Terms & Conditions

You must carefully read the following terms and conditions before continuing to use our website. Any continuation of use of our website will assume you have implicitly agreed to the following:

Application:

1. These Terms and Conditions are applicable to any transaction carried out by you (henceforth known as the Customer or you) and us (henceforth known as the Supplier or we or us).

2. By continuing to use our website and/or subsequently purchase Goods for us, you agree to the Terms and Conditions. You acknowledge that you are eligible to enter into a contract and are of at least 18 years of age.

Goods:

3. The description and technical information for all Goods is set out on the Website as well as other mediums (e.g.: catalogues, advertising banners, relevent documentation etc.) A description is for illustrative purposes only and there may be small variations in aspects of the Goods supplied.

4. In the instance of any goods made to a bespoke specification by you, it is your responsibility to ensure that all necessary information is accurate and correct.

5. All Goods are subject to availability.

6. We reserve the right to make any changes to Goods in order to conform to law, policy and/or any safety requirements. If such a case arises, we will notify you of these changes.

Personal Information:

7. Please refer to our Privacy Policy (Policy – Privacy and Cookie). It is by this that we strictly retain and use all information.

Terms of Sale:

8. The description and purchase of Goods on our website does not constitute a contractual offer to sell the Goods. We reserve the right to reject any order for any reason, although we will endeavour to notify you of the reason without delay.

9. The Order is the process by which you purchase Goods via our Website. At each individual step throughout the Order, you will have the chance to assess and amend any erroneous details before submitting the Order in full. It is your responsibility to ensure all information is correct before proceeding with the Order. We are not responsible for any incorrect information which you might have entered and failed to amend.

10. Upon receiving an email from us confirming your Order (Order Confirmation), you are giving us your confirmation to form the Contract. You must ensure that all Order details are correct and ensure that the Order Confirmation is complete and accurate, and inform us immediately of any errors that would need amending. We are not held responsible for any errors or inaccuracies placed by you during the Ordering process. You will receive an Order Confirmation within a reasonable time period from forming the Contract, but no later than delivery of any Goods supplied by the Contract.

11. Any quotations you receive are valid for a maximum period of 7 calendar days and no longer, unless otherwise expressly stated by us to you. We also reserve the right to withdraw the quote at an earlier time, but not without reason.

12. No variation of the Contract can be made after it is entered into, unless confirmed and agreed to – in writing – between the Customer and the Supplier.

13. We intend for these Terms and Conditions to only apply to the Contract entered into by you and us, and no further.

14. If the conditions of point 13. are not met or needs to be expanded upon, you must inform us so that we can provide you with an alternate contract which is more appropriate for both parties – Customer and Supplier. In some respects, this might be more appropriate for you, e.g. by giving you expanded rights as a business (in cases of Business to Business transactions).

Pricing and Payment:

15. The price of any Goods and additional charges will be set out plainly on the Website at the date the Order, or any other such prices that we may agree upon in writing.

16. Prices and charges include Value-Added Tax (henceforth known as VAT) at a rate suitable for the Good or charge, at the rate applicable at the time of Order.

17. You must pay via one of the payment methods listed on the footer of the Website. We can take payment immediately for the Goods or otherwise before delivery of the Goods.

Delivery:

18. We will aim to delivery all Goods, to your chosen Delivery Location within the reasonably agreed time period, or failing any agreement, within 30 days after the day on which the Contract is entered into. This excludes any alternative Delivery Agreements agreed between the Customer and Supplier, or whereby delivery time frames are expressly set out to be alternative, e.g. lead times for made-to-order goods.

19. In any event, regardless of events beyond our control, if the Goods are not delivered in the time frame agreed upon (in addition to all other remedies), you can consider the contract at an end if:

a. we have refused the delivery of Goods, or if timely delivery is essential taking into account all relevant circumstances at the time the Contract was made and agreed upon, or you have notified us – in writing – that timely delivery was essential; or

b. after we have failed to delivery on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that time period.

20. If you treat the Contract as at an end under the aforementioned conditions laid out in section 19 and subsequent expansions, we will (in addition to all other remedies) promptly return all payments made under the Contract.

21. If you were entitled to treat this Contract as at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such Goods that have been cancelled or rejected. If the Goods have been delivered, you must afford us the opportunity to collect these Goods from you, or otherwise return them to us. In this instance, we will pay for the costs associated with this scenario.

22. If any Goods form a commercial unit (a unit in which a Good holistically relies on the sum of its parts in order to make up the value of Goods or character and use of the unit), you cannot under any circumstance reject the order for some of the Goods without also cancelling or rejecting the Order for the rest of them.

23. We do not generally deliver to any addresses outside of the UK Mainland. If, however, we do accept an Order for delivery outside the specified area, you may need to pay import duties or other taxes and charges, as these will not be covered by us.

24. You agree that we may deliver the Goods in installments if any genuine and fair reason occurs, e.g. shortage of stock, subject to the above provisions and provided you are not liable for any extra charges.

25. If you or your nominee fail, through no faults of ours, to accept delivery for the Goods at the specified Delivery Location, we reserve the right to charge for the reasonable costs of storing and/or redelivering them.

