Terms & Conditions
ERF ELECTRICAL WHOLESALERS LIMITED TERMS AND CONDITIONS OF SALE
The terms and conditions (including the definitions) set out in Part 1 below apply to all contracts for the sale of our Goods to you.
The terms and conditions set out in Part 2 apply only to contracts for the sale of Goods entered into by you via our Online Store, but are to be read in addition to those set out in Part 1. Part 2 of these terms and conditions can be accessed from our Online Store.
PART 1: TERMS AND CONDITIONS APPLICABLE TO ALL CONTRACTS
1.1 In these Conditions the following words and expressions shall have the following meanings unless the context otherwise requires:
"Business Customers" means those persons who order Goods in the course of business
"Consumers" means those persons who order Goods and who are not Business Customers
"Contract" means the contract for the sale of Goods by us to you
"Events Outside Our Control" means without limitation a technical failure of the Internet, act of God, explosion, flood, fire, epidemic, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving our employees or those of a third party), inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour
''Goods" means goods which we supply to you pursuant to the Contract
"Guarantee" means the personal guarantee to be given by our Business Customers as set out in condition 9
"Guarantor" means the person who enters into the Guarantee
''Insolvent / Insolvency'' means we may treat you as insolvent if:
(i) you are unable to pay your debts as they fall due; or
(ii) you (or any item of your property) become the subject of:
(a) any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
(b) any application or proposal for any formal insolvency procedure; or
(c) any application, procedure or proposal overseas with similar effect or purpose
"Local Trade Counter" means the branches from which we operate from time to time
"Online Store" means www.wesellelectrical.co.uk
''Order Acknowledgement'' means the written conﬁrmation from us of your order which comprises a description of the Goods, the price paid or payable, the delivery costs (where appropriate) and the estimated delivery time for the Goods ''we", "our", "us'' means ERF Electrical Wholesalers Limited, a company registered in England and Wales with Registration Number 00911692 whose registered ofﬁce is at Salop Street, Daybrook, Nottingham NG5 6HD (VAT Number 116 2206 16) ''you'' means the person or ﬁrm purchasing Goods under these Conditions, whether a Business Customer or a Consumer
1.2 In these Conditions:
1.2.1 references to "conditions" are to the relevant conditions of these Conditions;
1.2.2 headings to these Conditions do not affect their interpretation;
1.2.3 references to statutes or statutory provisions include references to the statutes or statutory provisions as modiﬁed or re-enacted and in force from time to time;
1.2.4 references to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having a separate identity);
1.2.5 use of one gender includes the other genders;
1.2.6 any phrase introduced by the term "include", ''including'', ''in particular'' or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term; and
1.2.7 references to "writing" or "written" include facsimile and e-mail, but not text messages.
2. BASIS OF CONTRACT
2.1 These Conditions shall apply to the sale by us of all Goods purchased by you and shall govern the Contract to the exclusion of any other terms and conditions introduced or submitted by you.
2.2 Each order for Goods shall be deemed to be an offer by you to purchase the Goods subject to these Conditions.
2.3 Consumers have certain statutory rights which are not affected by these Conditions. If you are a Consumer, contact your local Trading Standards ofﬁce for more information.
2.4 The Contract will be made when we issue an Order Acknowledgement and not before.
3.1 Our quotations lapse after 30 days (unless otherwise stated).
3.2 The price quoted excludes VAT and delivery (unless otherwise stated).
3.3 In the event that we discover an error in the price of the Goods ordered by you, we shall notify you as soon as possible and provide you with the option of either reconﬁrming your order at the correct price or cancelling your order. If we are unable to contact you within seven (7) days, your order shall be cancelled and if you have already made payment for the Goods this shall be refunded in full.
3.4 Where the price quoted does not include delivery the price for delivery will be stated separately.
3.5 Unless otherwise stated, the price quoted to Business Customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
3.6 At any time before delivery we may adjust the price quoted to Business Customers to reﬂect any increase in our costs of supplying the Goods.
