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1.1. A "Buyer" is an individual or organisation who buys or agrees to buy goods and/or services from the Supplier
1.2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3. "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions
1.4. "Goods" means the articles that the Buyer agrees to buy from the Supplier
1.5. "Services" means the services that the Buyer agrees to buy from the Supplier
1.6. "Supplier" means Smith & Ellis Limited that owns and operates www.smithandellis.co.uk
1.7. "Terms and Conditions" means the terms and conditions of sale defined in this agreement and any special terms and conditions agreed in writing by the Supplier
1.8. "Website" means www.smithandellis.co.uk
2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6. Any complaints should be addressed to the Supplier. Complaints will be addressed within FIVE working days of receipt.
3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason
3.2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to wait until the Goods are available from stock, either take an alternative substitution product suggested by Smith & Ellis which will be of equal or greater value at no additional cost or, in or cancel the order and receive a full refund within 28 days.
4.1. The price of the Goods and/or Services shall be that stated on our website at the time of the order placement. All prices include VAT (where appropriate).
4.2 When ordering online, the total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. When placing an order by telephone, the total purchase price including VAT and delivery charges will be confirmed by one of our staff at the time of placing the order.
4.3. After an online order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer. Consumers ordering by telephone will be offered an email to confirm the details, description and price of the Goods / Service purchased together with information on the right to cancel.
4.4. Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.
4.5. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5.1. The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6.1. The Supplier reserves the right to periodically update prices in marketing communications and on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2. The Supplier reserves the right to withdraw any Goods and/or Services at any time.
6.3. The Supplier reserves the right to withdraw or suspend any promotional offer at any time.
6.4. The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the marketing communications or the Website or for refusing to process an order.
7.1. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.2. The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date
7.3. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.4. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted
7.5. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9.1. Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are defective.
10.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer at the time of making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law in England and Wales.
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