| Please read these terms and conditions of
sale carefully before placing an order.
By placing an order and purchasing goods from www.logsplitter.biz
you enter into a legally binding agreement with us on the
following Conditions. Using our website indicates that you
accept the terms and conditions. If you do not agree to these
then, do not use our website.
Subject to the provisions of Clause 4.2 below, the price
of the Goods the delivery charges and Value Added Tax where
applicable is set out on the Order Form. Whilst every effort
is made to deliver the Goods in accordance with the time-scales
set out for delivery in the relevant pages, we do not accept
any liability for late delivery of the Goods and your attention
is drawn to the provisions of Clause 6 below.
In accordance with the provisions of the Consumer Protection
(Conclusion of a Contract at a Distance) Regulations 2000,
you have the right to withdraw from this transaction. Details
of your right to withdraw will be sent to you with the Goods
when they are delivered and can be found in Clause 9 below.
We reserve the right, at our discretion, to change, modify,
add, or remove portions of these Conditions at any time. Please
check these Conditions periodically for changes.
These conditions describe the basis for purchase by you and
sale by us of the products described on this web site.
1. Interpretation
1.1 In these conditions:
'Conditions' means the standard Terms and Conditions of sale
set out in this document.
'Contract' means the contract for sale of the Goods;
'Payment Card' means the credit or debit card or other payment
system chosen by you to be used as the method of payment for
the Goods of which you have provided details to us when placing
the order;
'Delivery Area' means Mainland UK (England, Wales, Isle of
Wight and the Scottish mainland)
'Goods' which you have ordered including any instalment of
the goods or any parts for them which are available for purchase
from our Web Site in accordance with the Conditions;
'Information System' means a system for generatng, sending,
receiving, storing or otherwise processing electronic communications'
'Order' means any order placed by you with us for the supply
of Goods;
'Order Form' means the electronic order form completed and
submitted electronically by you;
'Regulations' means the Consumer Protection (Distance Selling)
Regulations 2000;
'Web Site' means our presence on the world wide web, currently
accessible via the address www.logsplitter.biz;
1.2 Reference to any statute or statutory
prvisions shall be deemed to include any statutory modifications
or re-enactments thereof or any rules or regulations made
there under or any enactment repealing and replacing the act
referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall
include the plural and vice versa;
1.3.2 words importing the masculine gender
shall include the feminine gender and vice versa;
1.3.3 references to persons shall include
bodies of persons whether corporate or incorporate;
1.4 Unless the context otherwise requires
references to clauses shall be construde as references to
clauses of these Conditions.
1.5 Headings are inserted for convenience
only and shall not affect the construction or interpretations
of these Conditions.
2.0 Basis of the sale
2.1 We shall sell to you and you shall purchase
only those Goods which you have set out in an Order and which
has been accepted by us. We reserve the right to reject any
Order. Each such sale of Goods will be subject to these Conditions,
which shall govern the Contract to the exclusion of any other
terms and conditions subject to which any Order is made or
purported to be made by you.
2.2 No Order submitted by you shall be deemed
to be accepted by us unless and until confirmed by e-mail
or in writing by us.
2.3 No variation to these Conditions shall
be binding upon us unless and until agreed by e-mail or in
writing by us.
2.4 Any advice or recommendation given on
the web site or otherwise given by us or any of our employees
or agents to you as to storage, application or use of the
Goods is followed or acted upon entirely at your own risk,
and accordingly we shall not be liable for any such advice
or recommendation.
2.5 Any typographical, clerical or other
error or omission on any page of this web site or in any sales
literature, quotation, price list, acceptance of offer, invoice
or other document or information issued by us shall be subject
to correction without any liability on our part.
3.0 Orders
3.1 The quantity, quality and description
of the Goods will be those set out in your Order (if accepted
by us).
3.2 Orders are accepted at our sole discretion
but are normally accepted if the Goods are available, the
order reflects current pricing, you are based in the Delivery
Area and your credit or account card is authorised for the
transaction.
3.3 Natural Driftwood Sculptures are entitled
to withdraw from any contract in the case of obvious errors
or inaccuracies regarding the Goods appearing on our web site.
3.4 You shall be responsible for ensuring
the accuracy of the terms of any Order submitted by you, and
for giving us any necessary information relating to the Goods
within a sufficient time to enable us to perform the Contract
in accordance with its terms.