4.1 Unless we agree otherwise in writing, Goods shall be available for collection from our Local Trade Counters.
4.2 If we are responsible for delivery of the Goods we shall reasonably endeavour to deliver the Goods to the delivery address stipulated in your order or such other address as we may agree in writing.
4.3 All delivery times quoted are estimates only and although we shall reasonably endeavour to deliver the Goods within thirty (30) days of the date of your order, or on the date(s) which we may agree in writing from time to time (the "Anticipated Delivery Date") time of delivery is not of the essence.
4.4 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the Contract however, other than as expressly provided elsewhere in these Conditions; you may only cancel your order under this Condition prior to dispatch of the Goods.
4.5 If you cancel the Contract under condition 11.2, you can have no further claim against us under the Contract.
4.6 If you accept delivery of the Goods after the Anticipated Delivery Date, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the Goods).
4.7 We may deliver the Goods in instalments. Each instalment is treated as a separate Contract. Failure by you to pay for an instalment in accordance with this condition will entitle us without prejudice to our other rights and remedies to suspend further deliveries of goods under any other contract we have with you, pending payment by you.
4.8 We may decline to deliver if:
4.8.1 we believe that it would be unsafe, unlawful or unreasonably difﬁcult to do so; or
4.8.2 the delivery address (or the access to it) is unsuitable for the vehicle by which the Goods are transported.
4.9 In the event that you do not take delivery of the Goods on the Anticipated Delivery Date (otherwise than by reason of our fault) or in the event that you fail to give us adequate instructions for delivery, or provide all documents, licences or authorisations as may be required for delivery to take place then, without prejudice to any other right or remedy available to us whether under the Contract or otherwise:
4.9.1 the Goods shall be deemed to have been delivered and risk in the Goods shall pass to you;
4.9.2 we are entitled to store the Goods until actual delivery and we may charge you for all related costs and expenses (including without limitation storage and insurance);
4.9.3 we are entitled to sell the Goods at the best price readily obtainable and charge you for any shortfall below the price payable under the Contract and the price obtained in the sale; and
4.9.4 you shall be charged for the wasted costs of delivery and any other expenses incurred by us in respect of each attempted delivery where we or our carrier leaves the delivery point and subsequently returns to the delivery point with the Goods.
4.10 You must inspect the Goods on delivery. If any Goods are damaged or not delivered, or there is any shortfall of Goods delivered you must inform us in writing within seven (7) days of delivery or the Anticipated Delivery Date. We shall be entitled to make good any shortage or non-delivery of the Goods. You shall give us (and any carrier) a reasonable time to inspect any damaged Goods.
4.11 Upon delivery you shall sign our delivery note as conclusive evidence that delivery has been made. All persons present at the delivery address shall be deemed to have authority to sign our delivery note.
5. PAYMENT TERMS
5.1 The payment terms in this condition shall apply save to the extent that they are inconsistent with any speciﬁc payment terms agreed in writing between us.
5.2 Time for payment shall be of the essence.
5.3 You are to pay us in cash or in cleared funds on or prior to delivery, unless you have an approved credit account. Payments made in any currency other than sterling will not, unless we otherwise agree in writing, be deemed payment for the Goods.
5.4 If you have an approved credit account, payment is due no later than thirty (30) days from the end of month of the date of our invoice, unless otherwise agreed in writing.
5.5 If you are a Business Customer and you fail to pay us in full on the due date for payment we reserve the right to:
5.5.1 suspend or cancel future deliveries;
5.5.2 cancel any discount offered to you;
5.5.3 charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2013; calculated (on a daily basis) from the due date of our invoice until payment; compounded on the ﬁrst day of each month; and before and after any judgment (unless a court orders otherwise); claim ﬁxed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and recover (under condition 5.9) the cost of taking legal action to make you pay; and
5.5.4 if you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may take any of these actions at anytime and without notice.
