PLEASE READ THESE TERMS OF SALE
CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE
TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1 Interpretation
1.1 In these conditions "Buyer" means the person (you)
who accepts a quotation of the Seller for the sale of the
Goods or whose order for the Goods is accepted by the Seller.
"Goods" means the Goods including any installment of the Goods (or part of them)
which the Seller is to supply in accordance with these Conditions
"Seller" means SeaFishingGear.co.uk
"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 e-mail, facsimile transmission and comparable means of communication
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
2. Format of the Contract
2.1 No contract exists between the Buyer and the Seller
for the sale of any goods until the Seller has received and
accepted the Buyer's order and the Seller has received payment
in full (in cleared funds). Once the Seller does so, there
is a binding legal contract between us.
2.3 By way of clarification, an acknowledgement of the Buyer's order
will be sent to the Buyer via e-mail when the order is placed, but acceptance
of the Buyer's offer to buy the goods will not take place until after
payment is taken and the Buyer receives the acceptance e-mail. It is
at this point that a binding legal contract is created and any contract
is subject to these Terms and Conditions.
2.4 The contract is subject to the Buyer's right of cancellation (see
below).
2.5 The Seller may change these terms of sale without notice to you in
relation to future sales
3. Description and price of the goods
3.1 The description and price of the goods the Buyer orders
will be as shown on the Sellers website at the time the order
was placed.
3.2 The goods are subject to availability. If on receipt of the order
the goods the Buyer has ordered are not available in stock, the Seller
will inform the Buyer as soon as possible and refund or re-credit the
Buyer for any sum that has been paid by the Buyer or debited from the
Buyer's credit card for the goods.
3.3 Every effort is made to ensure that prices shown on the Sellers website
are accurate at the time the order was placed. If an error is found,
the Seller will inform the Buyer as soon as possible and offer the Buyer
the option of reconfirming the order at the correct price, or cancelling
the order. If the Seller does not receive an order confirmation within
14 days of informing the Buyer of the error, the order will be cancelled
automatically. If the Buyer cancels, the Seller will refund or re-credit
the Buyer for any sum that has been paid or debited from the Buyer's
credit card for the goods.
3.4 In addition to the price, the Buyer may be required to pay a delivery
charge for the goods.
4. Payment
4.1 Payment for the goods and delivery charges can be made
by any method shown on the Seller's website at the time the
order is placed. Payment shall be due before the delivery
date and time for payment shall be of the essence.
4.2 There will be no delivery until cleared funds are received.
4.3 Payments shall be made by the Buyer without any deduction whether
by way of set-off, counterclaim, discount, abatement or otherwise unless
the Buyer has a valid court order requiring an amount equal to such deduction
to be paid by the Seller to the Buyer.
5. Delivery
5.1 The goods ordered by the Buyer will be delivered to
the address given when the order was placed. Deliveries are
not made outside the United Kingdom.
5.2 Orders placed before 4.00 pm on a working day will be processed that
day and will be delivered as per the requested delivery option provided
no additional security checks are required and all stock items are available.
(A working day is any day other than weekends and bank or other public
holidays.)
5.3 If delivery cannot be made to the Buyer's address for reasons under
the Seller's control the Seller will inform the Buyer as soon as possible
and refund or re-credit any sum that has been paid by the Buyer or debited
from the Buyer's credit card for delivery.
5.4 If the Buyer deliberately fails to take delivery of the goods (otherwise
than by reason of circumstances under control of the Seller) then without
prejudice to any other right or remedy available to the Seller , the
Seller may:
5.4.1 Store the goods until actual delivery and charge the Buyer for
reasonable costs (including insurance) of storage; or
5.5 If the Buyer fails to take delivery because the Buyer cancelled the
contract under the Distance Selling Regulations the Seller shall refund
or re-credit the Buyer within 30 days for any sum that has been paid
by the Buyer or debited from the Buyer's credit card for the goods, less
any expenses incurred for failed delivery.
5.6 Every effort will be made to deliver the goods as soon as possible
after the order has been accepted. However, the Seller will not be liable
for any loss or damage suffered by the Buyer through reasonable or unavoidable
delay in delivery. In this case, the Seller will inform the Buyer as
soon as possible.
