CONDITIONS OF SALE
1...GENERAL...save as expressly set out below and to the extent permitted by law, the Company shall have no liability for loss or damage however arising in respect of any goods supplied by the Company to any person.
2...APPLICATION...these conditions alone shall govern and be incorporated in every contract for the sale of goods made by or on behalf of the company with any person ("The Customer"). They shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these conditions) contained or referred to in any documentation submitted by the customer or in correspondence or elsewhere or implied by trade custom, practice or course of dealing unless specifically excluded or varied in writing by a director or other authorised representative of the company and any purported provisions to the contrary are hear by excluded or extinguished.
Acceptance by the customer of delivery of the goods shall (without prejudice to condition 3 or any other manner in which acceptance of these conditions may be evidenced) be deemed to constitute unqualified acceptance of these conditions.
If subsequent to any contract of sale which is subject to these conditions, a contract of sale is made with the same customer without any reference to any conditions or sale or purchase, such contract howsoever made shall be deemed to be subject to these conditions.
3...QUOTATIONS AND ACCEPTANCE...a quotation by the company does not constitute an offer and the company reserves the right to withdraw or revise that same at any time prior to the companies acceptance of the customers order.
4...TIME LIMITS...any time or date for delivery named by the company is an estimated only, and whilst the company will make every endeavour to meet such delivery time or date, the company shall not in any event be liable for the for the consequences of any delay no matter how arising.
5...DESCRIPTIVE MATTER, ETC...all descriptive and forwarding specifications drawings and particulars of weights, dimensions and performed issued by the company are approximate only, and are intended only to present a general idea of the goods which they refer and, as such, they shall not be relied upon as a basis for entering nor form part of any contract between the company and customer. The company reserves the right to improve, modify or amend any design without prior notice.
6...FITNESS FOR PURPOSE...the customer shall, in determining the fitness for the purpose(s) of goods supplied or to it by the company, rely entirely on its own skill and judgement and not on that of the company.
7...WARRANTIES...except as stated below, and to the extent permitted by law, the company gives no warranty, express or implied (whether by statute or otherwise) as to the life or wear of the goods supplied, not that they will be suitable for any particular purpose or use under any specific conditions, whether or not that purpose or those conditions are known to the company.
8...DEFECTIVE GOODS...except as stated below, and to the extent permitted by law, goods which the customer claims to be defective shall not form the subject of any claim for any loss, damage or expense of any kind arising directly or indirectly from those defects. If the customer returns goods to the company on the grounds that they are defective and the company agrees that they are defective goods, the company will either replace them with goods of the same type or will, as its discretion, or issue a credit note for the amount in question minus any relevant handling charges or costs incurred by us the company. Any goods which the customer claims to be defective, must be returned to us the company at the expense of the customer within 7 days of the date on which they were delivered to you the customer or the company will not entertain a claim under this clause. Any defects of quality or specification in any goods shall not give the customer any grounds for concealing the remainder of an order or contract, nor shall it be grounds for delay in payment for goods already delivered.
9...LOSS OR DAMAGE IN TRANSIT...the company will not entertain any claim for damage in transit shortage of delivery or loss of goods unless the customer follows the instructions set out in this clause. (a)...in respect of damage in transit or shortage of delivery the customer should give a separate notice to both the railway executive or the carrier concerned and to the company within three days of the receipt of goods within five days of the receipt of the goods the customer should make a complete claim in writing to the company. (b)...in respect of loos of goods the customer should give a separate notice in writing to the railway executive or carrier concerned and the company the customer should make a complete claim in writing to the company writing ten days of the date of consignment. If the customer accepts goods from the railway executive or the carrier concerned without or examine the goods the delivery book of the railway executive or carrier concerned must be signed not examined. The following details should be sent to the company in event of damage in transit shortage of delivery or loss of goods. Advise note number carriers name conditions of package date of consignment received date carrier advised and extent of damage or shortage.
10...DELIVERY...unless otherwise specified on ordering by you the customer, the company will arrange for the goods to be delivered subject to a carriage charge of £4.99 inc vat to England, Scotland and Wales. Ireland, European and International delivery charges shall be advised upon receipt of the order placed and charged relative.
