1. INTERPRETATION
1.1 In these conditions 'BUYER' means the person 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 any parts for them) which the
Seller is to supply in accordance with these Conditions
`SELLER' mean Web-Error whose registered office is at:
3, The Fairway
Midhurst
West Sussex
GU29 9JD `CONDITIONS'
means the standard terms and conditions of sale set out in this
document and (unless the context a otherwise requires) including
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 facsimile transmission, electronic mail and
comparable means of communication.
1.2
Any reference in the 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.
CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the contract with the Supplier
up to 7 business days from the date after receipt of the goods.
The consumer is under a duty to restore goods to the supplier
and in the mean time take reasonable care of them. The consumer
must pay for the safe return of the goods to the Supplier, where
the consumer does not return the goods then the consumer must
pay the Supplier all reasonable charges to recover them.
The
Supplier may deduct the cost of collecting the goods from any
refund if the consumer fails to return the goods.
The contract may only be cancelled in writing, either by fax or
email, a telephone call is not enough. Notice may also be served
by using our website under the Returns On Line section.
Where
a consumer exercises the right to cancel under the cooling off
period, the goods should be returned or be available for collection
with 5 days of the notice being given.
Where
the Seller has dispatched goods to the Buyer but the goods are
not delivered (due to the Buyer either refusing to accept or not
be available to take delivery) then the Seller shall refund the
cost of the goods minus any reasonable charges in recovering the
goods.
3.
ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to be accepted
by the Seller unless payment has been taken by the Seller.
3.2 The quantity, quality and description of and any specification
for the Goods shall be those set out in the Seller’s quotation
(if accepted by the Buyer) or the Buyer’s order (if accepted
by the Seller)
3.3 Any order that has been accepted by the Seller may be cancelled
before delivery or after delivery under the Distance Selling Regulations.
Cancellations must be made in writing by fax, email, writing to
our office or by the Returns on Line section of our website. Notification
by phone is not sufficient.
3.4 Any amendments or cancellations to orders must be received
in writing by either fax/email. If no written confirmation is
received then no changes will be made to the order and goods will
be delivered as per the order.
4.
PRICE OF GOODS
4.1 The price of the goods shall be the sellers quoted price on
the website. Buyers shall make an offer to purchase the goods
from the Seller by placing an order on the website. This offer
to purchase does not constitute the sellers acceptance to supply
the goods at the price shown. The contract shall be made at the
point where the Seller takes a payment from the Buyer in total.
Where there are delays in taking payment the price of the goods
can not be guaranteed. The Seller will notify the buyer within
48 hours if the offer to purchase is not accepted.
4.2 Except as other wise stated under the terms of any quotation
or in any price list of the Seller, and unless otherwise agreed
in Writing between the Buyer and the Seller, all prices are given
by the Seller on an ex works basis, and where the Seller agrees
to deliver the goods otherwise than at the Seller's premises,
the Buyer shall be liable to pay the Seller's charges for the
transport, packaging and insurance.
5.
TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods until the
Buyer has paid for them. Payment shall be due before the Delivery
date and time for payment shall be of the essence.
6.
ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods once a reasonable
period of time has elapsed from date of delivery.
6.2 If the goods are thought to be defective after a reasonable
period of time has elapsed then a replacement or repair may be
offered if the goods are indeed found to be defective.
7.
DELIVERY
7.1 The Seller shall make delivery of the Goods to the Buyer as
agreed by the Seller.
7.2 Any dates quoted for delivery of the Goods are approximate
only and the Seller shall not be liable for any delay in delivery
of the Goods however caused. Time for delivery shall not be of
the essence of the Contract unless previously agreed by the Seller
in writing. The Goods may be delivered by the Seller in advance
of the quoted delivery date.
7.3 The Seller may elect to deliver the Goods on different days
by different couriers. The Seller in the interests of convenience
to the Buyer will keep these instances to a minimum.
7.4 If the Buyer fails to take delivery of the Goods or fails
to give the Seller adequate delivery instructions at the time
stated for delivery (otherwise than by reason of any cause beyond
the Buyer’s reasonable control or by reason of the Seller’s
fault) then, without prejudice to any other right or remedy available
to the Seller, the Seller may:
7.4.1 store the Goods until actual delivery and charge the Buyer
for the reasonable costs (including insurance) of storage; or
7.4.2 sell the Goods at the best readily available obtainable
and (after deducting all reasonable storage and selling expenses)
account to the Buyer for the excess over the price under the Contract
or charge the Buyer for any shortfall below the price under the
Contract.
