TERMS AND CONDITIONS
Please read all these terms and conditions.As we can accept your order and make a legally enforceable agreement without further reference toyou, you must read these terms and conditions to make sure that they contain all that you want andnothing that you are not happy with. If you are not sure about anything, just phone us on 0333 5773389.
1. These Terms and Conditions will apply to the purchase of the goods by you (the or Customer) Dean Horn trading as Gadget Club of 65 The Cutting, Brockholes, Holmfirth, WestyouYorkshire, HD97HL with email address firstname.lastname@example.org; telephone number 0333 5773389 ; fax number 0333 577 3389 (the or or ).Supplieruswe
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, youagree to be bound by these Terms and Conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his orher trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchaseof the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to besupplied, as set out in the Order;
6. Goods means any goods that we supply to you, of the number and description as set out in theOrder;
7. Order means the Customer’s order for the Goods from the Supplier as set out in theCustomer’s order or in the Customer’s written acceptance of the Supplier’s quotation.
8. The description of the Goods is as set out in our website, catalogues, brochures or other formof advertisement. Any description is for illustrative purposes only and there may be smalldiscrepancies in colour or size.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure thatany information you provide is accurate.
Basis of Sale
10. The description of the Goods in our website, catalogues, brochures or other form ofadvertisement does not constitute a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell youthe reason without delay.
12. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to
a. b. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email tothe Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery ofthe Goods to the Customer.
13. Any quotation is valid for a maximum period of 1 day from its date, unless we expresslywithdraw it at an earlier time.
14. No variation of the Contract, whether about description of the Goods, price or otherwise, canbe made after it has been entered into unless the variation is agreed by the Customer and theSupplier in writing.
15. We intend that these Terms and Conditions apply only to a Contract entered into by you as aConsumer where we, the Supplier and you the Customer, enter the Contract at any of theSupplier’s business premises, and where the Contract is not a contract (i) for which an offerwas made by the Customer in the Supplier’s and the Customer’s simultaneous physicalpresence away from those premises, or (ii) made immediately after the Customer waspersonally and individually addressed in the Supplier’s and the Customer’s simultaneousphysical presence away from those premises. If this is not the case, you must tell us, so that wecan provide you with a different contract with terms which are more appropriate to you andwhich might, in some way, be better for you, eg by giving cancellation rights pursuant toconsumer protection law. Business premises means immovable retail premises where we carryon business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
16. The price of the Goods and any additional delivery or other charges for the Goods, and thetotal price of them and the charges, is that set out in our price list current at the date weaccepted the Order or such other price as we may agree in writing.
17. Prices and charges include VAT at the rate applicable at the time of the Order.
18. Payment for Goods must be made at least 1 day in advance of delivery. You must pay in cashor by submitting your credit or debit card details with your Order and we can take paymentimmediately or otherwise before delivery of the Goods.
19. We will deliver the Goods to the Delivery Location by the time or within the period agreed, orfailing any agreement, without undue delay and, in any event, not more than 30 days after theday on which the Contract is entered into.
20. In any case, regardless of events beyond our control, if we do not deliver the Goods on time,you can (in addition to any other remedies) treat the Contract at an end if:we have refused to deliver the Goods, or if delivery on time is essential taking intoaccount all the relevant circumstances at the time the Contract was made, or if you told usbefore the Contract was made that delivery on time was essential; orafter we have failed to deliver on time, you have specified a later period which isappropriate to the circumstances and we have not delivered within that period.
21. If you treat the Contract at an end, we will (in addition to other remedies) promptly return allpayments made under the Contract.
22. If you were entitled to treat the Contract at an end, but do not do so, you are not preventedfrom cancelling the Order for any Goods or rejecting Goods that have been delivered and, ifyou do this, we will (in addition to other remedies) without delay return all payments madeunder the Contract for any such cancelled or rejected Goods. If the Goods have beendelivered, you must return them or allow us to collect them from you and we will pay the costsof this.
23. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would a. b. c. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit wouldmaterially impair the value of the goods or the character of the unit) you cannot cancel orreject the Order for some of those Goods without also cancelling or rejecting the Order for therest of them.
24. We do not generally deliver to addresses outside England and Wales, Scotland, NorthernIreland, the Isle of Man and Channels Islands. If, however, we accept an Order for deliveryoutside that area, you may need to pay import duties or other taxes, as we will not pay them.
25. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or othergenuine and fair reason, subject to the above provisions and provided you are not liable forextra charges.
26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at theDelivery Location, we may charge the reasonable costs of storing and redelivering them.
27. The Goods will become your responsibility from the completion of delivery or Customercollection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
28. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
29. You do not own the Goods until we have received payment in full. If full payment is overdueor a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery andend any right to use the Goods still owned by you, in which case you must return them orallow us to collect them.
Withdrawal and cancellation
30. You can withdraw the Order by telling us before the Contract is made, if you simply wish tochange your mind and without giving us a reason, and without incurring any liability.
31. You can cancel the Contract except for any Goods which are made to your specialrequirements by telling us no later than 3 days after the Contract was made, if you simply wishto change your mind and without giving us a reason, and without liability, except in that case,you must return to any of our business premises the Goods in undamaged condition at yourexpense. Then we will without delay refund to you the price for those Goods, but we canretain any separate delivery charge. This does not affect your rights when the reason for thecancellation is any defective Goods.
Conformity and Guarantee
32. We have a legal duty to supply the Goods in conformity with the Contract, and will not haveconformed if it does not meet the following obligation.
33. Upon delivery, the Goods will:be of satisfactory qualitybe reasonably fit for any particular purpose for which you buy the Goods which, beforethe Contract is made, you made known to us (unless you do not actually rely, or it isunreasonable for you to rely, on our skill and judgment) and be fit for any purpose heldout by us or set out in the Contract; andconform to their description.
34. It is not a failure to conform if the failure has its origin in your materials.
35. We will immediately, or within a reasonable time, give you the benefit of the free guaranteegiven by the manufacturer of the Goods. Details of the guarantee, including the name andaddress of the manufacturer, the duration and territorial scope of the guarantee, are set out in
a. b. the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at thetime the Goods are delivered, and will not reduce your legal rights.
36. We will provide the following after-sales service: Gadget Club will assume responsibility forany issues after sale. We will operate on behalf of the customer and work within the guidelinesand guarantees of the chosen supplier, which will be communicated fully to the customer at the time of purchase
Circumstances beyond the control of either party
37. In the event of any failure by a party because of something beyond its reasonable control:the party will advise the other party as soon as reasonably practicable; andthe party’s obligations will be suspended so far as is reasonable, provided that that partywill act reasonably, and the party will not be liable for any failure which it could notreasonably avoid, but this will not affect the Customer’s above rights relating to deliveryand the right to cancel below.
38. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for deathor personal injury caused by negligence or breach of the Supplier’s other legal obligations.Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable toboth parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to theCustomer’s business, trade, craft or profession which would not be suffered by a Consumerbecause the Supplier believes the Customer is not buying the Goods wholly or mainly for itsbusiness, trade, craft or profession).
Governing law, jurisdiction and complaints
39. The Contract (including any non-contractual matters) is governed by the law of England andWales.40. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where theCustomer lives in Scotland or Northern Ireland, in the courts of respectively Scotland orNorthern Ireland.41. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurscustomers should contact us directly on 0333 577 3389 or email email@example.com. We will aim to respond with an appropriate solution at the earliest opportunity