11...PACKAGING...if the company supplied goods in special packing materials the company will invoice the customer or such materials if they are not returned in good condition carriage paid to the company within one month of the delivery of the goods in which they were packed.
12...PRICES...the prices payable for the goods shall be those set out in the companies list prices at the time of despatch.
13...MININUM ORDER...the minimum order value accepted by thebigwhite.co.uk is £10.00. The company shall have the right at any time to withdraw any discount from its normal prices and-or to revise prices to take account of inflation and-or increase in costs including (without limitation) costs of any goods materials carriage labour or overheads the increase or imposition of any tax or other levy and any variation in exchange rates. Unless otherwise specified vat and any other tax or duties payable by the customer are included in the price.
14...PAYMENT...unless otherwise agreed in writing payment in full is due in respect of any goods sold not with standing any claim (of whatever nature) which the customer may have against the company. Unless otherwise expressly stated in writing by the company prices are due and payable in united kingdom sterling by proforma invoice terms.
15...OVERDUE ACCOUNT...the company shall if it wishes be entitled to give notice in writing to the customer to charge interest on overdue accounts the interest run from the date on which that notice was given. The rate of interest shall be 2% per annum over fortis bank lending rate from time to time in force monthly rests. The company can exercise this right in addition to any other rights it may have in respect of the goods or non-payment.
16...SUSPENSION OF DELIVERIES...the company shall be entitled to suspend deliveries of goods under and-or any other contract that the customer may have with the company if any account becomes overdue account. If any overdue account remains unpaid for 7 days after it became an overdue account the company shall have the further right after the company has demanded payment to cancel this and-or any such other contract in either case without prejudice to any other right the customer may have.
17...PROPERTY...(a)...no legal property in or beneficial ownership of the goods supplies to the customer under any contract the customer may have with the company shall pass from the company to the customer unless and until the customer had made full and complete payment to the company (i) all sums due from the customer to the company un respect of such goods and (ii) all other sums due from the customer to the company on any account whatsoever. (b)... notwithstanding anything contained in this clause the goods are to be at the risk of the customer at all times after they have been delivered to or collected by the customer. (c)...if any sum due from the customer to the company on any account whatsoever remains unpaid after the company has given to the customer 2 days written notice of his intentions to exercise his rights under this condition or if the customer becomes insolvent the customer shall be deemed to have repudiated the contract. More over the company shall be entitled to terminate the contract or contacts in respect of which the outstanding sum is due and all other subsisting contract that the customer may have with the company to forfeit any sum paid to it by the customer in respect of any goods which the company retained title and which remain in the possession of or under the control of the customer and to recover such goods if necessary by entry into and removal of such goods from the customers premises without prejudice to any other claim which the company may have against the customer.
18...RETURN OF GOODS...return of goods shall be subject to the laws of internet sales and trading enforced at the time of the order placed, you the customer have a right to cancel your purchase, however, to exercise this right you must notify thebigwhite.co.uk in writing :email or letter: within 14 days from the day you receive your goods. thebigwhite.co.uk will then contact you to arrange the return of your goods and will email you a :returns authorisation form: for you to complete and sign and return by post or email. A telephone call is not a valid cancellation. No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations once you have used your product, unless the product is defective and you are returning it for this reason. The costs to the customer of returning the goods is non refundable nor claimable from thebigwhite.co.uk unless agreed firstly and relevant documentation has been issued. Full responsibility of the condition of goods being returned to thebigwhite.co.uk shall be placed with you the customer, therefore any damages caused in transit or by the chosen courier service on returning the goods to thebigwhite.co.uk are the full responsibility of you the customer of which thebigwhite.co.uk shall not accept any responsibility, any damages to the returned goods by you the customer or your chosen courier service providers shall be deducted from any refunds to be given by thebigwhite.co.uk this is non negotiable. After the alloted returns time period has expired a handling charge amounting to not less than 50% of the invoiced gross value not including original carriage charges shall be charged on returned goods still within the original packaging and unopened, and not less than 75% of the invoiced gross value not including original carriage charges shall be charged on returned goods where the original packaging has been opened (even if re-sealed) tampered with or defaced in any manner, the decision of which is to be made by thebigwhite.co.uk and no other persons. These charges shall be deducted from any refund or credit note allowed in respect of the returned goods where the reason for the return of such goods is not by reason of the provision of condition 8 or through any error on part of the company. All goods to be returned to thebigwhite.co.uk through change of mind or reasons stated previously, must be returned within a time period of no more than 14 days of the delivered date to you the customer recorded by us the company via the relevant delivery service employed. All responsibilities of the couriers commissioned to return the goods are of you the customer, any damages incurring costs of goods returned shall be deducted from the remainder of the credit due to the returnee.
