| 1.0 |
DEFINITIONS
|
| 1.1 |
The Company means Baker Ross Limited. |
| 1.2 |
The Purchaser means any person, firm, company or organization who is trading with
the Company. |
| 1.3 |
Goods means the article(s) which the Purchaser buys or agrees to buy from the
Company. |
| 1.4 |
Working day means a day which is not a Saturday, Sunday or Bank/Public holiday in
England or Wales. |
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| 2.0 |
ACCEPTANCE
|
| 2.1 |
All orders are accepted subject to these Terms and Conditions of Trade unless
otherwise specified and agreed in writing by the Company. |
| 2.2 |
The Company has a policy of continuous product development and therefore reserves
the right to alter specifications and designs without notice. |
| 2.3 |
All goods ordered must be in the original quantity as specified in/on
the catalogue/website. |
| 2.4 |
The Company reserves the right to cancel orders for items unavailable or sold out and
refund by credit note which may be redeemed for other goods or a refund. |
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| 3.0 |
PRICE
|
| 3.1 |
The price of the goods shall be the price currently being charged by
the Company at the date of despatch of the goods, E. & O. E. plus
delivery charges. |
| 3.2 |
The Company reserves the right, on or at any time after the acceptance of an order,
to charge the Purchaser the relevant delivery charge, or any outstanding proportion
thereof, prevailing at the time of despatch of the goods, where the purchaser has not
paid the relevant delivery charge for that order. |
| 3.3 |
All prices are inclusive of VAT, at the applicable rate (except for overseas orders, details
upon request). The Company reserves the right to increase prices if the standard VAT
rate should increase. |
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| 4.0 |
TERMS OF PAYMENT
|
| 4.1 |
Payment must be made with order unless otherwise agreed in writing. |
| 4.2 |
The Company reserves the right to refuse any order or credit account application from
the Purchaser at its discretion or to request a part payment. Credit account facilities are
not available to private individuals. |
| 4.3 |
Credit accounts must be paid Nett one month from date of invoice or 7 days after event
date or according to settlement date shown on Invoice/Order Form. Minimum order
value to open a credit account is £50.00. |
| 4.4 |
The Company reserves the right to charge interest on overdue accounts of 2.50%
above the prevailing Barclays Bank Plc lending rate per calendar month and suspend
despatch of goods ordered. Any administration costs/collection charges/court costs/
legal fees incurred in recovering overdue amounts will be charged to the Purchaser. Any
Purchaser who makes late payment for goods supplied must accept responsibility for
payment of these charges. |
| 4.5 |
The Company reserves the right to charge an administration fee, details of which are
available upon request, and which may be varied from time to time, for processing
dishonoured cheque and/or credit card payments, and such fee will be charged to the
Purchaser together with any collection costs/court costs/legal fees incurred in obtaining
payment. |
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| 5.0 |
OWNERSHIP OF GOODS
|
| 5.1 |
Ownership and title of any goods supplied remains with the Company until such time
as the Company has received payment in cleared funds from the Purchaser of all sums
of money outstanding. |
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| 6.0 |
DELIVERY
|
| 6.1 |
All delivery times quoted are intended as a guide only. Whilst the Company will take all
reasonable steps to ensure that estimated delivery times are met, the Company will not
accept any liability whatsoever for delays caused by events beyond our control whether
from carriers or suppliers or for any consequential loss of profit as a result.
|
| 6.2 |
Unless otherwise required, the Company may hold any order(s) where
an item is out of stock until all items on that order(s) are available. |
| 6.3 |
The Company reserves the right, where payment for goods ordered
has been made by cheque, to hold any such order until the Company
has received confirmation that the cheque has been cleared and the
funds paid to the Company, and at its discretion despatch the order
only after such confirmation, which can take up to 10 working days,
has been received. |
| 6.4 |
The Company reserves the right not to deliver orders if the Company believes the
address is not secure e.g. to a communal postal address or P.O. Box. |
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| 7.0 |
SPECIFICATIONS
|
| 7.1 |
All possible care has been taken to ensure that every item shown in/on
the Company's catalogue/website is accurately described. All sizes quoted in/on the
catalogue/website are approximate. |
| 7.2 |
The Company makes every effort to supply goods as illustrated, but items may be
subject to deletion or substitution as and when necessary at the discretion of the
Company. |
| 7.3 |
The Company reserves the right to offer an alternative free gift of an equivalent value
in the event that the advertised item is no longer available. Qualification for free gift is
based on order value excluding delivery charges. |
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| 8.0 |
SUITABILITY
|
| 8.1 |
No liability is accepted for any loss or damage, however caused, resulting from the use
of our products, whether for injury, profit or date loss. Every reasonable care is taken to
ensure that products are suitable for the use intended and described accordingly. |
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| 9.0 |
RETURN OF GOODS
|
| 9.1 |
Goods returned for refund or credit must be received by the Company in perfect
saleable condition and in their original, undamaged packaging and in the original
quantity as specified in/on the catalogue/website, within 14 days of receipt. The
Company will consider the overall condition of the goods being returned when making
a refund and reserves the right to withhold a percentage of the refund value of returned
goods if they are not in suitable condition for resale at their original catalogue price. The
Company will not be liable for any carriage or costs incurred in returning goods unless
they are defective or have been sent in error. |
| 9.2 |
The Company makes every effort to process refunds as quickly as possible but
refunds may take up to 30 days. No liability is accepted by the Company for any cost
or charges incurred by the Purchaser which may arise due to a delay in processing a
refund. |
| 9.3 |
Tombola Sale or Return. The Company will not be liable for any costs or carriage
incurred in returning goods. The Purchaser is responsible for all such charges. |
| 9.4 |
The Company recommends that proof of despatch is obtained for any goods returned
in case of loss in transit. |
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| 10.0 |
CLAIMS
|
| 10.1 |
Claims for shortage(s) or damage must be made in writing or by e-mail and received
by the Company within 7 days of delivery of the goods. Although every effort will be
made by the Company to rectify shortage(s) or damaged goods we do not accept any
responsibility for consequential loss of profit. |
| 10.2 |
Notwithstanding any other provision contained in these Terms and Conditions the
Company shall have no liability whatsoever whether in contract, tort (including
negligence) or otherwise for any incidental, special, indirect or consequential loss or
damage including but not limited to loss of income, loss of profits or loss of opportunity,
arising out of or in connection with the performance of its obligations under these
Terms and Conditions, including such damages as may be reasonably foreseeable at
the date hereof. |
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| 11.0 |
GENERAL
|
| 11.1 |
Any information or data supplied in leaflets, inserts or helpful hint sheets is meant as a
guide only. |
| 11.2 |
Catalogues are supplied free of charge to UK addresses only. However, for multiple
quantities a charge may be levied. The Company reserves the right to amend this policy
at any time. |
| 11.3 |
If any provision of these Terms and Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other provisions of these
Terms and Conditions and the remainder of the provision in question shall not
be affected. |
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| 12.0 |
GOVERNING LAW
|
| 12.1 |
The Governing Law is that of England and Wales. |