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Online Terms and Conditions of Sale
These Online Terms and Conditions of Sale apply to allpurchases from our website: www.duraweld.co.uk. Please read them carefully before placing an order.
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 as described 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 “Delivery Charges” means the charges for delivery of the Goods set out on the Website;
1.5 “Goods" means the articles that the Buyer agrees to buy from the Seller;
1.6 “Goods Configurator” means the part of the Website which allows the Buyer to design Goods to his specifications and/or to personalise the Goods;
1.7 “Personalised” means Goods designed using the Goods Configurator which contain any material (which for the avoidance of doubt shall include but not be limited to images, pictures, photos and words) uploaded orotherwise specified by the Buyer;
1.8 “Price” means the price for the Goods set out on the Website,exclusive of VAT which is payable by the Buyer in addition;
1.9 “Regulations” means the Consumer Protection ( Distance Selling) Regulations 2000 as amended;
1.10 "Seller" means Duraweld Limited,(company registration number 07027865, VAT number GB 982 0839 92) whose registered office is 12 Alma Square, Scarborough, North Yorkshire YO11 1JU and whose correspondence address is Salter Road, Scarborough, North Yorkshire, YO11 3UP;
1.11 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing (whether by letter, fax or email) by the Seller; and
1.12 “Website” means the Seller´s website at www.duraweld.co.uk.
2.1 Nothing in these Terms and Conditions shall exclude the statutory rights the Buyer may have 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 from the Website and shall prevail over any other documentation or communication from the Buyer.
2.3 The submission of an order by the Buyer from the Website 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.
3.1 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 reserves the right to restrict the number of Goods the Buyer may order and to refuse any order.
3.2 All orders are subject to availability of the Goods. If the Goods are unavailable the Seller may at its option, except in the case of orders designed using the Goods Configurator, offer to sell to the Buyer Goods of a similar description to those ordered. If the Seller is unable to supply Goods ordered by the Buyer (or a suitable alternative as aforesaid) it will notify the Buyer and the Seller will refund the Price and Delivery Charges to the Buyer within 30 days of the order unless the Buyer agrees to a longer period. The Seller shall have no further liability to the Buyer.
3.3 When placing an order through the Website, the steps the Buyer needs to take to complete the order process are described in the Buy It Now or Build Your Own pages within the Website (whichever is relevant to the Goods being purchased), which includes the Buyer creating an account and associated log in identity by entering the Buyer’s email address and choosing a password.
4 GOODS DESIGNED USING THE GOODS CONFIGURATOR
4.1 The Seller is under no obligation to accept an order for Goods which have been designed using the Goods Configurator and reserves the right to refuse any order. The Seller is not required to give reasons for its refusal.
4.2 By accepting an order for Goods which are Personalised or otherwise made to the Buyer’s specification the Seller in no way approves or endorses the design.
4.3 By placing an order for Goods using the Goods Configurator the Buyer accepts that the colour of the Goods may differ from the colour reproduced on the Buyer’s computer screen or asprinted out by the Buyer. The Goods received will match the pantone selected by the Buyer during the Goods Configurator design process (to the best of our ability). If the Buyer has any queries in relation to colour then before placing the order the Buyer should contact the Seller by email at email@example.com or by telephone 01723 584091 and request a colour swatch. A sample of the Goods may also be ordered by the Buyer at a price which will be specified by the Seller at the relevant time.
4.5 The Buyer acknowledges and accepts that if it begins the order process using the Goods Configurator but does not complete the order at that time and then later wishes to place an order for such Goods, the Price may have varied from that initially shown by the Goods Configurator. The Price willbe the price shown at the time the Buyer places the order.
4.6 Subject to Clause 4.1 any Goods designed by the Buyer using the Goods Configurator will be produced by the Seller in accordance with the Buyer’s design. The Buyer is responsible for reviewing the design before placing any order, including but not limited to verifying the accuracy of all text, images, photographs, layouts,ring configuration and pocket size and location.
5.1 The Price of the Goods shall be as set out in pounds sterling on the Website. The Price is exclusive of VAT, which is payable by the Buyer in addition. The Price includes Delivery Charges if the Goods are to be delivered within the United Kingdom mainland. Additional Delivery Charges are payable if delivery of the Goods is to take place outside of the United Kingdom mainland. The Buyer is responsible for the disclosure and payment of any import duties or other taxes which apply in the country to which the Goods are delivered.