5.7 Time for delivery shall not be of the essence. The goods may be delivered
by the Seller in advance of the quoted delivery date.
5.8 Upon receipt of the order the Buyer will be asked to sign for the
goods received in good condition. If the Buyer is unable to check the
contents of the package at that moment in time please sign for the parcel
as "UNCHECKED". Failure to do so may affect any warranty claims made
thereafter.
6 Risk/Title
6.1 The goods are at the Buyer's risk from the time of
delivery
6.2 Ownership of the goods shall not pass to the Buyer until the Seller
has received in full (in cash or cleared funds) all sums due to it in
respect of:
6.2.1 the goods, and
6.2.2 all other sums which are or which become due to the Seller from
the Buyer on any account.
6.3 The Seller shall be entitled to recover payment for the goods notwithstanding
that ownership of any of the goods has not passed from the Seller.
7. Your right of cancellation
7.1 The Buyer has the right to cancel the contract at any
time up to the end of 7 working days after the goods have
been received (see below).
7.2 To exercise the right of cancellation, the Buyer must give written
notice to the Seller by letter, or e-mail, at the e-mail address shown
below, or via the Returns on Line section of our website, giving details
of the goods ordered and (where appropriate) their delivery. Notification
by phone is not sufficient.
7.3 If the Buyer exercises the right of cancellation after the goods
have been delivered, the Buyer will be responsible for returning the
goods to the Seller at the Buyer's own cost. The goods must be returned
to the address shown below. The Buyer must take reasonable care to ensure
the goods are not damaged in the meantime or in transit.
7.4 Once the Buyer has notified the Seller that the Buyer is cancelling
the contract and the Goods have been returned in good condition, the
Seller will refund or re-credit the Buyer within 30 days for any sum
that has been paid by the Buyer or debited from the Buyer's credit card
for the goods.
7.5 If The Buyer does not return the goods as required, the Seller may
charge the Buyer a sum not exceeding the direct costs of recovering the
goods.
9. Warranty
9.1 All goods supplied by the Seller are warranted free
from defects for 12 months from the date of supply (unless
otherwise stated). This warranty does not affect the Buyer's
statutory rights as a consumer.
9.2 This warranty does not apply to any defect in the goods arising from
fair wear and tear, wilful damage, accident, negligence by the Buyer
or any third party, use otherwise than as recommended by the Seller,
failure to follow the Seller's instructions, or any alteration or repair
carried out without the Seller's approval.
9.3 If the goods supplied to the Buyer are damaged on delivery, the Buyer
should notify the Seller in writing via letter or the e-mail address
shown below within 7 days.
9.4 If the goods supplied to the Buyer develop a defect while under warranty
or the Buyer has any other complaint about the goods, the Buyer should
notify the Seller in writing via the e-mail address shown below, as soon
as possible, but in any event within 7 days of the date the Buyer discovered
or ought to have discovered the damage, defect or complaint.
10. Limitation of Liability
10.1 the Seller's total liability in contract, tort (including
negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the
performance or contemplated performance of this agreement
shall be limited to the price paid for the goods.
10.2 Nothing in these conditions excludes or limits the liability of
the Seller for death or personal injury caused by the Seller's negligence
or fraudulent misrepresentation.
10.3 If the Buyer is a business customer the Seller shall not be liable
to the Buyer for any indirect or consequential loss or damage (whether
for loss of profit, loss of business, depletion of goodwill or otherwise),
costs, expenses or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with this agreement.
11. Data Protection
The Seller will take all reasonable precautions to keep
the details of the Buyer's order and payment secure but unless
the Seller is negligent, the Seller will not be liable for
unauthorised access to information supplied by the Buyer.
12. Applicable Law
These terms of sale and the supply of the goods will be
subject to English law and the English courts will have jurisdiction
in respect of any dispute arising from the contract.
12. Site Policies, Modification, and Severebility
Please review our other policies, such as our Shipping
and Returns policy, posted on this site. These policies also
govern your visit to SeaFishingGear. We reserve the right
to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
13. Questions:
Questions regarding our Conditions of Usage, Privacy Policy,
or other policy related material can be directed to our support
staff by sending an e-mail to us at: Sales@SeaFishingGear.co.uk |