Terms and Conditions1. DEFINITIONS 1.1 “Buyer” means the individual or organization who buys or agrees to buy the Goods from the Seller; 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 Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; 1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller; 1.5 “Seller” means Shop 4 Electricals of 16 North Street, Leighton Buzzard, Bedforshire, LU7 1EN 1.6 “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
2. CONDITIONS 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 by the Seller 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 of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. ORDERING 3.1 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. 3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days. 3.3 Having submitted your order you will receive an acknowledgement by telephone or where necessary by e-mail where availability, delivery arrangements and costs will be discussed. If the Buyer wishes to proceed the order will then be processed and at this stage your order will be confirmed and payment requested.
4. PRICE AND PAYMENT 4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. Prices of goods are subject to increase and decrease as a result of manufacturers changes. Prices, offers and products are subject to availability and may change before, but not after, we accept your order. 4.2 Once the order has been processed the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. 4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF SELLER 5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. 5.2 The Seller reserves the right to withdraw any goods from the Website at any time. 5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. WARRANTY The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7. DELIVERY 7.1 Delivery must be to an address within the mainland United Kingdom. We provide free delivery to most areas but a charge may be applied in certain regions dependent upon the courier service utilised. These are most commonly applied for deliveries in Scotland, Wales and the West Country but may be applied to various parts of England dependant on the product, price and courier service. This charge will be discussed with you upon receipt of your order and no payment taken until consent is obtained. 7.2 Goods supplied within the UK will normally be delivered between 5-21 working confirmation of the order. Although once your order is received and processed we will contact you with an approximate delivery date. 7.3 The Seller may be unable to deliver goods within the specified timescales owing to unavailability by the manufacturer or seasonal disruptions. 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. 7.4 The Seller 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 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. 7.5 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. 7.6 Please note due to Health & Safety regulations deliveries above or below ground floor are at the carriers discretion and are not guaranteed. This includes (but not limited to) steps that are immediately outside the premises, which are required to climb in order to gain access to the property. Please advise us of any special arrangements or restricted access at the time of making your order. In the event two or more men are required for delivery owing to access difficulties an additional charge may be levied. This will be discussed with the Buyer prior to accepting the order. 7.7 The Seller will not accept any claims for compensation arising from non/failed/refused delivery of any item where the carriers or we were not made aware of any points regarding special arrangements or access restrictions. In the event that the item is refused/cancelled due to these restrictions, the customer is liable for all carriage charges & a 15% re-stocking fee will be applied. 7.8 Please note that unless the carrier/supplier offers a delivery booking time service your order will arrive without prior notification on the day agreed. Please ensure someone is at home to accept the delivery as it must best be signed for by an adult aged 18 years and over. If no one is present at the delivery address there will be a charge for re-delivery. 7.9 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8. CANCELLATION AND RETURN 8.1 Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website for a full refund. To cancel your order you must write to us at our registered address or send an email to customerservices@shop4electricals.co.uk, either before your order is despatched or within seven working days of delivery of your item(s), quoting your order number. If you cancel your order in writing after it has been dispatched by the manufacturer but not yet received or you refuse to accept the delivery, then you are responsible for all return freight charges by the courier. 8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. 8.3 Where a claim of defect or damage is made the Goods must be collected by the Seller by prior arrangement. The Buyer shall be entitled to a full refund if the Goods are in fact defective. 8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller in writing within 7 working days of receipt of the Goods. 8.5 The Seller will collect any unwanted goods by prior arrangement with the Buyer but a charge will be made to the Buyer for this service. The goods must be returned in original packaging. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, if any, and return postal charges) within 30 days of cancellation. However, if the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. 8.6 Used Goods which are not faulty cannot be returned. If the Buyer states the goods to be faulty an inspection must be undertaken by the manufacturer prior to its return. This can be arranged by contacting the Seller or the manufacturer direct. 8.7 Goods to be returned must clearly show the order number obtained from the Seller on the package and a copy of proof of purchase enclosed. 8.8 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.
9. GUARANTEES 9.1Guarantees exceeding the manufacturers standard 1 year guarantee we recommend should be registered by the Buyer with the manufacturer within 30 days of purchase. This is because manufacturers will normally refuse registration after this time. 9.2 The Seller does not accept any liability for losses incurred in relation to registration of extended warranties.
10. LIMITATION OF LIABILITY 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 Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller 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 Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
11. WAIVER No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. FORCE MAJEURE The Seller 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13. 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.
14. CHANGES TO TERMS AND CONDITIONS The Seller 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 upon making a purchase.
15. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. Your satisfaction is very important to everyone at Shop 4 Electricals, if you are not satisfied with your order or have questions about your order, please call our Customer Service Department on 01525 851612 between 9am and 5pm Monday through Friday, e-mail customerservices@shop4electricals.co.uk or write to: Sterling Electrical, 16 North Street, Leighton Buzzard, Bedfordshire, LU7 1EN
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