and the price and VAT will be displayed at the ‘checkout’ phase.

3.6 The Seller reserves the right to change prices and details at any time without notice.

3.7 Prices shown on the web site may not be the same as those shown in the Sellers catalogue.

3.8 Promotions available on the Sellers web site may not be available through the Mail order service and vice versa.

 

4. TERMS OF PAYMENT AND DEPOSITS

4.1 Buyers who shop online must be aged 18 years or over.

4.2 Payment can be made by any method specified on the website.

4.3 Only the following cards are accepted by us: MasterCard, Visa, Maestro, Delta and Solo.

4.4 By placing an order through the web site the Buyer authorises the Seller to debit their credit or debit card for the total amount of the order prior to the despatch of the goods to the Buyer’s delivery address.

4.5 Interest at the rate of 5.0% over the Barclays Bank plc rate shall be charged on any sum overdue for payment and interest at that rate will continue to be charged after Judgment.

 

5. INSPECTION

5.1 The Buyer shall inspect the goods at the place and time of receipt but nothing in these Terms shall require the Buyer to break packaging and / or unpack goods, which are intended to be stored before use.

5.2 The Buyer must advise the Seller by telephone or e-mail within 7 days of receipt, of any claim for short delivery or carriage.

5.3 The Seller shall not be liable for indirect or consequential loss or damage including without limitation loss of profit, of use, or of contracts arising out of the supply or failure of supply of goods (other than liability for death and personal injury resulting from the negligence of the Seller) and whether arising in contract, tort or otherwise. In all other cases liability shall be limited to the contract price.

5.4 If the Buyer does not give notice within 7 days the goods will be deemed to have been delivered in the quantities shown in the delivery documents and the Buyer shall not be entitled and will irrevocably and unconditionally waive any right to reject the goods or claim any damages whatsoever for short delivery howsoever caused.

5.5 The Sellers liability for short delivery is limited to making good the shortage.

 

6. RETURNS AND CANCELLATION

6.1 The Buyer has the right to cancel any order placed on this website within seven working days beginning with the day after the date goods are delivered, without giving reason. The exception to this is where Goods are personalised Goods or Goods made to a Buyer's specification in which case the Buyer cannot cancel or return the order unless the Goods are incorrect or faulty.

6.2 On cancellation for whatsoever reason the Buyer must return the goods in their original condition to the Seller at their cost unless the goods are being returned because they are faulty or incorrect goods, in which case the Seller will meet the cost of the return on the Seller’s nominated carrier. If goods are not returned by the Buyer the Seller reserves the right to deduct the cost of recovering the goods from any refund due to the Buyer.

6.3 Refunds will only be made on the credit or debit card that was originally used to complete the transaction within 30 days.

 

7. FORCE MAJEURE

7.1 The Seller shall not be under any liability for any failure to perform any of its obligations due to Force Majeure. Following notification by the Seller to the Buyer of such course, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.

7.2 For the purposes of this Condition, Force Majeure means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected hereby.

7.3 If notwithstanding the foregoing liability attaches to the Seller then the amount recoverable by the Buyer or any person claiming through the Buyer in respect of any and all breaches by the Seller shall be limited to the reasonable cost of remedying the defect or other matter constituting such breach (and the Seller shall first be afforded the opportunity of carrying out the remedial work at its own cost) and in no circumstances whatsoever shall the Seller's liability to the Buyer exceed the value of the defective goods in question.

 

8. WARRANTY

8.1 Except where goods are sold to a person dealing as a consumer within the meaning of the ‘Unfair Contract Terms Act 1977’ all warranties, conditions or other terms implied by statute or common law are excluded to the full extent permissible by law.

 

9. RISK

9.1 The risk in goods sold to the Buyer shall pass to the Buyer so that the Buyer is responsible for loss, damage or deterioration of the goods or a part thereof at the time of delivery.

 

10. GENERAL

10.1 The Laws of England and Wales apply to this agreement and any disputes in connection with this agreement shall be tried in the courts of England and Wales.

10.2 If any part of these conditions is invalid, illegal or unenforceable the validity, legality or enforceability of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.

10.3 All website content (design, images and text) is the copyright of Index Direct Ltd and its suppliers. The content may not be copied or removed, nor may the site be altered or republished in any way without written permission of Index Direct Ltd.

 
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