Please feel free to read through our Terms
and Conditions, please note, when submiting
an order form or bidding for an auctioned lot,
you are agreeing to these conditions, thank you
for your custom.
1. INTERPRETATION
1.1 In these conditions 'BUYER'
means the person who accepts a quotation of the
Seller for the sale of the Goods or whose order
for the Goods is accepted by the Seller.
`GOODS' means the goods (including any instalment
of the goods or any parts for them) which the
Seller is to supply in accordance with these
Conditions
`SELLER' means Xinteractive.
`CONDITIONS' means the standard terms and
conditions of sale set out in this document and
(unless the context a otherwise requires)
including any special terms and conditions agreed
in writing between the Buyer and the Seller
`CONTRACT' means the contract for the purchase
and sale of the Goods
`WRITING' includes facsimile transmission,
electronic mail and comparable means of
communication.
1.2 Any reference in the
Conditions to any provision of a statute shall be
construed as a reference to that provision as
amended, re-enacted or extended at the relevant
time.
1.3 The headings in these conditions
are for convenience only and shall not affect
their interpretation.
2. CONSUMER
PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the
contract with the Supplier up to 7 business days
from the date after receipt of the goods. The
consumer is under a duty to restore goods to the
supplier and in the mean time take reasonable
care of them. The consumer must pay for the safe
return of the goods to the Supplier, where the
consumer does not return the goods then the
consumer must pay the Supplier all reasonable
charges to recover them.
The Supplier may deduct the cost of collecting
the goods from any refund if the consumer fails
to return the goods.
The contract may only be cancelled in writing,
either by fax or email, a telephone call is not
enough.
Where a consumer exercises the right to cancel
under the cooling off period, the goods should be
returned or be available for collection with 5
days of the notice being given.
Where the Seller has dispatched goods to the
Buyer but the goods are not delivered (due to the
Buyer either refusing to accept or not be
available to take delivery) then the Seller shall
refund the cost of the goods minus any reasonable
charges in recovering the goods.
3. ORDERS
AND SPECIFICATIONS
3.1 No order submitted by the
Buyer shall be deemed to be accepted by the
Seller unless payment has been taken by the
Seller.
3.2 The quantity, quality and
description of and any specification for the
Goods shall be those set out in the Seller’s
quotation (if accepted by the Buyer) or the
Buyer’s order (if accepted by the Seller)
3.3 Any order that has been accepted
by the Seller may be cancelled before delivery or
after delivery under the Distance Selling
Regulations. Cancellations must be made in
writing by fax, email. Notification by phone is
not sufficient.
3.4 Any ammendments or
cancellations to orders must be received in
writing by either fax/email. If no written
confirmation is received then no changes will be
made to the order and goods will be delivered as
per the order.
3.5 Orders placed before 5:30pm
on a business day will be processed that day and
will be delivered as per delivery stated,
provided no additional security checks are
required and all stock items are available.
4. PRICE
OF GOODS
4.1 The price of the goods
shall be the sellers quoted price on the website.
Buyers shall make an offer to purchase the goods
from the Seller by placing an order on the
website. This offer to purchase does not
constitute the sellers acceptance to supply the
goods at the price shown. The contract shall be
made at the point where the Seller takes a
payment from the Buyer in total. Where there are
delays in taking payment the price of the goods
can not be guaranteed. The Seller will notify the
buyer within 48 hours if the offer to purchase is
not accepted.
4.2 Except as other wise stated under
the terms of any quotation or in any price list
of the Seller, and unless otherwise agreed in
Writing between the Buyer and the Seller, all
prices are given by the Seller on an ex works
basis, and where the Seller agrees to deliver the
goods otherwise than at the Seller's premises,
the Buyer shall be liable to pay the Seller's
charges for the transport, packaging and
insurance.
5. TERMS
OF PAYMENT
5.1 The Seller shall not be
bound to deliver the Goods until the Buyer has
paid for them. Payment shall be due before the
Delivery date and time for payment shall be of
the essence.
6. ACCEPTANCE
OF THE GOODS
6.1 The Buyer is deemed to have
accepted the Goods once the 30day period has
elapsed from date of invoice.