5.6 For Business Customers, if you do not pay for any order by the due date for payment, all invoices issued by us to you in respect of any goods sold or supplied to you shall immediately become due for payment.
5.7 You shall only set-off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
5.8 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
5.9 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including ﬁnance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Conditions.
6. RISK AND TITLE
6.1 If you are a Consumer, your statutory rights are unaffected.
6.2 Risk of damage to or loss of the Goods shall pass to you:
6.2.1 when you or your representative collects the Goods from our Local Trade Counters; or
6.2.2 if we have agreed to deliver the Goods, at the time of delivery to the delivery address.
6.3 If you wrongfully fail to take delivery on the Anticipated Delivery Date, risk in the Goods shall pass to you at the time when we tendered delivery of the Goods.
6.4 Notwithstanding delivery and the passing of risk in the Goods, title in the Goods shall not pass to you until we have received payment in accordance with condition 5 and payment in cash or cleared funds for all sums payable by you to us for which payment is then due.
6.5 If you are a Business Customer, until such time as title in the Goods passes to you, you shall hold the Goods as our ﬁduciary agent and bailee, and shall keep the Goods separate from your Goods or those belonging to third parties and properly stored, protected and insured and identiﬁed as our property. You may use the Goods and sell them in the ordinary course of your business unless:
6.5.1 we revoke our permission for you to use the Goods (in writing); or
6.5.2 you become Insolvent.
6.6 Until such time as title in the Goods passes to you, you must inform us in writing immediately if you become Insolvent.
6.7 Until such time as title in the Goods passes to you, if the Goods are destroyed by an insured risk you shall receive the proceeds of any insurance policy as our trustee.
6.8 Until such time as title in the Goods passes to you, we shall be entitled at any time to require you to deliver up the Goods to us and if you fail to do so forthwith to enter any premises where the Goods may be stored and mark and identify and repossess the Goods.
6.9 Despite our retention of title to the Goods, we have the right to take legal proceedings to recover the price of Goods supplied should you not pay us by the due date for payment.
7. WARRANTIES AND LIABILITY
7.1 Subject to the conditions set out below we warrant that the Goods:
7.1.1 comply with the description contained in the Order Acknowledgement; and
7.1.2 are free from material defect at the time of delivery.
7.2 If you are a Business Customer, we give no other warranty and exclude to the fullest extent permitted by law all warranties, terms or conditions that would otherwise be implied by statute or common law. In particular we make no warranty as to the quality of the Goods or their ﬁtness for any particular purpose even if that purpose is stated in your order.
7.3 If you are a consumer, the warranty in condition 7.1 is in addition to your statutory rights.
7.4 We shall not be liable for a breach of the warranty under condition 7.1, unless:
7.4.1 you inform us in writing, with full details of the material defect, as soon as possible after discovery of the defect and in any event within thirty (30) days of delivery; and
7.4.2 you give us a reasonable opportunity to examine the Goods and comply with any request from us to return the Goods to us at your expense for the examination to take place here. The reasonable cost of package and carriage of returned Goods incurred by you will be reimbursed by us if the Goods are found to be defective.
7.5 We shall not be liable for a breach of the warranty under condition 7.1 if:
7.5.1 you make any further use of the Goods after giving us notice under condition 7.4.1; or
7.5.2 the defect arises because you have failed to follow our, or the manufacturer's instructions (whether oral or in writing) as to the proper use and maintenance of the Goods; or
7.5.3 you alter or repair the Goods without our consent.
7.6 If we decide that you have a valid claim under condition 7.1 we will (at our discretion) repair or replace the Goods or refund the price.
7.7 We are not liable for any loss of proﬁts, loss of business, loss of goodwill, loss of anticipated savings, loss of use or any type of indirect, special or consequential loss or damage howsoever arising under the Contract.
7.8 Our total liability to you in respect of each incident or a series of connected incidents of physical damage to or loss of your tangible property to the extent that it is caused by our wilful default or negligence (or that of our employee's, agents or contractors) is limited to five (5) million pounds.