5.2 The total purchase price, including the Price, VAT and, subject to clause 5.5 of these Terms and Conditions in respect of Goods for delivery outside the UK, Delivery Charges, if any, will be displayed in the Buyer's shopping cart prior to the Buyer confirming the order.
5.3 After the order is received an email with “Order Acknowledgement” in the subject line will be sent by the Seller to the Buyer. This email is sent automatically and does not mean the Seller has accepted the Buyer’s order,regardless of whether the Seller has taken payment. Where the Seller wishes to accept the order it shall confirm by a further email that it has accepted the order, which email shall have “Order Acceptance” in the subject line and shall confirm the details, description and Price for the Goods. Notwithstanding that any payment may have been taken a binding contract is only created when the email headed “Order Acceptance” has been sent by or on behalf of the Seller. In the event that the Seller takes payment but declines to accept the order the Seller shall refund to the Buyer any sums taken in respect of the order.
5.4 The Seller must receive payment of the total purchase price including the Price, VAT and Delivery Charges (including for the avoidance of doubt any extra Delivery Charges payable in respect of Goods to be delivered outside the UK under clause 5.5 of these Terms and Conditions) in full before it will accept the order and dispatch the Goods.
5.5 Where the Goods are to be delivered outside the UK any Delivery Charges over and above those set out on the Website will be calculated separately and the Seller will prior to the Seller’s acceptanceof the Buyer’s order contact the Buyer with details of any such extra Delivery Charge payable by the Buyer.
5.6 Where the Buyer has chosen to pay for the Goods using the Buyer’s account (if any) held with the Seller, the total purchase price for the Goods including any taxes and Delivery Charges shall be charged to that account and shall become payable in accordance with the terms imposed by the Seller in respect of that account.
5.7 Where the Buyer has chosen to pay for the Goods using a credit or debit card, the total purchase price for the Goods including any taxes and Delivery Charges shall be charged to the card the details of which were provided by the Buyer during the order process and payment shall be taken from the account associated with the credit or debit card on dispatch of the Goods.
6. RIGHTS OF SELLER
6.1 The Seller reserves the right to adjust the Price and specification of any item on the Website at its discretion in which event the new Price shall be published on the Website.
6.2 The Seller tries to ensure that all prices on the Website are accurate but mistakes can sometimes occur. If the Seller discovers an error in the Price of the Goods ordered by the Buyer the Seller will contact the Buyer as soon as possible and give the Buyer the option of either reconfirming the order at the correct price or cancelling it. If in these circumstances the Seller is unable to contact the Buyer the Seller will treat the order as being cancelled and will reimburse the Buyer with any money received by the Seller from the Buyer in relation to the cancelled order and the Seller shall be under no other liability to the Buyer.
6.3 The Seller reserves the right to withdraw any goods from the Website at anytime.
6.4 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
7. AGE OF CONSENT
7.1 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.
7.2 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 and without liability to the Buyer or any thirdparty.
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, merchant ability or condition of the Goods, whether implied by statute,common law or otherwise are excluded from the Contract and, in any event, the Buyer hereby confirms that it is satisfied as to the suitability of the Goods for the Buyer's purpose.
9.1 The aim of the Seller is to deliver the Goods to addresses within the United Kingdom within 5 working days (or 10 working days in relation to Goods designed using the Goods Configurator) of the receipt of payment but the Buyer should allow up to 28 working days for delivery.
9.2 Goods for delivery outside the UK will normally be delivered within working 10 days of the receipt of payment but the Buyer should allow 28 working days for delivery.
9.3 The Seller shall use its reasonable endeavours to achieve any date agreed for delivery. In any event time of delivery shall not be of the essence and,except in respect of the Seller’s liability to refund the Price and any Delivery Charges within 30 days or such longer period agreed with the Buyer in accordance with clause 3.2 of these Terms and Conditions where the Goods are unavailable, 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.
9.4 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. The Seller will arrange for the Goods to be delivered to the delivery address specified by the Buyer in its order or such other address agreed between the Buyer and the Seller in writing. If the delivery address is incorrect but the Goods have been delivered to that address the Seller is under no obligation to collect or re-deliver the Goods and is not liable for any associated costs arising in connection with such delivery.
