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The following terms and conditions (“the Conditions”) are the terms on
which Excel Retail Solutions Ltd and its trading style Excel Shop
Fittings ("the Company") sells products and services ("the Goods") to an
individual or entity ("the Buyer") and supersedes all other terms and
conditions relating to the subject matter of these Conditions
1.
PRICE AND PAYMENT
1.1. The price
is inclusive of VAT and exclusive of any delivery charges for the Goods
(“the Price") and payment of the Price including any delivery charges
shall be made by the Buyer on ordering the Goods.
2. GOODS
2.1. The
description and quantity of the Goods to be sold shall be as set out in
the eBay Listing.
2.2. Whilst the
Company makes every effort to ensure that Goods supplied correspond in
every respect with the sample, specification or description provided as
the case may be, the Company is not responsible for minor variations in
specification, in colour, or other design features, and no such minor
variations shall entitle the Buyer to rescind the contract or shall be
the subject of any claim against the Company by the Buyer.
2.3. The
Company makes no representations or warranties about the accuracy
completeness or suitability for any purpose of the information, written
and verbal, and related graphics published. The information may contain
technical inaccuracies or typographical errors. All liability of the
Company howsoever arising for any such inaccuracies or errors is
expressly excluded to the fullest extent permitted by law.
2.4. The Goods
are usually dispatched within 5 working days unless quoted otherwise.
The Company will contact the Buyer if there are any variations to the
quoted delivery schedule.
2.5. The
Company will use its best endeavours to comply with the date named for
delivery which is given and intended as an estimate only and is not to
be the essence of the contract. The Company accepts no liability for
loss or damage, including consequential loss or damage, arising due to
late or non-delivery.
3. ACCEPTANCE
3.1. The Buyer
shall be deemed to have accepted the Goods and these terms and
conditions of sale at the time of an order.
4. DELIVERY, TITLE AND RISK
4.1.
The Goods
shall be at the risk of the Buyer following delivery.
4.2.
Notwithstanding delivery title in the Goods shall not pass to the Buyer
until the Buyer has made payment of all sums owing to the Company.
4.3.
Until such
time as title in the Goods passes to the Buyer the Company shall have
the right to repossess or otherwise recover the Goods.
5. WARRANTIES AND GUARANTEES
5.1. The
Company warrants that the Goods will correspond with the description at
the date of order and are fit for the purpose for which they are sold at
the time of delivery. Any manufacturer's warranties form a separate
contract between the Buyer and the manufacturer and are not the essence
of the contract formed between the Buyer and Company.
5.2. Where
Goods carry a manufacturer's extended warranty it is the sole
responsibility of the Buyer to liaise directly with the manufacturer of
the Goods for full details of the warranty agreement.
5.3. The
Company offers a 7 day trial period and may accept goods for return on
condition the goods are returned within seven days of the date of
delivery and the goods are returned in their original packaging with the
packaging undamaged. The Company will give a 100% refund of the Goods
value. (applies to UK mainland only). The Buyer will pay the cost of
returning Goods, unless the Goods were faulty on delivery.
The 7 day
trial period does not apply to special ordered or custom made Goods,
including but not
limited to slatwall, counters, gondolas, mannequins, and certain display
products.
5.4. The 7 days
start from the day the carrier delivers. Goods arriving back after 7
days may incur a handling charge of 15% of the Goods value.
5.5. The
Company does not guarantee compatibility of any Goods with another
unless specified in writing. The Company will however take reasonable
care when providing advice on the suitability or compatibility of the
Goods where specific information regarding their use or a detailed
specification has been provided by the Buyer.
5.6. The
Company primarily conducts business to business transactions, and as
such is excluded from the consumer trading act unless the Buyer is a
consumer.
6. LIMITATION OF LIABILITY
6.1. Save in
respect of personal injury or death due to the negligence of the
Company, the Company shall not be liable to the Buyer in respect of any
loss or damage, including consequential loss or damage suffered by the
Buyer due to any defect in the Goods.
6.2. Without
prejudice to Condition 6.1 the Company shall not be liable to the Buyer
or any third party for any loss of profit, consequential or other
economic loss suffered by the Buyer arising in any way from this
contract.
6.3. Save in
respect of personal injury or death due to the negligence of the Buyer
the liability of the Company under these Conditions shall be limited to
and under no circumstances exceed the Price of the Goods.
7. EXCEL SHOP FITTINGS EBAY STORE USE
7.1 It is a
condition of use of the site and the materials in it that it’s at the
user's own risk. The Company give’s no representation or warranty as to
the accuracy of the content of the site and assume no responsibility for
errors or omissions in it or the effect it has upon your computer. The
Company disclaims all liability in respect of such information and its
provision. Neither Excel Shop Fittings nor any of the site's editors or
contributors shall be liable for any loss or damages suffered as a
result of any use of the site, including but not limited to direct loss,
consequential loss and loss of profits. We do not assume, and therefore
disclaim, any liability for any loss or damage caused by errors or
omissions. The site is provided on an "as is" and "as available" basis.
We shall not be liable for any direct, indirect, incidental, special, or
consequential damages. This includes, without limitation and even if we
are advised of the possibility thereof, any damages for loss of goodwill
or any and all other commercial damages or losses including loss of
profit, that result from the use of, or inability to use Excel Shop
Fittings eBay Store.
7.2 The Company
disclaims any responsibility for the content of any third party
materials provided through or on this Internet site. Any recommendation
made on this site is a personal opinion only and does not constitute any
form of warrant, guarantee, promise or assurance.
7.3 The user
agrees not to rely on any information obtained from Excel Shop Fittings
eBay Store and indemnifies us from mistakes, omissions, errors,
interruptions, delays of service or performance, defects, harmful
components, viruses and bugs, howsoever caused. It is the user's duty to
execute anti-contamination or virus software and ensure that any
information, if contaminated or infected, will not damage the user's
information or system. Personal information sent to Excel Shop Fittings
eBay Store is at the sender's own risk.
7.4 In order to
use this site you must agree to be legally bound and to abide by the
terms. The use of this site for any reason is deemed to be an agreement
of this condition. If you do not agree with these terms, please exit
this site by closing the browser window.
8. FORCE MAJEURE
8.1. The
Company shall not be liable for any default due to any circumstance
beyond the reasonable control of the Company including, but not limited
to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of
civil or military authorities, fire flood, earthquake or shortage or
unavailability of materials from normal sources of supply.
9. GENERAL
9.1. If any
term or provision of these 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 Conditions had been
agreed with the invalid illegal or unenforceable provision eliminated
9.2. The
headings in these Conditions are for ease of reference only and shall
not affect the interpretation of any of the Conditions
10. GOVERNING LAW AND JURISDICTION
10.1
This
agreement shall be governed by the laws of England and Wales and the
parties hereby submit to the non-exclusive jurisdiction of the Courts of
England and Wales.
11. RIGHTS OF CONSUMER
11.1.
Nothing
in these Conditions shall affect the statutory rights of a consumer. ExcelShopfittings.co.uk is a
trading style of Excel Retail Solutions Ltd. Trading address: 99-101
Cheetham Hill Road, Cheetham Hill, Manchester, M8 8PY
Registered Address: 5-7 New
Road, Radcliffe, Manchester, M26 1LS
VAT No: 861 9441 07 Company
No: 5455294 England and Wales |
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