7.9 For all other direct loss (whether in contract, tort or otherwise) our liability is limited in damages to the price of the Goods.
7.10 Nothing in these Conditions restricts or limits our liability for:
7.10.1 death or personal injury resulting from our negligence; or
7.10.2 fraudulent misrepresentation.
8. LIMITATION OF LIABILITY
8.1 Subject to 8.2 below, if you are a consumer we shall not be liable to you for any loss or damage in circumstances where:
8.1.1 there is no breach of a legal duty owed to you by us or by its employees or agents;
8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of us for death or personal injury caused by our negligence or fraudulent misrepresentation.
8.3 If you are a business customer we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
8.3.1 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
8.3.2 any indirect or consequential losses, liabilities or costs.
8.4 If you are a business customer then the aggregate liability of us (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.
9.1 If we prepare the Goods in accordance with your speciﬁcations or instructions you must ensure that:
9.1.1 the speciﬁcations or instructions are accurate;
9.1.2 goods prepared in accordance with those speciﬁcations or instructions will be ﬁt for the purpose for which you intend to use them; and
9.1.3 your speciﬁcations or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
9.2 We reserve the right to:
9.2.1 make any changes in the speciﬁcations of the Goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and
9.2.2 make without notice any minor modiﬁcations in our speciﬁcations we consider necessary or desirable.
10. PERSONAL GUARANTEE TO BE GIVEN BY BUSINESS CUSTOMERS
The signatory hereby warrants to us that he is duly authorised on behalf of the Business Customer to sign the order form and hereby conﬁrms that if the Business Customer shall make any defaults whatsoever in the payment of the sums due to us under the terms hereof then the signatory will personally pay and make good to us all losses, damages and costs, including costs incurred in the enforcement of the debt and expenses sustained by us through the default of the Business Customer provided that not withstanding any of our forbearance to enforce against the Business Customer in respect of the amounts due to us, the signatory shall not thereby be discharged from liability under this condition, nor shall such liability be in any way lessened or effected thereby.
11.1 You may not cancel your order unless we agree in writing.
11.2 If we agree in writing to allow you to cancel your order you must:
11.2.1 pay us for all stock (ﬁnished or unﬁnished) that we may hold (or to which we are committed) in respect of your order; and
11.2.2 return any Goods which have been delivered to you under the Contract to (business premises/registered ofﬁce) without delay and in any event within seven (7) days of our written agreement to the cancellation.
11.3 We will accept the return of the Goods from you only:
11.3.1 by prior arrangement (conﬁrming in writing);
11.3.2 on payment of an agreed handling charge (unless the Goods are subject to a valid warranty claim under condition 7.1); and
11.3.3 where the Goods are as ﬁt for sale on their return as they were on delivery.
11.4 We may suspend or cancel the order, by written notice if:
11.4.1 you fail to pay us any money when due (under the Contract or otherwise);
11.4.2 you become Insolvent;
11.4.3 you fail to honour your obligations under these Conditions.
12. WAIVER AND VARIATIONS
12.1 Any waiver or variation of these Conditions is binding in honour only unless:
12.1.1 made (or recorded) in writing;
12.1.2 signed on behalf of each party; and
12.1.3 expressly stating an intention to vary these Conditions.
12.2 All orders that you place with us will be on these Conditions as amended from time to time in accordance with condition 12. By placing an order with us, you are expressly waiving any terms you may have to the extent that they are inconsistent with these Conditions.
13. OUR RIGHT TO VARY THESE CONDITIONS
13.1 We may revise these Conditions from time to time.
13.2 Every time you order Goods from us, the Conditions in force at that time will apply to the Contract between you and us.
14. EVENTS OUTSIDE OUR CONTROL - BUSINESS CUSTOMERS
14.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of Events Outside Our Control, we may cancel or suspend any of our obligations to you, without liability.
