Terms & Conditions of Sale of connellyhomecentre.co.uk
1. Definitions
2. Conditions
3. Ordering
4. Price & Payment
5. Rights of Seller
6. Age of Consent
7. Warranty
8. Delivery
9. Cancellation & Return
10. Limitation of Liability
11. Waiver
12. Force Majeure
13. Severance
14. Changes to Terms & Conditions
15. Governing law & jurisdiction
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees
to buy the Goods from the Seller;
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 Seller and the Buyer
for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from
the Seller;
1.5 "Seller" means connellyhomecentre.co.uk of units 1 & 2 Jennison
Street, bulwell, nottingham. ng6 9hj that owns and operates www.connellyhomecentre.co.uk;
1.6 "Terms and Conditions" means the terms and conditions of sale
set out in this document and any special terms and conditions agreed in writing
by the Seller.
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 by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
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 Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these Terms and Conditions and are subject to acceptance by
the Seller. The Seller 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 30 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 within the website.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website.
The Price is inclusive of VAT. The Price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will
be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details,
description and price for the Goods together with information on the right to
cancel if the Buyer is a Consumer.
4.4 Payment of the Price plus VAT and delivery charges must be made in full
before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of
any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at
any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from
the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods 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.
6.2 If the Seller discovers that the Buyer is not legally entitled to order
certain Goods, the Seller shall be entitled to cancel the order immediately,
without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond
to the description given by the Seller. Except where the Buyer is dealing as
a Consumer, all other warranties, conditions, or terms relating to fitness for
purpose, merchantability or condition of the Goods, whether implied by Statute,
common law or otherwise are excluded, and the Buyer is satisfied as to the suitability
of the Goods for the Buyer’s purpose.
8 DELIVERY
8.1 Goods supplied within the England & Wales will normally be delivered within 28 working
days of acceptance of order. Some special orders will be longer, contact us
for details when buying.
8.2 Goods supplied outside the England & Wales are subject to a surcharge and will normally be delivered within 28 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 Seller 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 Seller 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 we deliver to the nearest ground floor location i.e. garage or hall. The goods must be thoroughly
inspected and the delivery note signed by the buyer or the buyers agent.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the
Goods.
8.7 Delivery charge is costed separately for each item.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller by Telephone & 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.
9.2 Where a claim of defect or damage is made the Seller shall be responsible
for the recovery of the Goods from the Buyer. The Buyer shall be entitled to
a full refund (including delivery costs) if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to your other rights,
to cancel the Contract and receive a refund by informing the Seller by Telephone
& email with confirmation letter within 7 working days of receipt of the
Goods.
9.4 Goods must be returned by the Buyer at the Buyer’s expense 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 within 30 days of cancellation. If the Buyer fails
to return the Goods following cancellation, the Seller shall be entitled to
deduct the cost of recovering the Goods from the Buyer.
9.5 Goods to be returned must clearly show the order number obtained from the
Seller on the package.
9.6 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 Seller the remedies
of the Buyer shall be limited to damages which shall in no circumstances exceed
the Price of the Goods and the Seller 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 Seller for death or personal injury resulting from the negligence of
the Seller or that of the Seller’s agents or employees.
11 WAIVER
No waiver by the Seller (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 Seller 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, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the Seller 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 Seller 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.
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