Terms and Conditions for supply of goods
OUR CONTRACT WITH YOU: please read this carefully
Introduction
1. These are the only terms and conditions upon which easy4men, part of the easy family, owned by easyGroup IP Licensing Limited will contract with you for the supply of goods. No alteration or substitution of these terms and conditions shall be valid unless agreed in writing.
2. A contract is formed between us when we confirm by email, to the email address you have provided, that your order has been accepted. Orders will not be accepted until we receive authorisation of your credit/debit card payment has been cleared. All contractual documents and communications between us shall be in the English language.
3. Our employees and/or agents are not authorised to make any representations concerning our goods. In entering into the contract you acknowledge that you do not rely on any representations other than those in these terms and conditions.
4. Any typographical, clerical or other error or omission in any of our advertisements, website, price list, acceptance of offer, invoice or other document or information issued by us ("sales literature") may be corrected without any liability on our part.
5. No drawings, illustrations or descriptions or any other information submitted or contained in sales literature or our website shall be deemed to form part of the contract but are for general information and guidance only.
AVAILABILITY
6. We reserve the right to withdraw our acceptance of your order if any goods are not readily available to us and to refund in full any payment you have made for them. Other goods ordered by you will be despatched in the normal way. We reserve the right to place restrictions on any volume of goods ordered by you.
PRICE
7. The price of the goods is as stated on our website from time to time and is inclusive of value added tax (if applicable). Packing, postage and carriage costs are additional and are displayed on our website and confirmed to you at the time of your order. All payments must be in pounds sterling.
PAYMENT
8. We use the secure Paypal Website Payments Pro to handle payments for your selected goods. This form is held on a secure SSL server and your details are transmitted to PayPal for secure billing. easyGroup IP Licensing LTD does not store, and therefore cannot share, your credit card details.
IMPORT RESTRICTIONS
9. You shall be responsible for ensuring the goods you order are permitted to be imported to your country of residence and for obtaining any export and/or import licenses that may be required. You shall indemnify us for all losses, damages, costs and expenses which we may suffer or incur if you breach this term. Where goods are impounded by any lawful authority or otherwise you shall remain liable to us for the price of such goods unless such action can be shown to have arisen due to a fault by us.
DELIVERY
10. Goods will be delivered to the country and address you provide to us and will normally be despatched within 10 working days of your order being accepted unless we state otherwise. Time for delivery shall not be of the essence and we shall not be liable for any delay in delivery. If we fail to despatch any goods within 30 days of accepting your order (or such other period we have notified to you), we shall refund in full your payment in respect of such goods.
11. If you fail to take delivery of the goods or fail to give us adequate delivery instructions (otherwise than by reason of any cause beyond your reasonable control (subject to clause 9) or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may:
11.1 store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
11.2 sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
12. Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by us to deliver any instalment in accordance with these terms and conditions or any claim by you in respect of any one or more instalment shall not entitle you to treat the contract as repudiated as a whole.
TITLE AND RISK
13. Risk of damage to, or loss of, goods shall pass to you at the time the goods leave our premises for delivery including where we arrange for delivery.
CONSUMER RIGHTS AND THE RIGHT TO CANCEL
14. Your statutory rights including but not limited to those contained within the Sale of Goods Act 1979 (as amended) and the Sale and Supply of Goods and Services Act 1994, shall not be affected by the restrictions and limitations set out in these terms and conditions.
15. Subject to clause 15 you shall from the time the contract between us is formed until a period of 7 days following delivery of the goods, have the right to cancel the contract by sending written notice of cancellation to us at the e-mail, fax or postal address set out at the end of these terms and conditions.
16. Your right to cancel shall not apply where the goods, which are intended for every day consumption, have been opened.
17 In the event you cancel the contract under clause 14 above:
17.1 you shall be responsible for paying all reasonable costs and expenses incurred in the goods being returned to us; and
17.2 we shall reimburse any sum paid by you within 30 days of the notice of cancellation being given.
18. Where the goods are not consumables you have the right to require goods be repaired or, where appropriate, replaced for a period of six months after the contract between us is formed if you assert the goods do not conform to the contract save where we can establish that the goods do so conform.
WARRANTIES
19. We warrant that, at the time of delivery, the goods will, subject as hereinafter provided, be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the goods as shown or described in our sales literature and/or website and those despatched to you (the goods despatched will always be of a comparable or superior quality).
20. The goods (unless we notify you otherwise) will be acquired from the manufacturers and or retailers which we specify (if any) upon our website.
DISCLAIMERS
21. WE SHALL BE UNDER NO LIABILITY IN RESPECT OF ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL DAMAGE, NEGLIGENCE, ABNORMAL WORKING CONDITIONS, FAILURE TO FOLLOW OUR INSTRUCTION (WHETHER ORAL OR IN WRITING), MISUSE OR ALTERATION OR REPAIR OF THE GOODS WITHOUT OUR APPROVAL.
22. EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW OR UNDER THESE TERMS AND CONDITIONS, FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE.
23. SUBJECT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
24 IN NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU EXCEED THE INVOICE VALUE OF THE GOODS.
25. WE SHALL NOT BE LIABLE FOR SITUATIONS OF FORCE MAJEURE WHERE ANY FAILURE IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS IS CAUSED BY FACTORS OUTSIDE OUR CONTROL.
26. WE SHALL BE UNDER NO LIABILITY IF YOU SUFFER ANY ALLERGIC REACTION OR OTHER SKIN IRRITATION FROM USING THE GOODS WHICH IS CAUSED BY A PRE-EXISTING MEDICAL CONDITION OR IF YOU FAIL TO FOLLOW ANY DIRECTIONS FOR USE OF THE GOODS AS SET ON OUR WEBSITE OR THE GOODS THEMSELVES. YOU SHOULD CHECK THE CONTENT OF THE CHEMICALS CONTAINED IN ANY GOODS (AS SET OUT ON THE PACKAGING) PRIOR TO USE TO ENSURE THE GOODS ARE SAFE FOR YOUR USE.
INDEMNITY
27. You agree not to offer the goods for resale either within or outside the United Kingdom. You shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term.
THIRD PARTY RIGHTS
28. In respect to any contract entered into between us, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
COMMUNICATIONS
29. Any communication between us shall be by e-mail or first class post to our current e-mail or postal address as set out on our website and to your e-mail and postal address which you have notified to us.
VARIATION
30. We reserve the right to vary these terms and conditions at any time but the terms and conditions which apply to the contract between us shall be those in force at the time we accept your order.
ENFORCEABILITY
31. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
LAW
32. The contract formed by our acceptance of your order shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English Courts.
easyGroup IP Licensing Ltd are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link on the store page.
Our Contact details:
easyGroup IP Licensing Ltd
164 Kensington High Street
London W8 7RG
United Kingdom
Phone: +44 (0)20 7938 3504
Fax: +44 (0)20 7113 2001
Email: easywatch@easy.com
TAX number - 777 8047 78 |