Clearance Shop – Terms And Conditions Of Trade
J.B.Kind Ltd (hereinafter referred to as “the Seller”) supplies goods and services to the customer (hereinafter referred to as “the Buyer”) upon the terms and subject to the conditions set out below (hereinafter referred to as “these conditions”). Unless previously agreed in writing by an officer of the seller who has express authority to do so, no verbal, written or other addition, amendment or variation hereto or hereof shall be effective.
These conditions supersede any other terms and conditions appearing elsewhere and shall prevail over and exclude any terms or conditions stipulated or incorporated or referred to by the Buyer or his agents or any third party.
It shall be a pre-condition of the sale of any goods or services by the Seller that the same is subject to these conditions in all respects.
The actual prices to be paid by the Buyer shall be the Seller’s prices ruling at the date of purchase. All quoted prices are inclusive of VAT. The Seller reserves the right to charge for carriage on orders.
All sizes quoted are subject to manufacturing tolerances. The colour and appearance of actual products may differ from those items shown on the website. Images used on the website are for illustrative purposes only.
2. PLACING AN ORDER
Once an order is placed via the Seller’s clearance website, the Seller will send an email confirmation. It is recommended that the Buyer checks the order and delivery details thoroughly.
The Seller cannot and will not accept an order until payment has been received from the Buyer in full for all products and any related delivery charges.
All orders are accepted subject to stock availability. If the order cannot be fulfilled, a full refund will be issued as soon as is possible but within a maximum period of 14 days.
Orders placed through the Seller’s clearance website represent a request to purchase a product. The Seller reserves the right to reject any order for any reason.
Visa and Mastercard credit cards and Maestro, Visa, Delta, Electron debit cards can be used for payment. Payments are made in GBP and inclusive of VAT.
Any times quoted for delivery are estimates only. The Seller will use its best endeavours to comply with delivery dates without incurring any liability for failure to achieve such dates. The Seller shall not be liable for any shortage in quantity delivered nor for any defect in the quality, nature or condition of the goods nor for noncompliance with any specification unless the Buyer:
(i) Endorses the delivery documents with details of the claim,
(ii) Retains for inspection all packaging materials relative to the claim,
(iii) Notifies the Seller, in writing, of any claim for loss or damage within 48 hours of the delivery.
Unless otherwise agreed in writing, the Buyer shall be bound to accept goods ordered by them on notification that they are ready for delivery.
5. CANCELLATION AND RETURNS
These rights during the ‘Cooling off period’ and other rights or obligations only apply to consumers and not to business buyers.
The Buyer has the right to cancel their order for any reason within 14 working days from the date of delivery. To do so the Buyer must notify the Seller in writing (preferably via email to firstname.lastname@example.org) as soon as possible. The product must then be returned to the Seller in resaleable condition within a further 14 days.
If the ordered products have not been despatched by the Seller at the time of cancellation, a refund will be made to the Buyer within 14 days representing all the monies paid by the Buyer to the Seller.
All orders that have been despatched, whether in transit, or delivered, that the Buyer has requested for cancellation will incur delivery and/or collection charge. Arrangements for collection of goods can be made by the Seller by emailing email@example.com.
Any goods returned by the Buyer, using transport arranged by the Buyer, must be returned to the Seller in an “as new” saleable condition and within 14 days of receipt of notice of cancellation. The Seller reserves the right to check, on receipt of goods, that there is no damage or missing parts. Any cost of replacing damaged or missing parts will be deducted from any monies owed.
If the product delivered to the Buyer has any damage, then the Buyer must make note when signing the carrier’s delivery note or handheld device. Any items damaged or missing within the packaging must be reported in writing within 48 hours of delivery. Photographic evidence should be sent to firstname.lastname@example.org.
6. LIMITATION OF SELLER’S LIABILITY
Except for death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer for any consequential costs or losses arising in excess of the invoice value of the goods which are the subject of a claim. Any claim based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified in writing to the Seller within 48 hours from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. In addition, the Seller will not accept any liability in respect of goods supplied which subsequently prove to be defective where such goods have been altered or used in a way contrary to the instructions supplied with the goods.
7. DESCRIPTION OF GOODS
All descriptions and illustrations contained in any correspondence of the Seller are provided to give a general idea of the goods described therein. The Seller reserves the right to alter specifications without notice.
9. FORCE MAJEUR
The Seller shall not be liable for any failure or delay in the performance of its obligations to the Buyer caused by Act of God, riot or civil commotion, strike, lockout, fire, flood, draught, failure to obtain or shortage of raw materials or any other cause beyond its reasonable control.
10. GOVERNING LAW
If at any time one or more of the provisions of these conditions shall become or be declared invalid, illegal or unenforceable in any respect under the law, the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
These conditions and every contract made pursuant thereto shall be governed by and construed and interpreted in accordance with the laws of England.