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1. Introduction
1.1 These terms and conditions apply to the sale by the seller of the goods referred to in this advertisement.
2. Description
2.1 Any description (including drawings and photographs) provided is by way of identification only and does not constitute a sale by description. Such description does not form part of the contract.
3. Payment and price
3.1 The price for the goods you order is as stated in the advertisement at the time you send us your order. Any applicable VAT is included unless we say otherwise.
3.2 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
3.3 Delivery costs are charged extra at the rate shown when you place your order. These will depend on the delivery method chosen. The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
4. Your order
4.1 Your order is an offer to buy from us. Please check your order very carefully to ensure it is correct. Your order is deemed to be cancelled if you do not make payment within 7 days.
5. Acceptance / unavailability
5.1 There will be no binding contract of any kind between you and us unless and until we actually despatch the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
6. Delivery
6.1 We will only arrange for delivery once we have received full payment in cleared funds. Delivery will be to the address which you specify when ordering.
6.2 By placing an order, you authorise us to accept signature from another person on your behalf if you are not there at the time of delivery. An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
6.3 We are not liable for any loss arising from delay in delivery.
6.4 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
6.5 Any liability for non-delivery is limited to us refunding the purchase price in full.
6.6 You must inspect all goods immediately on receipt. You must notify us in writing of any damage to the goods within 7 days of delivery. If you fail to do so, we are not liable in respect of such damage.
7. Liability
7.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
7.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
7.3 To the extent allowed by law, you and we exclude all terms (including those as to quality or fitness for purpose of goods), whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
7.4 Our liability of any kind (including our own negligence) with respect to the goods is limited to price paid for the goods.
7.5 In no event (including our own negligence) will we be liable for any economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings), or loss of goodwill or reputation or for special, indirect or consequential losses (even if we have been advised of the possibility of such losses).
7.6 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the goods.
8. "Act of God"
8.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
9. English law
9.1 These T&Cs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
10. General
10.1 Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
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