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allGadgets Ltd and www.allgadgets.co.uk
The following are the terms and conditions of trading with
allGadgets Ltd (“Supplier”) for the supply of Supplier’s goods
(“Goods”) to any third party (“Buyer”).
1. Orders
1.1 The Buyer may make an order for Goods from the Supplier by online
order form sent by e-mail, facsimile or by means of a postal or telephone
order.
1.2 The Buyer shall be responsible for ensuring the accuracy of the order.
By placing an order for the Goods the Buyer shall be deemed to have
accepted these conditions of business.
1.3 Under the "Offensive Weapons Act 1996" we
cannot and will not sell knives to anyone under the age of 16. In order to
ensure compliance, we only deliver knives to the cardholders own address.
2. Contract Foundation and Specifications
2.1 No Contract will subsist between the Supplier and Buyer for the sale
of any Goods unless and until the Supplier accepts your order by e-mail
confirming that it has shipped your product.
2.2 The Supplier cannot guarantee product availability.
Should Goods ordered be temporarily unavailable the Buyer shall be
notified of the delay in delivery and given the option to cancel the
order. If the Buyer does not cancel the Order, the Buyer shall be deemed
to have accepted the new delivery date.
2.3 Whilst the Supplier makes every effort to ensure that the Goods
descriptions and illustrations contained on the web-site are accurate and
current the Supplier is dependant upon the Goods manufacturer to provide
the correct information.
3. Delivery
3.1 Delivery of the Goods shall be made within 28 days of the Supplier’s
acceptance of the Order unless an extended delivery date is agreed between
the parties and shall be effected by the Supplier delivering the Goods to
the Buyer’s address as notified to the Supplier on the Buyer’s order.
If pursuant to this clause 3.1, the parties cannot agree an extended
delivery date, the Supplier shall be entitled to cancel the order and
refund the purchase price (if already paid).
3.2 Subject to clause 3.1 any dates quoted for delivery of the Goods are
approximate. The Supplier shall not be liable for any delay in delivery of
the Goods and time shall not be of the essence in these Terms and
Conditions.
3.3 UK delivery and carriage is normally by Royal Mail, Parcel Force, or
Southern Express Freight and Target. Heavy items shall be sent by road
carrier. Overseas delivery and carriage is normally by Parcel Force to
Europe or Air Freight for most non-European countries. It is the Buyers
responsibility to check the carriage charge prior to placing its order.
Carriage charge is additional to the price of Goods listed.
3.4 Hazardous Goods can only be delivered by Road Freight and the Buyer
should request a quotation of the carriage cost prior to placing an order.
3.5 Unused and unopened Goods that do not meet the Buyers requirement on
delivery may be returned to the Seller for credit, excluding carriage
charge, within 30 days of delivery.
3.6 The Buyer shall report any damage to the Goods during transit to the
Supplier within seven days of delivery. This does not affect your
statutory rights as a consumer.
4. Price
4.1 Prices quoted on the Supplier web-site are shown exclusive and
inclusive of VAT. For exports to non-EEC countries invoices will be shown
free of Value Added Tax (VAT). The shopping basket will do this
automatically after you have selected the delivery country for non-EEC
sales. EEC customers registered for VAT can obtain Goods VAT free by
providing us with their VAT/IVA/TVA number, printed on an order or letter
head.
4.2 Prices are subject to alteration, however any change in price will be
notified to the Buyer prior to the Suppliers acceptance of the order.
5. Payment
5.1 The Methods of payment are detailed on the web-site.
5.2 Payment for the Goods is always subject to clearance prior to the
Supplier dispatching the Goods.
6. Liabilities and Warranty
6.1 The Supplier offers a no quibble 12-month warranty subject to the
Goods being returned to base and the Supplier receiving notification of
such return prior to the Buyer returning the Goods. In such cases the
Supplier shall be entitled to replace or repair such returned Goods free
of charge. If for any reason this is not appropriate a full refund will be
offered.
6.2 To the fullest extent permitted at law the Supplier will not be liable
for damages arising out of or in connection with the use of this web-site.
This is a comprehensive limitation of liability that applies to all
damages of any kind, including (without limitation) compensatory, direct,
indirect or consequential damages, loss of data, income or profit, of or
damage to property and claims of third parties. For the avoidance of doubt
the supplier does not limit its liability for death or personal injury to
the extent that it arises as a result of the negligence of the Supplier.
6.3 For the avoidance of doubt where Goods are sold under a consumer
transaction the statutory rights of the Buyer are not affected by these
Terms and Conditions.
7. General
7.1 The Supplier shall not be under any liability for any failure to
perform any of its obligations hereunder due to Force Majeure. Following
notification by the Supplier to the Buyer of such cause, the Supplier
shall be allowed a reasonable extension of time for the performance of its
obligations. For the purposes of this clause 7.1 “Force Majeure” means
fire, explosion, flood, lightning, Act of God, act of terrorism, war,
rebellion, right, sabotage or official strike or similar official labour
dispute or events or circumstances outside the reasonable control of the
Supplier.
7.2 If any provision of these Terms and Conditions is declared by any
judicial or any other competent authority to be void, voidable, illegal or
otherwise unenforceable or indications to that effect are received by
either party from any competent authority then that provision shall be
limited or eliminated to the minimum extent necessary so these Terms and
Conditions shall otherwise remain in full force and effect and
enforceable.
7.3 These Terms and Conditions supersede any prior agreement between the
parties whether written or oral under such prior agreements.
7.4 These Terms and Conditions shall be governed by and construed in
accordance with the laws of England and the English Courts shall have
non-exclusive jurisdiction to decide any dispute concerning these Terms
and Conditions or the subject matter of these Terms and Conditions.
7.5 No waiver by Supplier of any breach of these Terms and Conditions by
the Buyer shall be considered as a waiver of any subsequent breach of the
same or any other provisions.
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