Standard Terms And Conditions For Sale Of Goods
Definitions
In this document the following words shall have the following meanings:
“Buyer” means the person who buys Goods from the Seller;
“Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
“Goods” means the articles that the Buyer agrees to buy from the Seller;
“List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time.
“Seller” means Display Works
“Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
General
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
Price and Payment
The price of the Goods shall be that stipulated on the Seller’s website at the date of order or as agreed between the parties. The price is exclusive of VAT and exclusive of any delivery charges until checkout.
Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
Also, we cannot accept orders for samples only, one priced product must be purchased.
Delivery
Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
All Goods, wherever possible, will be delivered within 10 working days (usually before this, typically 3-
The Seller shall use its reasonable endeavors to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller 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.
Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in the above clause, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Display Works will endeavor to dispatch goods within a quick time frame when possible, but as some manufacturing is often required we recommend that you contact us before your purchase to establish an approximate delivery time.
Cancellations and Returns
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 days of delivery if the Goods are damaged or do not comply with any of the Contract.
Where a claim of defect or damage is made then the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 28 days of the date of purchase. Products that are not damaged but are deemed unwanted by the buyer must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any, and re-
Returns Procedure
If you would like to return your products for any reason other than them being damaged, please give us a call on the number in our about us page or send us an email (quoting your order number) at the address below. Please ensure that the products are unopened, sealed and packaged to the same quality that they were delivered. When we receive the returned products we will issue you will a full refund minus postage and re-
Guarantees
In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 28 days from the date of purchase.
Intellectual Property
Both the content and images of the Display Works website are the intellectual property of Display Works or fellow suppliers. They may not be used or altered in any way without express permission of Display Works.
Privacy
We guarantee that Shopping with Display Works will be a safe and secure experience. We promise to ensure the following:
Your Personal details will be stored in a secure location and we will never pass on your details to any third party.
Your bank details when disclosed to us, will be handled by safely and securely by us. When making payment online by credit or debit card, your card details are not disclosed to us, and payments are processed by Paypal, the largest and most secure payment processor in Europe.
Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
Force Majuere
Neither party shall 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Severance
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.
Governing law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.