Terms and Conditions
TERMS AND CONDITIONS OF SALE
1. GENERAL
Nothing in these conditions shall affect the statutory rights of any consumer.
All orders are accepted and goods supplied subject to the following express terms and conditions.
PLASTICS - BY POST LTD (hereafter referred to as "the Company") intends to rely upon the written terms set out here. If you require any changes, please make sure you ask for these to be put in writing. No binding contract shall be created until the Company has indicated its acceptance of an order in writing or by making delivery or part delivery of the goods.
2. PRICES
All prices are subject to change without notice and subject to a delivery charge specified at the time of ordering. Unless otherwise agreed in writing, all orders are executed subject to prices ruling at the date of dispatch and no price list of the Company, whether published or not, shall affect the right of the Company to charge for the goods in accordance with this clause. The delivery charges on Internet orders are based on delivery in UK mainland only (excluding Scottish Highlands) so there will be extra charges if delivery is required elsewhere. The consumer will be informed of the total price of the order before being binding and if there are any price changes before delivery then the consumer will have the option to cancel their order and get their money back.
Any clerical or error or omission in any sales literature, quotation, price list (including the Internet), acceptance of offer, invoice or other document or information issued by the company shall be subject to correction without any liability on the part of the company.
3. EXTRA COSTS
In the event of any variation or suspension of orders through the buyer's instructions or lack of instructions; prices may be increased to cover any extra expenses thereby incurred by the Company.
4. ORDERS:
In the case of goods purchased by credit card, those goods can only be shipped to the credit card holder address (authorisation requires cardholder address details for verification to ensure that your card is not used fraudulently) Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred as a result of duplication of orders will be payable by the buyer.
5. CANCELLATION:
Acceptance of cancellation of an order shall be at the discretion of the Company and any such acceptance may be subject to payment by the buyer of a cancellation charge representing the Company's administrative costs involved.
In certain instances where the Company has spent considerable effort in obtaining goods specially requested for by the customer, the Company might decide at its discretion not to allow cancellation of such order.
6. DELIVERY:
All delivery dates are given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated and are subject to payment clearance, locality, human error, courier company error and system failure.
The company will accept no liability for direct or consequential loss or damage arising from delay in delivery. For collection orders paid by credit card the cardholder must be present before or on collection.
If there is a change to an agreed delivery date then the buyer shall have the right to cancel the order and receive a full refund of the amount paid.
7.TITLE TO GOODS:
The Company and the buyer agree that until the Company has received fully cleared payment for the goods.
(a) Property in the goods shall remain with the Company and the buyer shall hold the goods as a bailee and be fully accountable to the Company in respect thereof until such time as payment in full has been received by the Company for all goods supplied.
(b) Not applicable to consumers. As bailor of the goods, the Company, by its employees or agents, shall (without prejudice to the buyer's continuing fiduciary obligations) be entitled to enter upon or into any land, buildings or vehicles where the goods, delivered to the buyer under this contract together with any interest or any other sum payable in respect of the goods under this contract, or part of them, are situated or are reasonably thought to be situated, to retake possession of the same.
8. DESPATCH CHARGES:
All orders will be subject to carriage charges. The Company can obtain carriage charges. This additional charge will not be refundable in the event of any dispute arising on the contract unless the buyer is a consumer in which case all despatch charges will be refunded.
9. DAMAGE OR LOSS IN TRANSIT AND SHORTAGES:
Any damage to goods in transit should be notified to the carriers at the time of receipt of goods, and should not be signed for until checked, and to the Company within 24 hours of receipt. Packaging and contents must be held for inspection. If the buyer is a consumer then a reasonable time will be allowed to inspect the goods to ensure the order complies with The Sale of Goods Act 1979.
10. RETURNS:
Unwanted items returned for refund or exchange, for whatever reason, will be subject to a re-stocking charge of 20% of the purchase value, No restocking charge will be made where a) faulty goods are returned or b) goods are returned where the consumer has exercised their right to reject. Items returned as faulty but found to have no fault will incur a handling and testing charge of 20% of the purchases value.
All packaging material must be retained until the goods are confirmed as in good condition. If for any reason the goods are returned, they should be returned in their original packaging material, If original packaging is not used, the Company will not be responsible for any damage caused during transit. Additionally, the Company will make a charge for supplying new packaging material. Proof of despatch must be retained until the Company acknowledges safe receipt.
If you are a consumer you have the right, in addition to your other rights, to cancel the contract and receive a refund. You must inform us in writing of your desire to cancel within seven working days starting on the day after the day the goods are delivered to you. You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey. If you have not returned the goods within 14 days of cancellation or if requested we can collect the goods from you at your cost.
11. WARRANTY.
For consumers the Sale of Goods Act 1979 applies.
i) The company does not manufacture the goods but sells them with the benefit of the manufacturer warranty
ii) UK Mainland
a) The Company will repair or replace, at its discretion, faulty equipment with no charge to the customer up to a period of 4 days from the date of purchase. For any subsequent warranty repair, it will be the customer's liability to pay all carriage charges.
b) The customer will be responsible for all carriage charges to get the defective equipment repaired/replaced under warranty.
c) All liability is subject to the company receiving authorisation/credit note from the manufacturer or the supplier.
d) The company shall reject claims relating to: fair wear and tear, accidental or wilful damage, abnormal working conditions, alteration, misuse, or failure to follow manufacture instructions.
e) Warranty support may involve dealing directly with the manufacturer.
iii) Offshore Islands and Scottish Highlands
The customer will be responsible for all carriage charges to get the defective equipment repaired/replaced/returned under warranty.
12. CONSEQUENTIAL LOSS:
The Company's liability will be limited to the value of the goods only and not for any consequential damages or losses howsoever caused unless the buyer is a consumer in which case the Unfair Contract Terms Act 1977 over rules.
13. FORCE MAJEURE
The Company shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the Company, i.e. acts of god, riots, floods, fire, earthquake, war, and civil commotion.
14. BANKRUPTCY
In the event of the buyer committing any breach of contract with the Company or if any distress or execution is levied upon the goods of the buyer offers to make any arrangement with or for the benefit of the buyer's creditors or commits any act of bankruptcy or, being a limited company, has a Receiver appointed of its undertaking or assets or any part thereof or, for the purpose of a reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, at the Company's option to make partial deliveries.
15. VALUE ADDED TAX:
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of dispatch.
16. LEGAL CONTRUCTION:
Unless otherwise agreed by the Company in writing, these conditions and the agreement to which this document relates shall in respects be constructed and operate as an English contract in conformity with English Law.
17. The company endeavours to respond to complaints within five working days.
These conditions do not affect your statutory rights
Terms and Conditions are subject to change without notice. E. & O.E.
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