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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND
RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Palway Limited,
whose registered office is at 6 Macadam Close, Drayton Fields Industrial Estate,
Daventry, Northants, NN11 8RX(the "Supplier", or "we", or "our").
1.2 Any order placed by you for goods advertised on our website is an
offer by you to purchase the goods selected in your order. No contract exists
between you and us for the sale of any goods until we have received your order
and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place
your order, notifying you that we have received your order. This acknowledgement
is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have
accepted it prior to dispatch of the goods. If we cannot accept your order (for
example (but without limitation) because the goods are found to be unavailable)
we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the
goods ordered are unavailable or that there was a pricing error on our website
in respect of the goods ordered, we reserve the right not to supply the goods
ordered and to offer you a refund or alternative goods in accordance with
conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition
7 below).
1.7 We have the right to terminate the contract if the price of the goods
is not received from you in cleared funds (in accordance with condition 3.1).
1.8 The Supplier may change these terms of sale without notice to you in
relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on
the Supplierīs website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such
acceptance that all of the goods are unavailable, we may terminate the contract
and refund or re-credit you within 7 working days for any sum that has been paid
by you or debited from your credit card for those goods. In these circumstances,
we will inform you as soon as possible.
2.3 If within 14 days of our acceptance of your order we discover that
some but not all of the goods are unavailable, we will no longer supply those
unavailable goods. In these circumstances we will contact you detailing the
goods that are unavailable and offer you the option of cancelling the whole
order or amending your order to substitute the unavailable items with
alternative goods. If you have not cancelled the order within 14 days of receipt
of such notice, we will deliver the available goods in accordance with condition
4 below. We will refund or re-credit you for any sum that has been paid by you
or debited from your credit card in respect of the unavailable goods or
cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier's
website are accurate at the time you place your order. If within 14 days of
accepting your order a pricing error is found in respect of any or all of the
goods you have ordered, we will notify you as soon as possible detailing the mis-priced
goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced goods and reconfirming
your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by
selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire
order will be cancelled automatically and the Supplier will refund or re-credit
you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our
contract with you continues and we will deliver the correctly priced goods but
we will not be obliged to supply you with the mis-priced goods. In these
circumstances we will refund or re-credit you for any sum you have paid for the
mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order
alternative goods from us, or where goods have been mis-priced and you
subsequently order such goods at the correct price, these terms of sale shall
apply to the order and the supply of the relevant goods, whether the order is
placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery
charge for the goods, details of which are clearly displayed on our website at
the point that you place your order.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method
shown on the Supplierīs website at the time you place your order. Payment shall
be due before the delivery date and time for payment shall be a fundamental term
of this agreement, breach of which shall entitle the Supplier to terminate the
contract immediately.
3.2 There will be no delivery until cleared funds are received (with the
exception of business accounts where we have agreed credit facilities with you).
3.3 Payments shall be made by you without any deduction whatsoever unless
you have a valid court order requiring an amount equal to such deduction to be
paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when
you place your order, except that some deliveries are not made outside the
United Kingdom.
4.2 Orders placed before 3.00 pm on a working day will be processed that
day and will be delivered as per the requested delivery option provided no
additional security checks are required and all stock items are available. (A
working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the
Supplierīs control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise
than by reason of circumstances under control of the Supplier) then without
prejudice to any other right or remedy available to the Supplier , the Supplier
may:
4.4.1 store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and either (a),
where you have not already paid for the goods in question, account to you (after
deducting all reasonable storage and selling expenses) for any excess over the
price you agreed to pay for the goods or charge you for any shortfall below the
price you agreed to pay for the goods or (b), where you have already paid for
the goods in question, account to you (after deducting all reasonable storage
and selling expenses) for any proceeds received.
4.5 If you fail to take delivery because you have cancelled your contract
under the Distance Selling Regulations the Supplier shall refund or re-credit
you within 30 days for any sum that has been paid by you or debited from your
credit card for the goods. On exercising your right to cancel you shall be
required to return the goods to the Supplier. Should you fail to return the
goods, the Supplier reserves the right to deduct any direct costs incurred by
the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible
after your order has been accepted. However, the Supplier will not be liable for
any loss or damage suffered by you through reasonable or unavoidable delay in
delivery. In this case, the Supplier will inform you of any delay as soon as
possible and will give you the option of cancelling your order at this point.