15.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter will be governed and construed in accordance with the law of England and Wales. The English and Welsh courts have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.
15.2 If you are more than one person, each of you has joint and several obligations under these Conditions.
15.3 You are not our agent. You have no authority to make any contract on our behalf or in our name and nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture.
15.4 If any of these Conditions are unenforceable as drafted:
15.4.1 it will not affect the enforceability of any other of these Conditions; and
15.4.2 if it would be enforceable if amended, it will be treated as so amended.
15.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of the Contract between us and you should not rely on them in entering into the Contract with us.
15.6 You may serve a notice under these Conditions by leaving it at or delivering it (by ﬁrst class post or fax or email) to our registered ofﬁce or principal place of business. We may serve a notice on you by delivering it (by ﬁrst class post or fax or email) to the address you provided at the time of your order or any other address which you may conﬁrm in writing.
15.7 All such notices under these Conditions must be signed and shall be deemed served:
15.7.1 if sent by ﬁrst class post on the next day provided that this falls on a day between Monday and Friday ("Working Day") where the recipient's address is in Great Britain, or seven (7) Working Days following posting where the recipient's address is outside of Great Britain; or
15.7.2 if delivered personally at the time of personal delivery, provided that this occurs on a Working Day; or
15.8 if sent by fax or email, it will be at the time of transmission provided that the transmission occurs on a Working Day and a conﬁrmatory copy of the fax/email is sent by ﬁrst class post within twenty-four (24) hours of transmission of the fax/email.
15.9 A person who is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
15.10 The only statements upon which you may rely in making the Contract with us, are those made in writing by someone who is our authorised representative and either:
15.10.1 contained in our estimate (or any covering letter) and not withdrawn before the Contract is made; or
15.10.2 which expressly state that you may rely on them when entering into the Contract.
15.11 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all and any of our rights or obligations under the Contract. You shall not, without our written consent, assign, transfer, sub-contract or deal in any manner with all or any part of your rights or obligations under the Contract.
15.12 If we fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and agreement by us to refrain from exercising a right in one particular instance will not prevent us from exercising it in full in the future.
15.13 All rights and remedies available to either party under the terms of the Contract or under the general law are to be cumulative, and no exercise by either party of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to that party.
PART 2: TERMS AND CONDITIONS OF OUR ONLINE STORE
Part 2 of these Conditions apply to orders for Goods sold via our Online Store. They are to be read together with Part 1 of these Conditions (which may be subject to change from time to time). In the event of a conflict between Part 1 and Part 2 of these Conditions, the terms of this Part 2 shall prevail over Part 1 when buying Goods from our Online Store. When purchasing Goods other than through our Online Store, in the event of a conflict between Part 1 and Part 2, Part 1 shall prevail.
We own and operate our Online Store. To contact us please see our https://www.wesellelectrical.co.uk/contacts.
Please note that your use of the Online Store will be governed by our Acceptable Use Policy and your Privacy is also very important to us. Please read our policies at: https://www.wesellelectrical.co.uk/privacy-policy.
1. ACCEPTANCE OF OUR CONDITIONS
1.1 Please read these Conditions carefully and make sure that you understand them, before ordering any Goods from our Online Store. Please note that before placing an order you will be asked to agree to these Conditions.
1.2 Please tick the tick box to "Accept" these Conditions if you accept them. If you refuse to accept these Conditions, you will not be able to order any Goods from our Online Store.
1.3 You should print a copy of these Conditions or save them to your computer for future reference.
1.4 Every time you wish to order Goods, please check these Conditions to ensure you understand the Conditions which will apply at that time.
2. PLACING AN ORDER
2.1 For advice on how to shop online, please contact our Customer Service Department by email: email@example.com.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.3 After you place an order, you will receive by e-mail from us, acknowledging that we have received your order (an "Order Receipt"). However, please note that this does not mean that your order has been accepted.