9.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
10. DEFECTIVE GOODS, CANCELLATION AND RETURN
10.1 The Buyer shall inspect the Goods immediately upon receipt and shall inform the courier before signing for the Goods if the packaging appears damaged. The Buyer shall notify the Seller by emailing: firstname.lastname@example.org or telephoning 01723 584091 within 7 working days of delivery if the Goods are damaged or defective or do not otherwise comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.2 Where a claim of defect, damage or non-compliance with the Contract is made it is preferable for the Buyer to provide the Seller with evidence of the same (for example byemailing to the Seller a photograph ofthe Goods). When the Buyer notifies the Seller that the Goods are damaged, non-compliant or defective the Seller will provide the Buyer with an “RMA number” and will arrange for the Goods to be collected from the Buyer. The Buyer shall be entitled to a full refund (including any Delivery Charges) if the Goods are in fact defective or non-compliant with the Contract or the Buyer can prove the Goods were damaged when the Buyer received them. If the returned Goods are not in fact defective, non-compliant with the Contract or were not damaged when the Buyer received them, the Seller reserves the right to charge the Buyer its reasonable costs of collection and re-delivery to the Buyer.
10.3 The Regulations apply to the Contract only where the Buyer is a consumer for the purposes of the Regulations, being a natural person (but not for example a limited company) acting outside his business. If the Buyer is a consumer, the Regulations provide the Buyer with a right to cancel the order for Goods and receive a full refund (including any Delivery Charges) at anytime up to the end of the seventh working day after the day on which the Buyer received the Goods. The Buyer does not need to give the Seller any reason for cancellation. The right to cancel an order should be exercised by informing the Seller within the said period by emailing: email@example.com or telephoning 01723 584091. When the Buyer notifies the Seller that it wishes to cancel its order the Seller will provide the Buyer with an “RMA number”.
10.4 The right of cancellation referred to in clause 10.3 does not apply to:
10.4.1 any purchase made by the Buyer where the Buyer is not a consumer for the purposes of the Regulations; or
10.4.2 Goods made to the Buyer´s specification or which have been Personalised (including but not limited to those specified or Personalised using the Goods Configurator).
10.5 Goods subject to a cancelled order by a Buyer under clause 10.3 must be carefully repackaged and returned by the Buyer at the Buyer's expenseand 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 Seller’s reasonable costs of recovering the Goods from the Buyer.
10.6 Goods to be returned must clearly show the order number and the RMA number obtained from the Seller on the package.
10.7 The Buyer must take reasonable care of the Goods whilst the Goods are in the Buyer’s possession. Where returned Goods are found to be damaged due to the Buyer's failure to take reasonable care of the Goods the Buyer will be liable for the cost of remedying such damage.
11. LIMITATION OF LIABILITY
11.1 Except to the extent 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, in any event, the Seller shall under no circumstances be liable for any indirect, incidental or consequentialloss, loss of profits or damage whatever.
11.2 If Goods delivered are not as ordered or are damaged, defective or of incorrect quantity the Buyer should contact the Seller within 7 working days of delivery. The Seller shall replace the incorrect,damaged or defective Goods or make good the shortfall in quantity or, at Seller’s option, credit to the Buyer the Price, taxes and Delivery Charges relating to those Goods.
11.3 If the Buyer does not receive Goods ordered it should notify the Seller within 7 working days of the date of expected delivery. The Seller shall deliver the Goods ordered or, at the Seller’s option, credit the Price, taxes and Delivery Charges relating to the non-delivered Goods to the Buyer, or if the Seller has not accepted the order and has been unable to contact the Buyer, the Seller will notify the Buyer of the reason for non-acceptance upon request.
11.4 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for:
11.4.1 death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees; or
11.4.2 fraudulent misrepresentation; or
11.4.3 any rights the Buyer may have as a Consumero the extent that such liability and rights may not be excluded or limited under applicable statute or law.
All complaints should be addressed to the Seller by email to firstname.lastname@example.org or by writing to the correspondenceaddress for the Seller which is Customer Services, Duraweld Limited, Salter Road, Scarborough, North Yorkshire, YO11 3UP, United Kingdom
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.
14. 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, civil commotion, riot, act of terrorism, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, or failures of suppliers to supply materials for whatever reason, and the Seller shall be entitled to a reasonable extension of its obligations.
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.
16. CHANGES TO TERMS
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.
17. THIRD PARTY RIGHTS
The Seller may transfer its rights under the Contract but otherwise nothing in these Terms and Conditions shall give any person who is not a party to the Contract any benefit or right to enforce any terms of the Contract.
18. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.