Standard Terms & Conditions of Balcony UK Limited
1. Terms & Conditions
1.1 In these Conditions:
("the Buyer") shall mean the person to whom the Company is to supply Goods pursuant to a Contract.
"Company" means Balcony Shop LTD registered in England and Wales (company registration number 06708726).
"Contract" means any contract between the Company and the Buyer for the sale and purchase of Goods, incorporating these Conditions.
"Goods" means any goods which the Company supplies pursuant to a Contract.
2. Application Of Terms
2.1 The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this Condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
2.2 The Contract shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.3 Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these Conditions.
2.4 Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
3. Quantity, Quality And Description
3.1 The quantity, quality and description of Goods and any specification for them shall be as set out in the Company's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Company).
3.2 If the Company delivers to the Buyer a quantity of Goods of up to 5% more or less than the quantity specified in the Company's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Company), the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.
3.3 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and the Contract is not a sale by sample.
4.1 Unless otherwise agreed in writing by the Company, delivery of Goods shall take place at the Company's place of business.
4.2 The Buyer shall provide at its expense adequate and appropriate equipment and manual labour for loading the Goods at the point of delivery and unloading them at their point of destination.
4.3 The Company may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract.
4.4 Each installment shall be a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment.
4.5 Delivery or dispatch dates specified by the Company are approximate only and not of any contractual effect. The Company is not liable to the Buyer for failure to deliver on a particular date or dates. Time for delivery is not of the essence of the Contract and shall not be made so by the service of any notice.
4.6 Subject to the other provisions of these Conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 60 days.
4.7 If for any reason the Buyer fails to accept delivery of any Goods within 3 days of it being notified they are ready for delivery, or the Company is unable to deliver Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorizations: (a) risk in Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence); (b) Goods shall be deemed to have been delivered; and (c) the Company may store Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.8 If the Buyer fails to take delivery of Goods within 7 days of being notified that they are ready for delivery, then (without prejudice to its other rights) the Company may arrange for the Goods to be disposed of at the best price reasonably obtainable and the Buyer shall be liable to the Company for any amount by which the disposal proceeds are less than the price payable by the Buyer and for the Company's disposal costs.
5.1 Goods are at the risk of the Buyer from the time of delivery.
5.2 Property in Goods delivered shall not pass to the Buyer until the Buyer has paid all sums due to the Company (a) in respect of the Goods and (b) on any other account.
5.3 Until property in Goods passes to the Buyer in accordance with Condition 5.2, the Buyer shall hold them as bailee for the Company and shall store them separately from any similar goods of the Buyer or any other person in such a way that they remain identifiable as the Company's property.
5.4 The Buyer may resell Goods before the conditions in Condition 5.2 are satisfied on the following Conditions: (a) any sale shall be effected by the Buyer as agent for the Company, provided that the Buyer shall have no authority to create privacy of contract between the Company and any customer to whom Goods are sold; (b) the Buyer will hold the proceeds of any such sale as trustee for the Company, separate from its own monies in a separate, identifiable bank account.
5.5 The Buyer's right to possession of Goods supplied by the Company shall terminate if the Buyer is declared bankrupt or makes any proposal to his creditors for any composition or voluntary arrangement or, if the Buyer is a company, an administrator, administrative receiver or liquidator is appointed in respect of its business.
5.6 The Buyer hereby grants the Company, its agents and employees an irrevocable license at any time to enter any premises where Goods are stored in order to inspect them or, where the Buyer's right to possession is terminated, recover them.
5.7 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
6.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company's price list published on the date of delivery or deemed delivery.
6.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods unless otherwise agreed by the Company.
7.1 Payment of invoices shall, unless otherwise agreed in writing, be made in full by the end of the month following the month of delivery. Time for payment is of the essence of a Contract. The Company reserves the right to suspend the provision of Goods to the Buyer where any amounts are overdue under any Contract with the Buyer until all such amounts have been paid.
7.2 No payment shall be deemed to have been received until the Company has received cleared funds.
7.3 All amounts payable to the Company under the Contract shall become due immediately upon occurrence of any of the following events: (a) termination of the Contract despite any other provision; (b) (the Buyer being a company) a resolution is passed for the winding up of the Buyer or a receiver, administrator or administrative receiver is appointed over the whole or any part of the assets of the Buyer or the affairs, business and property of the Buyer are managed by a supervisor under any arrangement made with the Buyer's creditors; or (c) (the Buyer not being a company) a bankruptcy order is made against him or he makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors..
7.4 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
7.5 The Company reserves the right to claim interest for late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
8.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavor to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
8.2 The Company warrants that (subject to the other provisions of these Conditions) upon delivery the Goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; (b) be reasonably fit for purpose; and (c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Company in that regard; provided this Condition 8.2 shall not apply to Goods sold as "Non-Primes" or as "General Commercial Quality" only which Goods are sold without warranty other than as is stated in Condition 9.2.
8.3 The Company shall not be liable for a breach of any of the warranties in Condition 8.2 unless: (a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 3 days of the time when the Buyer discovers or ought to have discovered the defect; and (b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Company's cost for the examination to take place there.
8.4 The Company shall not be liable for a breach of any of the warranties in Condition 8.2 if: (a) the Buyer makes any further use of such Goods after giving such notice; or (b) the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage of the Goods or (if there are none) good trade practice.
8.5 Subject to Condition 8.3 and Condition 8.4, if any of the Goods do not conform with any of the warranties in Condition 8.2 the Company shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company's expense, return the Goods or the part of such Goods which is defective to the Company.
8.6 If the Company complies with Condition 8.5 it shall have no further liability for a breach of any of the warranties in Condition 8.2 in respect of such Goods.
8.7 Any Goods replaced shall belong to the Company.
9. Limitation of Liability
9.1 Save as provided for in these Conditions the Company shall have no liability for: (a) any defect in the quality of Goods or their failure to correspond to any description or sample or to be fit for any purpose; or (b) any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any of the matters mentioned in Condition 9.1(a); and all other conditions, warranties, stipulations and undertakings, whether express or implied by statute or common law are excluded.
9.2 Nothing in these Conditions excludes or limits the liability of the Company: (a) for breach of the obligations arising from section 12 Sale of Goods Act 1979; (b) under section 2(3) Consumer Protection Act 1987 provided the Buyer shall indemnify and keep the Company indemnified against all claims, costs, actions and demands whatsoever and howsoever arising made against the Company by the Buyer's customers or its employees whether direct or indirect relating to the use of the Goods; or (c) for fraud or fraudulent misrepresentation.
9.3 Subject to Conditions 9.1 and 9.2, the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.
10. Force Majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
11.1 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
11.2 The invalidity, illegality or unenforceability of the whole or part of a Condition does not affect or impair the continuation in force of the remainder of these Conditions.
11.3 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12. Governing Law And Jurisdiction
12.1 A Contract is governed by English law.
12.2 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with a Contract.
Business to Consumer - Online Terms & Conditions between a business and consumer for the sale of goods
This site is owned by Easyfix Balustrades Limited. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail or telephone as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Easyfix Balustrades Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on "submit" during the ordering process.
The prices payable for goods that you order are as set out on our website. All prices are subject to VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery charges
Delivery charges vary according to the type of goods ordered.
11.1 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
11.2 Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
11.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
13. Cancellation rights
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, you can notify us by email or any other clear statement.
13.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order)
13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
13.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you.
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15. If there is a problem with the goods
15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.
16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
16.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Easyfix Balustrades Limited, Unit 4 Apex Business Park, Apex Way, Leeds, LS11 5LN and all notices from us to you will be displayed on our website from time to time.
18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
22. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.