7.5 The Goods shall be delivered to the Buyer at the Buyer’s
address. The risk on the Goods shall pass to the Buyer upon such
delivery taking place.
8. WARRANTIES AND LIABILITY
8.1 All goods purchased will be supplied with a 12 month guarantee.
(Unless Otherwise Stated). In cases where the manufacturer has
setup a direct warranty relationship with the End User then that
procedure will be applied.
8.2 All Goods to be returned must first have the authorization
of the Seller. Failure to obtain such authorization may result
in the rejection of the return.
8.3 In the event that the manufacturer replacing or repairing
the Goods and the Seller receiving these Goods back from the manufacturer,
the Seller shall immediately dispatch those Goods at his own cost
to the Buyer if these were in fact faulty upon receipt.
8.4 The Seller shall be under no liability in respect of any defect
arising from fair wear and tear, willful damage, negligence, abnormal
working conditions, misuse or alteration of the Goods without
the Seller’s approval.
8.5 Any claim by the Buyer which is based on any physical damage
or defect in the quality or condition of the Goods or their failure
to correspond with specification shall (whether or not delivery
is refused by the Buyer) be notified to the Seller within 7 business
days 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. If delivery is not refused
and the Buyer does not notify the Seller accordingly, the Buyer
shall not be entitled to reject the Goods and the Seller shall
have no liability for such defect or failure and the Buyer shall
be bound to pay the price as if the Goods had been delivered in
accordance with the Contract. * We urge our customers to sign
for goods as "contents not checked" * if it is not possible
to check the goods whilst in the presence of the delivery driver.
8.6 Where any valid claim in respect of any of the Goods which
is based on any defect in the quality or condition of the Goods
or their failure to meet specification is notified to the Seller
in accordance with these Conditions, the Seller shall be entitled
to replace the Goods (or the part in question) free of charge
or refund to the Buyer the price of the Goods (or a proportionate
price of the price), but the Seller shall have no further liability
to the Buyer. Where a replacement unit is available a refund will
only be offered within 30 days, and 20% restocking fee will be
deducted from the refund. Where a refund is requested the item(s)
must be returned to the Seller within 30 days.
8.7 Any item(s) returned to Web-Error will only be accepted
if a valid RMA number is clearly marked on the outside of the
package. Any item(s) returned without a valid RMA number on the
outside may be refused.
8.8
Any item(s) returned to Web-Error Ltd and found not to be faulty
will be subject to £10 testing fee and the costs of sending
the goods back to the buyer to be supported by the buyer.
9. CONFIDENTIALITY
9.1 The Buyer hereby acknowledges and confirms that the Buyer
shall keep confidential all information of a secret or confidential
nature (except for that which is already in the public domain)
in relation to the Seller or the Seller’s business which
is disclosed to it or its advisors by the Seller or its advisors
and will not without the Seller’s consent divulge such information.
10.WEB DESIGN SERVICES
1. A 50% deposit will be required on agreement of the website design on first instance.
2. The website will take a maximum of 3 months from start to finish, unless requested and agree by both parties.
3. The remaining 50% will be paid on termination of website.
4. Web Error is not responsible for upload the website to the hosting company, unless the website will be hosted by us and agreed in the contract.
5. Web error is not responsible to update the website, after the design has been completed, unless agreed and described in the contract.
6. You the buyer, have to supply us all the text and graphic content for the website, in a reasonable, and not more than the time described in number 2.
7. If you do not supply us with all the text and photos for your website, in the time agreed by both parties in writing, or the time scale show in the number 2, you (the buyer) still liable for the final payment after the agreed time scale.
8. Web Error can host and register your Domain, if agreed and described by us in the contract.
9. The price of web Hosting and Domain is subject to a yearly renewal fee, and it will be explained and described in writing in your invoice.
10. Any SEO packages that Web Error includes in your website design, it will be described and included in the price offer, or it will be extra and explained to you at the time.
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