4.7 Upon receipt of your order you will be asked to sign for the goods
received in good condition. If the package does not appear to be in good
condition then please refuse the delivery. If you are unable to check the
contents of your delivery at the point of delivery then please sign for the
parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you
make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has
received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from
you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even
though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has
passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that they remain
readily identifiable as the Supplierīs property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on
or relating to the goods; maintain the goods in satisfactory condition and keep
them insured on the Supplierīs behalf for their full price against all risks to
the reasonable satisfaction of the Supplier. On request you shall produce the
policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money, nor pay the
proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods
shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement
or composition with your creditors, or otherwise take the benefit of any
statutory provision for the time being in force for the relief of insolvent
debtors, or (being a body corporate) convene a meeting of creditors (whether
formal or informal), or enter into liquidation (whether voluntary or compulsory)
except a solvent voluntary liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof, or a resolution is
passed or a petition presented to any court for your winding up or for the
grant-ing of an administration order in respect of you, or any proceedings are
commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to
be levied on your property or obtained against you or you are unable to pay your
debts within the meaning of section 123 of the Insolvency Act 1986 or you cease
to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 10 days
after you receive the goods (see below). Please note that this policy has some
limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice
to the Supplier by hand or post giving details of the goods ordered and (where
appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise
your right of cancellation after the goods have been delivered to you, you will
be responsible for returning the goods to the Supplier at your own cost. The
goods must be returned to the address shown on the Supplier's website. You must
take reasonable care to ensure the goods are not damaged in the meantime or in
transit. In the case of faulty or misdescribed goods the Supplier shall, after
receiving notification in accordance with condition 8.4, 8.5 or 8.6, either
collect the goods from you or ask you to return the goods to the Supplier in
accordance with the Supplier's Returns procedure (see condition 12 below).
7.4 Once you have notified the Supplier that you are cancelling the
contract, the Supplier will refund or re-credit you within 30 days for any sum
that has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not
return the goods as required, the Supplier may charge you a sum not exceeding
the direct costs of recovering the goods.
8. Warranty
8.1 All new goods supplied by the Supplier are warranted free from
defects for 12 months from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer. If new goods
develop a defect during the 12 month warranty period, you should follow the
Supplier's Returns procedure (see condition 12 below). In the event of a valid
claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the
Supplier will (at its option) either:
8.1.1 replace those goods, if the Supplier has available the same goods
at the same price;
8.1.2 repair those goods; or
8.1.3 refund or re-credit you the sum you have paid for the relevant
goods within 30 days of the date that the relevant goods are returned in
accordance with the Supplier's Returns procedure (see condition 12 below).
8.2 Wherever possible, previously used or owned goods ("Used Goods") will
be highlighted as being so used on the Supplier's website at the time you place
your order. All Used Goods supplied by the Supplier are warranted free from
defects for 90 days from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer. If Used Goods
develop a defect during the 90 day warranty period, you should follow the
Supplier's Returns procedure (see condition 12 below). In the event of a valid
claim for a defect in the Used Goods, the Supplier will (at its option) either:
8.2.1 replace those Used Good(s), if the Supplier has available the same
Used Goods(s) at the same price;
8.2.2 repair the Used Good(s); or
8.2.3 refund or re-credit you the sum you have paid for the relevant Used
Good(s) within 30 days of the date that the relevant Used Good(s) are returned
in accordance with the Supplier's Returns procedure (see condition 12 below).
8.3 The warranties in conditions 8.1 and 8.2 above do not apply to any
defect in the goods arising from fair wear and tear, wilful damage, accident,
negligence by you or any third party, use otherwise than in accordance with its
intended use, failure to follow the manufacturer's or Supplier's instructions,
or any alteration or repair carried out without the Supplier's prior written
approval.
8.4 If the goods supplied to you are damaged in transit, you should
notify the Supplier in writing within 7 working days of receipt of the goods
(please note that this is 48 hours for our business customers) and return the
goods to us in accordance with our returns policy (see condition 12 below). Once
we have verified the fault, we will issue you with (at your discretion) a
replacement or full refund via your original payment method and reimburse your
reasonable return carriage costs. This does not affect your rights under clauses
8.1, 8.2 and 8.5.
8.5 If the goods supplied to you are faulty or incomplete on arrival
(whether or not they were damaged in transit), you must notify us within 28
calendar days of receipt of the goods and return the goods to us in accordance
with our returns policy (see condition 12 below). Once we have verified the
fault, we will issue you with (at your discretion) a replacement or full refund
via your original payment method and reimburse your reasonable return carriage
costs. This does not affect your rights under clauses 8.1 and 8.2.
8.6 If the goods supplied to you develop a defect while under warranty or
you have any other complaint about the goods, you should notify the Supplier in
writing as soon as possible, but in any event within 14 days of the date you
discovered or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be
liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or
by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any
such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any
term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplierīs negligence or
fraudulent misrepresentation.
9.3 If you are a business customer the Supplier 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.
9.3.1 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
9.3.2 any indirect or consequential losses, liabilities or costs.
9.4 If you are a business customer then the aggregate liability of the
Supplier (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.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your
order and payment secure but unless the Supplier is negligent, the Supplier will
not be liable for unauthorised access to information supplied by you.
11. Images
Product images are for illustrative purposes only and may differ from the actual
product.
12. Returns
12.1 Please note that any items returned to us which you claim to be
faulty or incomplete are checked and verified by our technicians. Any returned
items that are found not to be faulty or incomplete will be returned to you and
we shall be entitled to charge you for the return carriage costs via your
original payment method. In the event that your credit card has expired, or is
declined we will hold the item(s) until full payment has been made for the
return carriage.
12.2 Any items that you return to us are at your own risk, therefore we
strongly advise all our customers to take reasonable care when returning any
items to us for example, by ensuring the goods are correctly addressed,
adequately packaged, and carried by a reputable carrier.
13. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law
and the English courts will have jurisdiction in respect of any dispute arising
from the contract.
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