6.2 If the goods are thought to
be defective after 30 days has elapsed then a
replacement or repair may be offered if the goods
are indeed found to be defective.
7. DELIVERY
7.1 The Seller shall make
delivery of the Goods to the Buyer as agreed by
the Seller.
7.2 Any dates quoted for
delivery of the Goods are approximate only and
the Seller shall not be liable for any delay in
delivery of the Goods however caused. Time for
delivery shall not be of the essence of the
Contract unless previously agreed by the Seller
in writing. The Goods may be delivered by the
Seller in advance of the quoted delivery date.
7.3 The Seller may elect to
deliver the Goods on different days by different
couriers. The Seller in the interests of
convenience to the Buyer will keep these
instances to a minimum.
7.4 If the Buyer fails to take
delivery of the Goods or fails to give the Seller
adequate delivery instructions at the time stated
for delivery (otherwise than by reason of any
cause beyond the Buyer’s reasonable control
or by reason of the Seller’s fault) then,
without prejudice to any other right or remedy
available to the Seller, the Seller may:
7.4.1 store the Goods until
actual delivery and charge the Buyer for the
reasonable costs (including insurance) of
storage; or
7.4.2 sell the Goods at the
best readily available obtainable and (after
deducting all reasonable storage and selling
expenses) account to the Buyer for the excess
over the price under the Contract or charge the
Buyer for any shortfall below the price under the
Contract.
7.5 The Goods shall be delivered to
the Buyer at the Buyer’s address. The risk
on the Goods shall pass to the Buyer upon such
delivery taking place.
8. WARRANTIES
AND LIABILITY
8.1 All goods purchased will be
supplied with a 30day guarantee. (Unless
Otherwise Stated). In cases where the
manufacturer has setup a direct warranty
relationship with the End User then that
procedure will be applied.
8.2 All Goods to be returned
must first have the authorisation of the Seller.
Failure to obtain such authorisation may result
in the rejection of the return.
8.3 In the event that the
manufacturer replacing or repairing the Goods and
the Seller receiving these Goods back from the
manufacturer, the Seller shall immediately
despatch those Goods at his own cost to the
Buyer.
8.4 The Seller shall be under
no liability in respect of any defect arising
from fair wear and tear, wilful damage,
negligence, abnormal working conditions, misuse
or alteration of the Goods without the
Seller’s approval.
8.5 Any claim by the Buyer
which is based on any physical damage or defect
in the quality or condition of the Goods or their
failure to correspond with specification shall
(whether or not delivery is refused by the Buyer)
be notified to the Seller within 7 business days
from the date of delivery or (where the defect or
failure was not apparent on reasonable
inspection) within a reasonable time after
discovery of the defect. If delivery is not
refused and the Buyer does not notify the Seller
accordingly, the Buyer shall not be entitled to
reject the Goods and the Seller shall have no
liability for such defect or failure and the
Buyer shall be bound to pay the price as if the
Goods had been delivered in accordance with the
Contract. * We urge our customers to sign for
goods as "contents not checked" * if it
is not possible to check the goods whilst in the
presence of the delivery driver.
8.6 Where any valid claim in
respect of any of the Goods which is based on any
defect in the quality or condition of the Goods
or their failure to meet specification is
notified to the Seller in accordance with these
Conditions, the Seller shall be entitled to
replace the Goods (or the part in question) free
of charge or refund to the Buyer the price of the
Goods (or a proportionate price of the price),
but the Seller shall have no further liability to
the Buyer. Where a replacement unit is available
a refund will only be offered within 30 days.
Where a refund is requested the item(s) must be
returned to the Seller within 30 days.
9. CONFIDENTIALITY
9.1 The Buyer hereby acknowledges and confirms
that the Buyer shall keep confidential all information of a
secret or confidential nature (except for that which is already
in the public domain) in relation to the Seller or the Seller’s
business which is disclosed to it or its advisors by the Seller
or its advisors and will not without the Seller’s consent
divulge such information.
Thank you for
taking the time to read our Terms and Conditions, please feel
free to browse the site.
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or display problems to webmaster@xinteractive.co.uk thank
you for your support.
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