3.5 The quantity, quality and description
of and any specification for the Goods shall be those set
out in the relevant pages of this site.
3.6 We reserve the right to make any changes
in the specification of the Goods which are required to conform
with any applicable statutory or EC requirements.
4.0 Price of goods
4.1 The price of Goods shall be the price
set out on the relevant page of this site. We reserve the
right to change the prices set out on this site provided that
if we accept an order from you the price for the goods will
be the price set out in the relevant range at the time the
order is placed.
4.2 If the price of the Goods increases between
the date we accept your Order and the delivery date, we will
let you know and ask you to confirm (by e-mail/in writing)
that the new price is acceptable. If it is not acceptable
the you will, of course, have the option of cancelling the
order.
4.3 In addition to the price of the Goods
you will be liable to pay our charges for transport, packaging
and insurance as shown on the Order Form.
4.4 The total price is inclusive of any applicable
value added tax.
5.0 Terms of payment
5.1 Upon providing us with details of the
Payment Card and submitting the Order you:
5.1.1 Confirm and undertake that the information
contained within the Order is true and accurate and that you
are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment
Card account the full price of the Goods and all other payments
which may become due to us under the Contract.
5.2 The deduction of monies from your Payment
Card does not mean that we have accepted your order nor does
it mean that a contract has been formed between us. In the
event that we reject your order we will credit your Payment
Card with the amount deducted.
5.3 If it is not possible to obtain full
payment for the Goods from your account on delivery of the
Goods to you, we can cancel the Order or suspend any further
deliveries to you. This does not affect any other rights you
may have.
5.4 Where Goods are returned by you in accordance
with your rights under the provisions of Clause 9, we shall
credit the Payment Card with the appropriate amount.
5.5 We will take all reasonable care to keep
all information connected with your order secure but we cannot
be held liable for any loss that you may suffer if a third
party obtains unauthorised access to any data, including credit
and accounts details you provide when accessing or ordering
from this Web Site, unless this is solely due to our negligence.
6.1 Delivery
6.1 Delivery of the Goods shall be made by
us or our carrier to the address for delivery shown in the
Order Form. It is important that this address is accurate.
Please be precise about where you would like the Goods left
if you are out when we deliver. We cannot accept any liability
for any loss or damage to the Goods once they have been delivered
in accordance with your delivery instructions.
6.2 Whilst every effort will be made to ensure
that any Goods ordered are delivered within the period specified
for delivery of such goods on the relevant page and subject
to our obligations under the Regulations, any dates quoted
for delivery of the Goods are approximate only and we 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. The Goods may be delivered by us in advance of the
estimated delivery date. If delivery is delayed due to any
cause beyond reasonable control, the delivery date will be
extended by a reasonable period and we will contact you to
arrange an alternative time.
6.3 The Goods may at our discretion be delivered
in instalments. Each delivery shall constitute a separate
contract and failure by us to deliver any one or more of the
instalments in accordance with these Conditions or any claim
by you in respect of any one or more instalments shall not
entitle you to treat the Contract as a whole as repudiated.
6.4 If we fail to deliver the Goods (or any instalment)
for any reason other than any cause beyond our reasonable
control or your fault, and we are accordingly liable to you,
our liability shall be limited to the price of the Goods.
6.5 If you fail to take delivery of the Goods
or fail to give us adequate delivery instructions then, without
prejudice to any other right or remedy available to us, we
may cancel the Contract and refund to your the price of the
goods less the cost of their delivery and the cost of their
being returned to us.
7.0 Risk and property
7.1 Risk of damage to or loss of the Goods
shall pass to you at the time of delivery or, if you wrongfully
fail to take delivery of the Goods, at the time when we or
our carrier has tendered delivery of the Goods.
7.2 Subject to the provisions of Clause 9
and notwithstanding delivery and the passing of risk in the
Goods, or any other provision of these Conditions, the property
in the Goods shall not pass to you until we have received
in cash or cleared funds payment in full of the price of the
Goods. [Goods supplied to you are not for resale.]
8.0 Warranties and liability
8.1 Your statutory rights are not affected
by these Conditions.
