Terms and Conditions
Please read these terms and conditions carefully before ordering any Goods for your business. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions. For the latest full set of terms and conditions please see the Website.
1. INTERPRETATION
1) The following definitions apply to these terms and conditions: a) Goods: the products that we are selling to you as set out in the Order. b) Order: your order for the purchase of our products. c) Terms: the terms and conditions set out on this page. d) Writing or written: includes faxes and e-mail.
2) Headings do not affect the interpretation of these terms. 3) These Terms shall only apply to the sale of Goods within the United Kingdom excluding the Channel Islands and BFPOs. Alternative terms and conditions are available for the sale of Goods to consumers and for customers outside of the United Kingdom.
2. BASIS OF SALE
1) These Terms, the Order and our Order Confirmation set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Order are complete and accurate before you submit your Order. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you submit the Order.
2) These Terms are the only Terms & Conditions that apply and all other Terms are excluded.
3) Any imagery or other descriptions on our website, or other marketing material, are published to provide you with an approximate idea of the Goods they describe. They are not contractually binding.
4) Subject to the remaining terms below, these terms shall become binding on you and us when: a) We issue you with written acceptance of an Order (“Order Confirmation”); or
b) We deliver the Goods to you, whichever is the earlier, at which point a contract shall come into existence between us (a “Contract”).
5) We shall assign an order number to the Order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the Order.
6) We have the right to revise and amend these Terms from time to time without notice to you. Please ensure you are familiar with the up to date Terms prior to placing an Order. The applicable Terms are those that in force at the time that you place your order with us.
7) Goods purchased are not for resale, unless we have expressly agreed otherwise in writing. If we are concerned that you are purchasing goods to re-sell them, we reserve the right to cancel the order immediately and without any further notification to you at any point, including after we have issued an order confirmation.
3. OUR GUARANTEES
1) We warrant that on delivery the Goods shall: a) Be of satisfactory quality; b) Be free from material defects in design, material and workmanship; and
c) Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
2) This warranty 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, if you use the Goods in a way that we do not recommend, or you fail to follow our instructions, or you make any alteration or repair without our prior written approval.
3) These Terms also apply to any repaired or replacement Goods if the original goods were faulty.
4) Except as set out in these Terms all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
4. DELIVERY
1) All orders under £40 excluding VAT will incur a small order handling charge of £2.95 plus VAT. This is subject to change.
2) Next Day Delivery: Subject to availability. Orders of stocked items, excluding direct delivery from the manufacturer, placed by 2pm on any week day, with the request of next day delivery will be delivered free and aim to be delivered the next working day. We offer next day delivery to UK postcodes (excluding AB, BT, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, ZE and the Republic of Ireland), subject to clause 4(1) above.
3) Standard Delivery: Orders of stocked items, excluding direct delivery from the manufacturer, will be delivered free and we aim to deliver within 2-4 working days, subject to clause 4(1) above.
4) Direct Delivery items are dispatched directly from the manufacturer. Delivery dates are dependent upon the manufacturer. We would estimate that this is normally within 21 days of receipt of your order, but this cannot be guaranteed. Please refer to the product listing for a product specific estimate of delivery. Please allow extra time for deliveries to the AB, BT, DD, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, TD, TR, ZE postcodes. Delivery at peak times may vary. All of these estimates are dependent on us/our manufacturers having the relevant
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Goods in stock at the time of your Order. Additional delivery charges may be applied for Direct Delivery items. Additional delivery charges may be incurred for deliveries to Highlands, Islands & Northern Ireland.
5) Delivery of the Order shall be completed when we deliver the Goods to you.
6) We will take reasonable steps to meet any estimated delivery date. However delivery times cannot be guaranteed, for example occasionally delivery may be affected by factors beyond our control.
7) If we fail to deliver our Goods you must notify us within 7 days of the expected delivery date. Any claim that is made after the 7 day period may not be accepted. Our liability shall be limited to the reasonable costs and expenses that you incur in obtaining replacement goods of similar description and quality, in the cheapest market available, less the original price of the Goods purchased. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
8) If you fail to take delivery of an Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control: a) We will store the Goods until delivery takes place and may charge you a reasonable sum to cover storage, insurance and other expenses incurred.
b) We shall have no liability to you for late delivery.
9) If you have not taken delivery of the Goods within 2 weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
10) If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in consignments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in consignments, we may charge you extra delivery costs. Each consignment shall constitute a separate contract. If we are late delivering a consignment or one consignment is faulty, that will not entitle you to cancel any other consignment.
11) If upon delivery you discover that the Goods are damaged or have not been delivered in accordance with your Order then you must notify us of this within 14 days of the date of delivery. If you fail to do so then we will not be obliged to remedy the defect.
5. RETURNS
1) We will accept returns of goods for any reason and provide a full refund provided that: a) You let us know that you wish to return the Goods within 14 days of delivery;
b) The Goods are in their original form including all packaging and are unused
c) You pay the costs of returning the Goods, including, but not limited to, the cost of Direct Delivery.
d) If you cancel your orders within the 14 days cancellation period we will refund the cost of Goods, excluding delivery charges.
2) The returns policy set out above does not apply to a) Goods that are substantially made up of materials that can be photocopied
b) any bespoke Goods c) any Goods which contain living organisms or cultures d) dissection resources e) preserved specimens f) chemicals g) radioactive sources
3) If Goods are faulty, please let us know as soon as possible after delivery. You have 14 days to notify us of your desire to return the product. We will then arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) OR ask you to return the Goods to us at our cost and once we have confirmed that the Goods are faulty, we will: a) Provide you with a full or partial refund; b) Replace the Goods; or c) Repair the Goods.
4) These Terms will apply to any repaired or replacement Goods we supply to you.
5) In the unlikely event that you consider that our service has fallen below your expectations, you may apply to us for our Service Satisfaction Voucher. We will assess your application and if we accept it, we will issue you with a Service Satisfaction Voucher.
6) For the return of direct delivery items a handling charge may be applied which you will be advised of at the time that the return is requested.
6. OWNERSHIP & RISK
1) The Goods will be your responsibility from the time of delivery. 2) Ownership of the Goods will only pass to you when we receive payment in full and all funds have cleared for the Goods.
3) We can recover any Goods in respect of which ownership has not passed to you at any time. You agree to, immediately following written request from us, allow us such access to the Goods (and to such
daviessports.co.uk | 0345 120 4515 |
orders@daviessports.co.uk
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