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"Us", "Our(s)" or We means ESG-JETI-FIALA UK. You, Your(s) or Yourself means you the Purchaser Products or Services means the goods supplied by Us
All products and services purchased from us are subject to these terms and conditions as outlined below, unless varied in writing by us.
Misrepresentation Act 1967
Technical Data and Information contained on-line, technical publications or within catalogues are for guidance only and we will not be held responsible for any misinterpretations or mistakes due to such information. we will not be held liable for verbal advice given other than in the case of fraudulent information.
Acceptance of Order
These conditions shall govern the terms upon which we shall supply the products and if applicable, the Services, so that any conditions contained in or referred to in your purchase order shall not bind us unless we expressly agree in writing to vary these conditions. An order is not accepted until we send written acknowledgement to the purchaser, or part or all of the products are despatched. we reserve the right to terminate or withdraw any order for whatever reason we sees fit, without explanation to the purchaser.
Product and Information Alterations
We reserve the right to withdraw or make alterations to our products without notice or liability. We reserve the right to substitute goods within your order with goods of an equivalent nature. If you do not wish to accept the substituted goods then the products must be returned to us within seven days of receipt, in line with our right to cancel policy. Some products may require final assembly by the purchaser.
Return of Faulty Goods Policy
We want you to be happy with your purchase. However, if you wish to return your order, you can return it, just send the item back in its original condition and packaging. We strongly recommend that you use a recorded delivery service as responsibility for the goods remains with you until they have safely been returned to us. In the unlikely event that a product purchased from us is faulty, we will offer you the choice of a full refund or a replacement. This, however, will only be relevant if the item is returned to us in its original condition and packaging. We will then follow manufacturers guidelines to access the product and then contact you with either a replacement item or a full refund. In the event of the item being replaced, it will be dispatched to you free of charge. If you opt for a refund, we will also reimburse you for the cost of returning a faulty item to us. Before returning any item to us, please email us with the product description and fault in order to obtain a Goods Return Number (GRN).
The Right To Cancel
We offer a no questions asked returns policy. As a customer you have the right to cancel your goods up to seven working days after delivery. Your seven day cooling off period commences on the first day after receipt of the goods. All you have to do is contact us in writing within this period if you wish to return any of the products. We will then contact you and issue a Goods Return Number (GRN.) Your goods must be returned to us in their original condition and packaging and at your expense. We strongly recommend that you use a recorded delivery service as responsibility of the goods remains with you until they have been safely returned to us. A full refund including the initial delivery charge will commence within 28 days. Refunds will be made via the original payment method.
Delivery and Risk
Orders can only be taken for delivery to addresses in mainland Britain. If you require us to export an order contact us via e-mail with your requirement and a delivery destination and we will e-mail a quotation by return. Unless otherwise specified delivery shall be deemed to take place when the products are delivered to your premises, or an alternative delivery address as specified by the purchaser. A charge may be made for delivery. Any such charge will be detailed at the point of order, although this may be subject to change. Should this delivery cost change the purchaser will be informed in writing before the goods are dispatched. Should the new price be unacceptable to the purchaser, we will accept a written cancellation of the order, without penalty. All products despatched by us will be delivered by a method of transport selected by us, in the absence of contrary agreement with the purchaser. Products are at the risk of the purchaser from the time of despatch and the purchaser is fully liable for the invoice value. Claims for incorrect delivery, shortages or damage to goods in transit and other discrepancies must be notified in writing to us within 7 days of delivery. after this time they may not be considered. Claims for non-delivery will also be considered if notified to us within 3 days of the date of despatch shown on the invoice. we are not liable for any loss or damage to products returned for repair or credit. Except when we agree to repair them under warranty and the purchaser sends separate written advice to us at the date of despatch and is not negligent in the packing, addressing or choice of transport for the products returned. The purchaser agrees to pay for any loss, or extra cost incurred by us through the purchasers instructions, or lack of instructions, or through failure, or delay in taking delivery, or through any act or default on the part of the purchaser, its servants, agents or employees.
We are not liable for any damage to property or consequential loss, e.g. loss of product, loss of profit, loss of goods in store which arises by defects or delays in delivery of products irrespective of the cause, including faulty manufacture.