26. The Goods will become your responsibility upon completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting and notifying us of any issues that may arise.

Ownership and Risk of Goods:

27. All Goods remain the property of A S Supplies (Retford) Ltd. until payment is received in full. If payment is overdue, or other factors apply, e.g. your bankruptcy, or steps towards such, we can choose, by notice to cancel any outstanding delivery or deliveries, and end any right you may have to use the Goods still owned by you, in which case you must return the Goods to us, or allow for their collection.

28. Any risk of damage or loss of any Goods will pass on to you upon successful delivery of the Goods.

Rights to Withdrawal and Cancellation:

29. You can withdraw the Order at any time before the Contract is formed and agreed upon, if you wish to do so for whatever reason, and without incurring any liability.

30. You can cancel the Contract for any Goods except for those which are made to your bespoke specification and/or special requirements by telling is no later than 28 calendar days from the day upon which the contract was entered into, without giving us a reason and without any liability. The following applies:

a. you must return to us any Goods in an undamaged and resalable condition, at your own expense; and

b. we must then, without delay, process the return payment for any Goods received back to us, minus any separate delivery charge. This does not affect you Statutory Rights, e.g. in instances of defective or damaged Goods, or incorrect Goods sent.

31. Your right to cancel – As subject to those stated in these Terms and Conditions, you have a right to cancel this Contract within 28 calendar days without any given reason.

32. Once 28 calendar days have passed after you or a nominee have acquired the last of the Goods supplied in this Contract, the cancellation period will expire. In a Contract whereby we supply a Goods over a period of time – e.g. a subscription – your right to cancel will expire 14 days after the first delivery.

33. To conduct the right to cancel this Contract, you must inform in written statement, e.g. by postal letter or by email. This must clearly contain the date upon which you have opted to cancel this Contract.

34. You can also request your right to cancel either on the Website or by phone. If you chose to do so by this method, we will promptly send receipt of the cancellation notice via email, or your specified preferred method of communication.

35. In order to meet the cancellation deadline, we request that you action your choice to do so at your earliest convenience, provided it is received by us before the cancellation period expires.

36. Except for instances detailed below, if you opt to cancel this Contract within the specified cancellation period, we will return all payments to you, including the cost of delivery (barring any additional costs if you opt for a delivery method other than the least expensive type of standard delivery offered by us).

37. We may also take a deduction for the reimbursement for the loss in value in any Goods supplied, if the loss is the result of unnecessary handing by you (e.g. handling beyond that which might be reasonably allowed for in a shop). This is because you are liable for that loss and if the reimbursement is not made, you must pay us for the amount of that loss.

38. If you have received Goods in accordance with the Contract which has since been cancelled, you must return all Goods back to us without delay in any event no later than 14 calendar days from the day upon which you have decided to cancel the Contract. The deadline will be considered met if you have sent the Goods back within the aforementioned 14 calendar day period. You recognise that you are responsible for the cost of returning the Goods in question.

39. We take upon ourselves the legal duty to supply the Goods in conformity with the Contract, and will have failed in this conformity if it does not meet the following obligations:

40. Upon delivery, the Goods will:

a. be of satisfactory quality;

b. be reasonably fit for the particular purpose in which it is designed for and;

c. conform to their description.

41. It is not a failure to conform if any potential issues arise from misuse of the product or your own materials.

42. In the event of any failure by either party because of a situation beyond its own, reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party’s obligations will be suspended so far as reasonable, provided that the party in question acts reasonably and responsibly, and will not be liable for any failure which is beyond its control.

c. the Supplier will act on behalf of the Consumer in instances which require communication between between either party and a product’s Manufacturer.

d. this does not affect your Statutory Rights as a Consumer or the agreed upon expanded rights for Business to Business sales.

Privacy:

43. You privacy is of the utmost importance to us. We respect your right to privacy and comply with the various policies and laws applicable to Privacy Rights.

44. These Terms and Conditions should be read and agreed to in addition to our Privacy and Cookie policies, as found on the Website (see: Policy – Privacy and Cookie).

45. For any questions or complaints regarding data and information privacy, please email: [email protected]

Exclusion of Liability:

46. The Supplier does not exclude liability for the following:

a. any fraudulent act or omission; or

b. the death or personal injury pertaining to or caused by negligence or misuse of Goods supplied, or breach of the Supplier’s other legal obligations.

47. Subject to section 46, the Supplier is not liable for;

a. loss which was not reasonably foreseeable by either party, to both parties, at a time when the Contract was made; or

b. loss, e.g. loss of profit, to the Customer’s business, trade or profession which would not be suffered by a Consumer – because the Supplier believes that Customer is not buying the Goods mainly for use within the respective business, trade or profession.

48. The Contract (including non-contractual obligations) is governed under the Law of England and Wales.

49. Disputes can raised and submitted a the jurisdiction of the courts of England and Wales, or where the Customer resides in Scotland and Northern Ireland, in the courts respective of these geopolitical areas.

50. Additionally, try to avoid dispute in this regard and prefer deal with complaints directly. If you have any issue, do not delay in contacting us either in writing, by email, by phone or in-person.

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© A S Supplies (Retford) Ltd. 2021. Registered no 09811113.
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