TERMS AND CONDITIONS
Seller: means 10 Seconds To Go Ltd.
Customer: 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 items which the Customer agrees to buy from the Seller as set out in the Schedule.
- These Conditions shall form the basis of the contract between the Seller and the Customer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Customer’s standard conditions of purchase or any other conditions which the Customer may purport to apply under any purchase order or confirmation of order or any other document.
- All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods from the Seller pursuant to these Conditions.
- Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Customer’s acceptance of these Conditions.
- These Conditions may not be varied except by the written agreement of [a director of] the Seller.
- These Conditions represent the whole of the agreement between the Seller and the Customer. They supersede any other conditions previously issued.
- The prices are indicated on the Website in GBP, including all taxes applicable in the UK, processing and delivery costs.
- The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.
- In the event of an Order to be sent to a country other than Mainland UK, customs duties or other local taxes (VAT, customs tax, import duties, etc.) are likely to be payable. These duties are borne solely by the Customer and are their full responsibility, both in terms of declarations and payment to the relevant authorities.
- The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer places in the “Cart”.
- Before validating the Order, the Customer shall expressly accept these ST&Cs, by ticking the box “I have read and I accept the general conditions of sale”.
- In order to ensure a secure payment from Customers on the Website, the Seller has taken out a secure payment guarantee with xxx Bank. The Order is only validated after the Customer provides the information required for the successful completion of their Order and pays for it.
- This information is as follows:
- Customer’s name, billing address, email address, telephone number, VAT number; and
- Delivery address and recipient’s telephone number.
- The Customer warrants the accuracy of all this information. Should all or part of the delivery addresses prove incorrect, thereby obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning the Orders.
- The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfilment or payment of a previous Order or when the Customer has not complied with these T&Cs.
- The Order shall be paid for by payment card once the Order has been validated. The payment cards accepted are CB, Visa, MasterCard and American Express. The Customer’s account shall be debited immediately after acceptance of these ST&Cs and validation of the Order, when the confirmation email is sent.
- The Customer warrants that they have the necessary rights to use this payment card and that they are fully authorised to use it to pay for the Order. They also warrant that this card gives access to sufficient funds corresponding to the amount of the Order. Failing this, the Seller reserves the right to cancel the sale according to the conditions set out herein.
- For its part, the Seller uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of the Customer’s means of payment, over which it has no control.
- The Goods are described on the 10 Seconds To Go website and accompanying documentation.
- The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.
Delivery of goods
- Delivery of the Goods shall be made to the Customer’s address. The Customer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
- The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
- If the Customer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Customer the reasonable costs of so doing.
- The Customer shall be deemed to have accepted the Goods 2 days after delivery to the Customer.
- The Customer shall carry out a thorough inspection of the Goods within 2 days and give notice in via email to email@example.com to the seller after discovering that some or all of the goods do not comply with the product / service description. The Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.
- Where the Customer has accepted, or has been deemed to have accepted, the Goods the Customer shall not be entitled to reject Goods which are not in accordance with the contract.
- Risk shall pass on delivery of the Goods to the Customer’s address.
- Notwithstanding the earlier passing of risk, if the Goods have been ‘purchased’ title in the Goods shall remain with the Seller and shall not pass to the Customer until the amount due has been paid in full. If the Goods have been ‘hired’ then ownership of the Goods is retained by the Seller.
Carriage of Goods
- Carriage will be chargeable on all sales. This will be at the rate is included in the product/service price as agreed.
- For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
- The Seller shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
- If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 1 week, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
13.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Seller.
13.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Customer’s use of any such Intellectual Property Rights is conditional on the Seller obtaining a written licence from the relevant licensor on such terms as will entitle the Seller to license such rights to the Customer.
13.3 All Seller Materials are the exclusive property of the Seller.
14.1 Nothing in these Conditions shall limit or exclude the Seller’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- the Seller shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract
- Notices. Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax [or e-mail].
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
- Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
- Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
- This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
- Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.
- Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).