We reserve the right to change, modify, remove or substitute without notice any information shown on the web site from time to time. Prices and availability are subject to change. To the extent permitted by law, we shall not be liable for direct, indirect or consequential loss or damage arising out of the services or products sold from or referred to in this website, or from the use or inability to use any of the information contained or accessed from this website. We will not be liable for any loss or damage related to any business, such as loss of data, loss of profits, business interruption or any other indirect, special or consequential loss or damage caused to that business. We will not be liable for any delay or failure to perform our respective obligations under this contract due to circumstances beyond our reasonable control. If any of these terms or disclaimers shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The price payable by the purchaser is the list price prevailing at the time of despatch less any agreed discount. we are entitled to alter prices and discounts without notice prior to despatch.
Payment of the total contract price in British Pound Sterling is to be made with your order either by credit/debit card, Paypal account, Bank transfer or by other means previously authorised by us. Invoices will not be raised prior to the date of delivery. Your order will be confirmed by e-mail and the goods despatched once your payment has been received. All transactions are to be paid for in UK Sterling Currency.
There is a minium delivery fee of £5 Plus VAT within England & Wales for all orders, apart from Larger items. No deliveries are made on Sundays or bank Holidays. Deliveries to Isle of Wight, Channel Islands, Isle of Scilly, Isle of Man, Republic of Ireland, Northern Ireland and Scotland are dependant on consignment size and weight - please contact us for a delivery cost.
Suitability of Products
We make no representation that any product or service referred to in this website will be appropriate for use in locations other than those implied. It is the responsibility of the Purchaser to locate, use and maintain equipment in accordance with their responsibilities.
Access to Web Site
There is no charge imposed by us for access to this web site, but you, the user, or the Purchaser must pay the cost of the communications link you use to visit. Access to this web site may be suspended, restricted or terminated at any time, without notice.
Accuracy of Information
We accept no responsibility for the information or practices presented in this website or other information, practices or products of other parties linked to this website. The Purchasers dealings with such persons found via this web site are between the Purchaser and such persons, and we will not be liable for any loss or damage arising out of such dealings.
THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS. All our Products are guaranteed for a minium period of twelve months from the date of delivery against defects in design, materials or workmanship. If there are any such defects then we shall, at our option and expense, repair or replace the defective Products free of charge provided that the Products have not become defective for any other reason, such as accidental damage or a failure to use or install them in accordance with our instructions.
Terms of Payment
Invoiced prices are inclusive of VAT and unless otherwise agreed in writing are payable at the point of order and before the goods are despatched. If, for whatever reason, goods are despatched to the Purchaser before full payment is received, the following conditions apply, without prejudice to any other rights or remedy available to us, we are entitled to (a) Cancel the contract or suspend any further deliveries to the Purchaser, (b) charge the Purchaser interest (both before and after any judgement) on the amount unpaid at the rate of 5% per annum above HSBC Bank rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest.)
Transfer of Ownership
We remain the owner of the products until we receives full payment of the price invoiced. Until such time as ownership in the products passes to the Purchaser, we are entitled at any time to require the Purchaser to return them to us and if the Purchaser defaults, to enter the premises where the products are stored and repossess them. The Purchaser is not entitled to pledge or charge in any way the products which remain owned by us and if the Purchaser does so all monies owning by the Purchaser to us shall immediately become due and payable without prejudice to any other right or remedy of us.
No alteration or variation of the Agreement shall have effect unless in writing and signed by the Purchaser and a Partner on behalf of us.
We shall make every effort to comply with our obligations but we cannot he held responsible for circumstances which are beyond our reasonable control. If We are unable to perform our obligations by reason of any such force majeure event, then We shall give You notice in writing of the circumstances giving rise to it, and after a period of three months either of us shall have the right to terminate any order by giving notice to the other without any liability except for sums accrued due under the Contract.
If either of us shall be in breach of our obligations under the order then the other may within seven days notice in writing terminate the order.
We shall be entitled to terminate the order immediately without notice if you enter into liquidation, receivership, administrative receivership or you make any arrangement or composition with creditors, or if you are an individual, any petition or receiving order in bankruptcy shall be presented or made against you.
If either of us shall terminate the order in accordance with its terms then such termination shall be without prejudice to our respective accrued rights and obligations.
Any order is personal to You and or Your company and may not be assigned or otherwise transferred without Our written consent.
These terms and conditions shall be governed, construed and shall take effect in accordance with the laws of England, and shall be subject to the non-exclusive jurisdiction of the English Courts.
Nothing in these terms and conditions shall affect the statutory rights of a consumer.