Terms and Conditions 7.6
It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time (also available on our website). Where the Goods’ correct price is less than or higher than our stated price, we will charge the correct price when dispatching the Goods to you.
7.7 7.8
If you do not have a credit account with us payment for all Goods must be made in advance by credit or debit card, BACS, letter of credit confirmed by a UK bank, bank draft, or by sterling cheque. We do not offer credit accounts to individuals, sole traders or partnerships with less than three partners.
If you have a credit account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. Unless alternative payment terms have been specified by us, you must pay the invoice in cleared monies within 30 calendar days of the date of the invoice. Please note that payment pursuant to this clause 7.7 shall only be permitted at our absolute discretion and we reserve the right to require upfront payment at any time.
7.9
If you do not make any payment due to us by the due date for payment (as set out in conditions 7.5 and 7.6), we may charge interest to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with the overdue amount.
7.10 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
8. LIMITATION OF LIABILITY
8.1 Subject to conditions 8.2 and 8.3 we shall only be responsible for losses which are a direct consequence of our failure to comply with these Terms and our total liability to you for all direct, proven and reasonable losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods.
8.2 We shall not be responsible for losses that you suffer as a result of our failure to comply with these Terms that fall into the following categories (whether we were notified of or aware of the possibility of such losses or not):
8.2.1 8.2.2 8.2.3
loss of income or revenue loss of business
loss of anticipated savings
8.2.4 loss of data or 8.2.5
any waste of time.
8.3 We do not limit or exclude liability for: 8.3.1 8.3.2 8.3.3
death or personal injury fraud or fraudulent misrepresentation or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.4 You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any losses you suffer from such chemicals result from your default, we shall not be responsible.
8.5 Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we are not prohibited from doing so by law we hereby exclude all warranties which are implied into these Terms whether by legislation or otherwise.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
9.2.1 9.2.2
9.2.3 9.2.4 networks. 9.2.5 strikes, lock-outs or other industrial action
civil commotion, riot, invasion, political change, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
fire, explosion, storm or other adverse weather, flood, earthquake, subsidence, epidemic or other natural disaster
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or
impossibility of the use of public or private telecommunications
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
10. EXCLUSIVE GOODS
Goods which are described as being exclusive are exclusive to Findel Education Limited (Company Number: 1135827).
11. DATA PROTECTION
We shall comply with our obligations under the Data Protection Act 2018 and the General Data Protection Legislation. We may record your calls for quality and training purposes.
12. DISPOSAL OF WASTE ELECTRICAL EQUIPMENT
We are committed to promoting the re-use, recycling and recovery of WEEE products by contributing to the VALPAK compliance scheme. WEEE products or packaging will be marked with a crossed out wheelie bin symbol to indicate that
344 Everything you need, from active to athlete
www.findel-international.com/davies-sports
the Goods should not be disposed of in general domestic waste but disposed of through an approved WEEE scheme. For more information please see our website or call +44 (0) 115 907 4001. We do not accept any liability whatsoever for the remote collection, shipping costs or packaging of returned Goods. All costs associated with the return of WEEE will be your responsibility.
13. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person (including a corporate body) without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
14. NOTICES
All notices sent by you to us must be sent to Findel Education, International Division, Pintail Close, Victoria Business Park, Nottingham NG4 2SG, UK. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
15. GENERAL
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.4 You are responsible for obtaining, (at your own cost), such import licenses and other consents in relation to the goods as are required from time to time and if we require, you shall make such licenses available to us prior to the relevant shipment.
15.5 If you are required under any applicable law to deduct or withhold any amount due to us, you shall increase the amount that you pay to us by the amount necessary so as to ensure that we receive the amount which we would have received from you had no such deductions or withholdings been made.
15.6 These Terms shall be governed by English law and we both accept the exclusive jurisdiction of the courts of England. The international rules for the interpretation of trade terms prepared by the International Chamber of Commerce (Incoterms) shall apply but where they conflict with these Terms these Terms shall prevail.
15.7 Where furniture items feature the packaging removal icon, this applies to UK orders only (excluding Channel Islands and BFPOs).
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