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TERMS & CONDITIONS OF SALE
AVON & WESSEX MOTOR FACTORS LTD
The following section, in conjunction with our Privacy Page and Delivery Page, forms our company policy. Before submitting an order we recommend that you read and understand these policies. These terms and conditions will apply to all e-commerce transactions and will replace and extinguish all earlier e-commerce terms and conditions and will apply to each and every e-commerce contract entered into by Avon & Wessex Motor Factors Limited (“The Company/We”) and the Purchaser (“The Buyer/You”). All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. By using this site you are agreeing to these terms and conditions. We recommend you print out a copy of these terms and conditions for your future reference. These terms and conditions do not affect your statutory rights.
1. All orders are accepted and goods supplied by the Company to the Buyer exclusively on the basis of these conditions and no employee, servant or agent of the Company has authority to accept orders on any other basis or to expressly or implication waive or amend these conditions.
2. No variations of these conditions will be valid unless made in writing and in the case of the Company signed by a person holding the rank of Director as at the date of signature.
3. Under no circumstances will the Company accept any responsibility whatsoever for error arising from orders placed with the Company by telephone. The Buyer has sole responsibility for ensuring that such orders are correctly communicated.
4. Description of Goods
4.1 The Company makes every effort to ensure that the product images it uses are accurate and up to date. Occasionally it is not possible to show an image with the proper colour, but every effort is made to minimise this.
4.2 All Sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
5. Availability
The Company endeavours to ensure that the website reflects the stock levels of the company but some products can sell out very quickly. Therefore, placing an order with us does not guarantee availability. We will, of course, make every effort to fulfil your order and if this is not possible we will let you know as soon as possible. Alternatively, to avoid disappointment you can contact us.
6. Prices and Payments
6.1 All prices on the web site are in £s sterling and include VAT at 17.5%. Our VAT registration number is 139882033.
6.2 The Company makes every effort to keep the prices up to date but we reserve the right to change prices at any time without notice. It may be that prices are incorrectly quoted or changed due to external circumstances. We have no statutory obligation to sell goods at the price quoted if that price in incorrect.
6.3 Payments can be made securely using one of the following: MasterCard/ Visa/ Switch/ Solo/ Delta.
6.4 The Company reserves the right to refuse acceptance of payment details if fraudulent use is suspected..
7. Title of Goods
Any goods supplied by the Company shall remain the property of the Company until paid in full by the buyer. The title of the goods shall be deemed to pass to the Buyer only upon such payment. Goods will be entirely at the Buyers risk as from the date of delivery by the Company to the Buyer. If goods are not paid for by the Buyer on or before the date on which payment is due, the Company shall be entitled to the immediate return of the goods and shall have the irrevocable right to enter by servants of agents onto the Buyer’s premises where the goods are stored or believed to be stored for the purpose of re-possessing them and subsequently re-selling them.
8. Guarantee
8.1 All our products are guaranteed against manufacturing defects for 12 months from date of purchase unless otherwise specified.
8.2 The guarantee does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier approval.
8.3 The Company has selected products on the basis that they will be for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use products in the course of a business, we exclude (to fullest extend permitted by law) those guarantees and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value or the product in question (except in case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of guarantee or condition.
8.4 The Company will not be liable in any manner whatsoever for any form of consequential loss or damage however arising in respect of any product supplied by the Company.
8.5 All conditions, guarantees and representations expressed or implied by statute, common law or otherwise in relation to the goods are hereby excluded.
8.6 The Company shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of goods by the Company being prevented, hindered, delayed, or rendered uneconomic by reason of circumstance or event beyond the Company’s reasonable control, including but not limited to act of God, riot, strike, lock-out, trade dispute, labour disturbance, accident, breakdown of plant or machinery, or natural disaster which thereby affects supply of goods by the Company to the Buyer. In the event that a limited quantity of goods only is available to the Company by reason of such circumstances, the Company reserves the right to apportion the available quantity between its customers at its entire discretion
8.7 It shall be the entire responsibility of the Buyer to ensure that the goods shall be suitable for the particular application and for use under the particular conditions of which they are purchased. Any product information and publicity material which may be supplied by the Company or any supplier to the Company which indicates the suitability of the goods for any particular application is intended for general guidance only and shall not under any circumstances form a representation of the suitability of the product for any particular use for which it is put by the Buyer.
8.8 If the goods supplied to you develop a defect while under guarantee, please refer to 9.3.
9. Returns
9.1 Returning goods not required
You have the right to cancel your order and return an item, which is not required as long as the items are unused and in a re-saleable condition. If you wish to return an item you must inform us within 7 working days of receiving the item, by e-mail, post or fax (See contact details below) and obtain a returns authorisation number and complete a returns form. You must then return the product to the address below, at your own expense, as soon as reasonably possible. In the meantime you have a duty to take reasonable care of the item. You must include the fully completed returns form with the item. After receiving the goods in an acceptable condition we will refund you the cost of the item within 30 days.
9.2 Returning goods incorrectly delivered or damaged
If we deliver the incorrect goods or they arrive damaged, you must inform us immediately by e-mail, post or fax (See contact details below) and obtain a returns authorisation number and complete a returns form. At our discretion we may collect the goods or request you to return them. Goods should be returned within 14 days of receiving them. You must include the fully completed returns form with the item. At our discretion, we will either replace the goods or refund the item. If we require you to return the item to us we will refund the postage costs you have incurred.
9.3 Returning Faulty items
If a fault occurs within the guarantee period (refer to 8.1) you must inform us immediately by e-mail, post of fax (See contact details below) and obtain a return authorisation number and complete a returns form. At our discretion we may collect the goods or request you to return them. You must include the fully completed returns form with the item. We will arrange to have the item repaired or replaced after it has been inspected. Any delivery charges will be refunded after the item has been confirmed faulty.
10. Use of website
10.1 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivate works of such material and content.
10.2 The Company will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or guarantee of any kind expressed or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
11. Complaints
The Company takes the satisfaction of our customers very seriously. If you feel you have received substandard information or services from us we would like to hear about it so that we can prevent the same thing from happening again. We will make every effort to rectify genuine problems as expediently as possible.
Contact Details
Address: Avon & Wessex Motor Factors Ltd
31 First Avenue
Westfield Industrial Estate
Midsomer Norton
Radstock, Bath
BA3 4BS
Email: sales@avonwessex.co.uk
Telephone: 01761 414474
Fax: 01761 413958
Registered Company Number 1174681 (incorporated in England)
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