| Standard Terms and Conditions for
Sale of Goods Smith and Young Sales Ltd
trading as Refill Toner
Contact address: The White House, Toys Hill,
Westerham, TN16 1QG, England
Email: sales - at - refilltoner.co.uk
Registered in England Number 2965587
VAT Registered Number 644470732
See also our Order
procedure and policy detail and our Privacy
and Security policies
1 DEFINITIONS
In this document the following words shall have
the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12
of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained
by the Seller and published on its website as amended from time to time;
1.4 "Seller" means Smith and Young Sales Ltd
1.5 "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 GENERAL
2.1 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.
2.2 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 not withstanding that the Seller may have
taken payment from the Buyer at the time of the placing of the order.
The Seller may choose not to accept an order for any reason.
2.3 Should the Seller choose not to accept any order, any payment made
for the order will be returned to the Buyer within 3 days.
2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence
of the Buyer's acceptance of these Terms and Conditions.
2.5 Any variation to these Terms and Conditions shall be inapplicable
unless agreed in writing by the Seller.
2.6 Nothing in these Terms and Conditions shall affect the Buyer's statutory
rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current
Price List or on the Seller's website or as contained in the Seller's
Quotation (as applicable) at the date of order or otherwise as agreed
between the parties. The price is exclusive of VAT and exclusive of delivery
charges. Errors or omissions may be corrected at any stage of the sale
contract. Prices are subject to change without notice. Quotations are
valid for two months unless otherwise specified.
3.2 Payment of the total purchase price (including VAT and any delivery
charges) must be made in full before dispatch of the Goods unless a specific
agreement for credit terms has been made between the parties in which
case these terms shall be incorporated into the contract.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller using Royal Mail
services or private carrier companies.
4.2 All Goods, wherever possible, will be delivered within 7 working days
of the order being placed and the Buyer shall make all arrangements necessary
to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated
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.
4.4 Some Goods may not be in stock at the time the order is placed. In
the event that the Seller is unable to deliver the Goods within the time
specified in Clause 4.2, the Seller will contact the Buyer to advise of
the situation and the Buyer shall be entitled to cancel the order and
receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
5 WARRANTY
5.1 The Seller warrants that the Goods will at the time of delivery correspond
to the description given by the Seller.
5.2 The Seller warrants that toner supplied as fit for a specific model
of machine will not damage that machine provided that all instructions
for use are complied with by the Buyer.
5.3 The Seller specifically excludes any warranty that colour toners will
match the characteristics in colour or other respects of the original
manufacturer’s toner supplied with the machine.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller within 30 days of delivery if the Goods are damaged
or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made the Goods shall be returned
by the Buyer to the Seller and the Buyer shall be entitled to replacement
Goods or a full refund (including delivery costs, if applicable) plus
any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the invoice number obtained
from the Seller on the package.
6.4 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.
6.5 Due to the ease with which electronic chips are damaged by static
electricity, chips will only be accepted for return if they are still
sealed within their original packaging.
6.5 Where Goods are purchased via the internet, by mail order or by phone
or fax, the Buyer has the right, in addition to any other rights, to cancel
the order and receive a refund by informing the Seller in writing or by
email within 7 working days of receipt of the Goods. Goods must be returned
at the Buyer's cost and should be adequately insured during the return
journey. Provided the Goods are in a saleable condition when received
by the Seller, the Buyer shall receive a refund of all monies paid for
the Goods (including delivery charges, if any) except for return postal
charges within 30 days of cancellation.
7 NO QUIBBLE GUARANTEE
In addition to the Buyer's statutory rights, the Seller guarantees all
Goods against faulty workmanship and materials for a period of 3 months
from the date of delivery.
In the unlikely event that one of our products proves faulty the Seller
will replace it at no cost to the Buyer, or refund 100% of the price the
Buyer paid.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury, however the Seller shall not
be liable for any direct loss or damage suffered by the Buyer howsoever
caused, as a result of any negligence, breach of contract or otherwise
in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer
or any third party for any indirect or consequential loss of profit, consequential
or other economic loss suffered by the Buyer howsoever caused, as a result
of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall 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 party shall be entitled to a reasonable extension of its
obligations.
10 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.
11 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.
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