8.2 Any claim by you which is based on any
defect int he quality or condition of the Goods or their failure
to correspond with specification shall (whether or not delivery
is refused by you) be notified to the Company within 7 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 or failure. If delivery
is not refused, and you do not notify us accordingly, you
shall not be entitled to reject the Goods and we shall have
no liability for such defect or failure, and you shall be
bound to pay the price as if the Goods had been delivered
in accordance with the Contract.
8.3 Where any valid claim in respect of any
of the Goods which is based on any defect in the quanlity
or condition of the Goods is notified to us in accordance
with these Conditions, we shall be entitled to replace the
Goods (or the part in question) free of charge or, at our
sole discretion, refund to you the price of the Goods (or
a proportionate part of the price), but we shall have no further
liability to you.
8.4 Except in respect of death or persanal
injury caused by our negligence, we shall not be liable to
you by reason of any representation (unless fraudulent), or
any implied warranty, condition or other term, or any duty
at common law, or under the express terms of the contract,
for any loss of revenue or profits; loss of anticipated savings;
loss of goodwill or unjury to reputation; loss of business
opportunity, losses suffered by third parties; or any other
indirect, consequential or special loss or damage regardless
of the form of action, whether in contract, strict liability
or tort (including negligence), which arise out of or in connection
with the supply of the goods or their use or resale by you,
and our entire liability under or in connection with the contract
shall not exceed the price of the goods, except as expressly
provided in these conditions.
8.5 Subject to our obligations and your rights
under the regulations, we shall not be liable to you or be
deemed to be in breach of the contract by reason of any delay
in performing, or any failure to perform, any of our obligations
in relation to the goods, if the delay or failure was due
to any cause beyond our reasonable control.
8.6 We assume no responsibility for the contents
of any other web sites to which this Web Site has links.
8.7 If you order the wrong product, which
is subsequently delivered to you, we will replace it but you
will be liable for the cost of returning the original product
to us (either by our courier or your own). You will be charged
an additional delivery charge of £13.50 (as of Jan 2010)
for delivery of the replacement product. Please check your
order carefully before placing it with us!
9.0 Right of withdrawal
9.1 Subject to the provisions of Clause 9.3,
you shall have a period of 7 days after the date on which
you have received the Goods to withdraw from the Contract
and to return the Goods to us. Subject to the provisions of
Clause 9.4, you shall be responsible for payment of the direct
costs in returning the Goods to us and we shall be entitled
to deduct from any refund of the price for the Goods an amount
equal to such delivery costs as are paid by us on your behalf.
9.2 The right to withdraw from the Contract
does not affect any of your statutory rights.
9.3 The right to withdraw from the Contract
does not apply in respect of any audio or video recordings
or computer software which have been opened by the Customer.
9.4 In the event that we supply substituted
Goods to you in accordance with the provisions of Clause 2,
your right of withdrawal is as set out as above except that
the cost of returning the Goods shall be borne by us.
10. Communications
10.1 Any communication sent electronically
by e-mail or otherwise:
10.1.1 will be deemed to have been sent once
it enters an Information System outside the control of the
originator of the message;
10.1.2 will be deemed to have be received
by the intended recipient at the time that in a readable form
it enters an Information System which is capable of access
by the intended recipient;
10.1.3 will be deemed to have been dispatched
in the case of a business at its principal place of business
and in the case of an individual where he or she originally
resides;
10.1.4 will be deemed to have been received
in the case of a business at its principal place of business
and in the case of an individual where he or she ordinarily
resides.
11.0 General
11.1 Any communication sent by post will
be deemed received by the intended recipient three days following
mailing where sent first class post or five days after mailing
where sent by second class post.
11.2 No waiver by us or any Breach of Contract
by you shall be considered as a waiver of any subsequent breach
of the same or any other provision.
11.3 No term of the Contract is intended
to confer a benefit on, or be enforceable by, any person who
is not a party to the Agreement (whether under the Contracts
(Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions
is held by a court or competent authority to be invalid, unlawful
or unenforceable in any jurisdiction in whole or in part,
it will not affect the validity or enforceability of the other
provisions of these Conditions and the remainder of the provision
in question shall not be affected nor will it affect the validity,
lawfulness or enforceability of that provision in any other
jurisdiction.
11.5 The Contract shall be governed by the
laws of England and Wales, and you agree to submit to the
exclusive jurisdiction of the English Courts.
11.6 The headings in these Conditions are
for convenience only and will not affect their interpretation. |
