Buyer: the person who buys or agrees to buy the goods from the Seller.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: the articles which the Buyer agrees to buy from the Seller.
Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller: means GB Tachopak Ltd Wilton Road Humberston Grimsby
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer's standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a director of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the amount shown, appropriate to the quantity ordered, as on the website shopping cart. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller's invoice. Plus carriage if less than £50.
4. Payment terms for items ordered on-line
4.1 All Buyers shall pay in full for all items ordered on-line prior to their despatch, and not exercise, if applicable, plus carriage if less than £50, account holders' rights or of set-off or counter-claim against invoices submitted by the Seller.
4.2 Trade terms are available only for genuine re-sellers, please contact GB Tachopak Ltd. No provision is currently available for Trade customers to order on line.
The quantity and description of the Goods supplied shall be as set out in the details completed by the Buyer either on the website or a completed order form or as received by telephone.
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.
6.2 Whilst every effort is made to ensure that the product specifications on our web site are accurate, manufacturers do add and remove functionality in their products. Inevitably there will be a delay before the product descriptions are updated reflecting these changes.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the nominated Buyer's address by our nominated carrier or Royal Mail. The Buyer shall make all arrangements necessary to take delivery of the Goods on the expected day as notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on the day of the order, if received before 3.00pm. but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller ideally by email to email@example.com within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer's nominated delivery address.
9.2 Notwithstanding the earlier passing of risk, for customers buying off-line using a credit account only: title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer's right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Charges for Carriage of Goods
Carriage will only be chargeable on all sales under the goods value total of £50. This will be at the current rate of £6.50 per order.
If you bought products and decide that you no longer require them, you can return them to us, at your expense within 14 days of delivery for a refund less 10% handling charge, as long as the products are undamaged, and suitable for resale at the time of receipt by the Seller.