STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS and USAGE OF WEBSITE
DEFINITIONS: The following words have the following meanings in this document:
- “Seller” means Code-Busters of Swansea.
- “Buyer” means the person who buys Goods or Services from the Seller.
- “Goods” means the items that the Buyer agrees to buy from the Seller.
- “Services” means any service provided by the Seller that the Buyer agrees to pay for.
- “List Price” means the list of prices of the Goods or Services maintained by the Seller as amended from time to time and published on the Sellers website at point-of-sale.
- “Terms and Conditions” means the terms and conditions of sale as set out in this document and any additional special terms and conditions agreed in writing by the Seller.
- “Website” means the webspace occupied by Code-Busters.
- These Terms and Conditions shall apply to all contracts for the sale of Goods & Services by the Seller to the Buyer.
- All orders for Goods can only be delivered to a United Kingdom Address.
- All orders for Goods & Services shall be taken as an offer by the Buyer to purchase Goods or Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
- Any alteration of these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
- Acceptance of delivery of the Goods shall be taken as evidence of the Buyer’s acceptance of these Terms and Conditions.
- The Seller reserves the right not to accept an order for any reason.
- Nothing in these Terms and Conditions affects the statutory rights of the Buyer under the Consumer Rights Act.
- Images of Goods & Services are for illustrative purposes only and may differ from the actual product you receive, unless stated otherwise.
- All Website, design, text and graphics unless stated otherwise belong to us. All copyright, trade marks and other intellectual property belong to us with the exception of manufacturers trade marks and some scripts in the source code where indicated.
- You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our or the copyright owners express permission.
- No content from the Website may be posted on any forum without our express permission.
PRICE AND PAYMENT
- The price of the Goods & Services shall be that specified in the Seller’s current List Price at the date of order or as agreed between the parties.
- If a mistake is made in a List Price and the Buyer has placed an order, the Seller reserves the right to notify the Buyer of the correct price prior to despatch and give the Buyer the option to cancel the order.
- The List Price shown, unless otherwise stated, excludes any delivery charges. These are shown separately.
- Payment of the total purchase price (including any delivery charges) must be made in full before dispatch of the Goods.
- Goods shall be delivered to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
- All Goods, wherever possible, will be delivered within 14 days of the order being placed and the Buyer shall make the necessary arrangements to take delivery of the Goods within that time.
- The Seller will make every reasonable effort to meet any date stated for delivery.
- Time of delivery shall not be of the essence and the Seller shall not be held 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.
- Some Goods may not be in stock at the time of placing the order. If the Seller is unable to deliver the Goods within 14 days of the order being placed then the Seller will contact the Buyer to advise of the situation. The Buyer shall be entitled to cancel the order and receive a full refund or agree delivery at a later date.
- Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
- The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
CANCELLATION AND RETURNS
- The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
- Where a claim of defect or damage is made then the Goods should be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (not including delivery costs) plus any return postal charges if the Goods are in fact found to be defective after inspection.
- Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
- Where Goods are purchased via the internet, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall 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.
- Any Goods being returned must be unused and in their original unopened packaging with all documentation intact. Goods that are returned and found to have been used will not be accepted for refund.
- Please obtain a certificate of posting and adequate insurance when you return an item, as we cannot be held responsible for any damage caused by a delivery company.
- In addition to the Buyer’s statutory consumer rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery.
- Where a product develops a manufacturers fault within 28 days of receipt, we will exchange it for a new one. If a product is exchanged, but is later found to have a fault caused by the customer, the customer will be liable for the cost of the replacement.
LIMITATION OF LIABILITY
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
- The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from circumstances or events outside its reasonable control, including but not limited to acts of God, strikes, war, accidents, fire, or acts of terrorism and the party shall be entitled to a reasonable extension of its obligations.
- If any term or provision of these Terms and Conditions is found to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction in such matters then such provision shall be removed and the remainder of the provisions shall continue in full force and effect with the invalid, illegal or unenforceable provision of these Terms and Conditions eliminated.
GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
- This website is also covered by the GDPR (General Data Protection Rules) in the EU. Details can be found on the The Information Commissioner’s Office website.