19...HANDLING CHARGES...where a product has been purchased and the decription and specifications are correct on thebigwhite.co.uk but you the customer then no longer require, a handling charge will occur of 30% of the gross value of the original order minus the delivery fee as this is a charge incurred by us the reseller by our supplier as part of their terms and conditions upon placing you the customers order with them.
20...FORCE MAJEURE...the company may wholly or partially suspend deliveries and add to original contract the time of such suspension in the event of a stoppage delay or interruption of work in circumstances beyond its reasonable control including (without prejudice to the generality of the foreging) strikes lockouts trade disputes breakdown or accident.
21...CREDIT ACCOUNTS...non applicable.
22...EXPORT...any goods purchased by the customer from the company must not be offered or sold for export outside the European community and any enquiries or orders for such export must be placed directly with the company so that the company can decide on the most appropriate course of action to take with regard to that order.
23...PATENTS...if any claim is made or any action brought against the customer in respect of infringement of British or other patents by the use of sale of goods supplied by the company the customer must notify the company immediately of that claim or action as the case may be. The customer must provide for the company a copy of any writ or other process and continue to keep the company fully informed of the progress of any such claim or action.
24...PRICE MATCH...when a purchase is made from thebigwhite.co.uk price match is only applicable to products displayed by other on-line suppliers and not retail or wholesale based outlets. Price match is only applicable to other on-line suppliers original on-line prices and is not applicable to promotions, sales or clearance lines whether on-line or advertised at the time of purchase from thebigwhite.co.uk. When claiming "price match" full information with documented proof of your claim must be presented to thebigwhite.co.uk from the customer via email to infothebigwhite.co.uk within 1 day of the purchase. 24 hours from purchase is the allotted timescale for which price match is applicable to you the customer. On acceptance of the claim thebigwhite.co.uk shall refund the amounts due to the customer onto the original credit/debit card used for the purchase, these funds shall be no greater than the accepted claim by thebigwhite.co.uk and any future refunds for the product claimed for shall only be liable for the balance after the refunded price match amounts have been deducted from the original purchased price.
25...CUSTOMER DETAILS...when contact and or delivery details (correct or incorrect) have or have not been left on thebigwhite.co.uk in conjunction with an order placed they are the responsibility of you the customer, therefore if any orders dispatched by thebigwhite.co.uk to the given destination by you the customer are incorrect the costs of the return and re-dispatch of the order is the liability of you the customer. In the case where an order has been placed with thebigwhite.co.uk and payment details have been given by you the customer but contact, dispatch and delivery details have not been given the order shall be placed and payment taken by thebigwhite.co.uk and we shall hold the goods until you the customer contact us with full details for the dispatch of your order (Note...We shall not be able to contact you the customer if no details have been given) . No responsibility shall be taken by thebigwhite.co.uk regarding contact or delivery details given by you the customer but orders shall be honoured and charged to the relevant payment methods given by you the customer.
26...LEGAL CONSTRUCTION...these conditions of sale shall be governed by English law and any dispute or difference in connection with these conditions shall be submitted to the jurisdiction of the English courts.
27...Copyright © The contents of this site and other publications are owned or licensed to thebigwhite.co.uk or are used with permission by the owner, Reproduction strictly by permission only.