2.4 The Order shall only be accepted by us and a Contract come into existence between us when we send an email to you that confirms that the Goods have been dispatched (the "Dispatch Email").
2.5 All Goods shown on our Online Store are subject to availability. If we are unable to supply you with the Goods, for example because the Goods are not in stock or no longer available or because of an error in the price on our Online Store as referred to in condition 5.2, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
2.6 The images of the Goods on our Online Store are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
2.7 The packaging of the Goods may vary from that shown on images on our Online Store.
3. CONSUMER'S RIGHT OF RETURN AND REFUND
3.1 This condition 3 only applies if you are a Consumer.
3.2 If you are a Consumer, you have a legal right to cancel a Contract during the period set out below in condition 3.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
3.3 Your legal right to cancel a Contract starts from the date of the Dispatch Email, which is when the Contract between us is formed. If the Goods have already been delivered to you, you have a period of fourteen (14) working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
3.4 Details of how to exercise a return or your legal right to cancel will be shown on the invoice dispatched with the Goods.
3.5 To cancel a Contract, please e-mail: firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. When you send us your cancellation notice by e-mail, your cancellation is effective from the date you sent it to us. Within a reasonable time following receipt by us of your cancellation notice, we will confirm details to you for how the Goods are to be returned to us.
3.6 You will receive a full refund of the price you paid for the Goods and any agreed delivery charges you paid, directly back to the credit, debit card or PayPal account used for payment. We will process the refund due to you as soon as possible and, in any case, within thirty (30) calendar days of the day on which you gave us notice of cancellation as described in condition 3.5.
3.7 If you have returned the Goods to us under this condition 3 because they are faulty or mis-described, we will refund the price of the defective Goods in full and any reasonable delivery charges to return the goods to us.
3.8 If the Goods were delivered to you:
3.8.1 you must return the Goods to us within (7) working days from receipt;
3.8.2 unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us;
3.8.3 you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
3.9 As a Consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this condition 3 or these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
4. DELIVERY & RISK
4.1 We shall deliver the Goods to the delivery address (in the United Kingdom only) as stipulated on your order, unless we have agreed to make the Goods available for collection from a Local Trade Counter.
4.2 You may place an order for Goods from outside the United Kingdom, but this order must be for delivery to an address in the United Kingdom.
4.3 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
4.4 Delivery will be completed when we deliver the Goods to the address you gave us or if we agree to permit you to collect the Goods from a Local Trade Counter then delivery will be deemed to take place when we send you a confirmation e-mail notifying you that the Goods are ready for collection and unless otherwise agreed in writing you will collect the Goods within seven (7) Working Days after the date we sent you such an e-mail.
4.5 If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery.
4.6 The Goods will be your responsibility from the completion of delivery.
4.7 You own the Goods once we have received payment in full, including all applicable delivery charges.
5. PRICE OF PRODUCTS AND DELIVERY CHARGES
5.1 The prices of the Goods will be as quoted on our Online Store from time to time. The prices quoted on our Online Store include VAT but exclude delivery (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
5.2 Our delivery charges are as quoted on our Online Store from time to time. Delivery charges are as quoted within your shopping cart at the point of placing an order through our Online Store.
5.3 Our Online Store contains a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our Online Store may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will inform you by e-mail to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
5.4 The prices quoted on our Online Store are unique to the Online Store and may be more or less than the prices quoted for the same goods in our Local Trade Counter. We shall not be under any obligation to sell Goods at our Local Trade Counters at the same price as that quoted on our Online Store or vice versa.
6.1 Payment by any UK credit card or debit card is subject to authorisation by the credit card issuer when you place your order. If such authorisation is refused to us, we will not be liable for any delay or non-delivery of the Goods and the Contract will be deemed to be cancelled.
6.2 If payment is made by UK credit card or debit card, the card will be debited when you receive the Order Receipt.
7.1 If you have any queries regarding these Conditions, you can contact us by email at email@example.com or in writing to our registered office address as stated above.