TERMS AND CONDITIONS
1.1 In these conditions ‘BUYER’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
`GOODS’ means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
`SELLER’ means North West Otdoors Ltd, West Argyle Street, Ullapool, IV26 2TY `CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context a otherwise requires) including any special terms and conditions agreed in writing between the Buyer and the Seller
`CONTRACT’ means the contract for the purchase and sale of the Goods
`WRITING’ includes facsimile transmission, electronic mail and comparable means of communication.
1.2 Any reference in the Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the contract with the Supplier up to 14 days from the date of order. The consumer is under a duty to restore goods to the supplier (if they have already been delivered) and in the mean time take reasonable care of them. The consumer must pay for the safe return of the goods to the Supplier, where the consumer does not return the goods then the consumer must pay the Supplier all reasonable charges to recover them.
The Supplier may deduct the cost of collecting the goods from any refund if the consumer fails to return the goods. The contract may only be cancelled in writing, either by fax or email, a telephone call is not enough.
Where a consumer exercises the right to cancel under the cooling off period, the goods should be returned or be available for collection with 5 days of the notice being given.
3. ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless payment has been taken by the Seller.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.3 Any order that has been accepted by the Seller may be cancelled before delivery or after delivery (so long as it is cancelled within 14 days of the order date)under the Distance Selling Regulations. Cancellations must be made in writing by fax, email, writing to our office .
Notification by phone is not sufficient.
3.4 Any ammendments or cancellations to orders must be received in writing by either fax/email. If no written confirmation is received then no changes will be made to the order and goods will be delivered as per the order.
4. PRICE OF GOODS
4.1 The price of the goods shall be the sellers quoted price on the website. Buyers shall make an offer to purchase the goods from the Seller by placing an order on the website. This offer to purchase does not constitute the sellers acceptance to supply the goods at the price shown. The contract shall be made at the point where the Seller takes a payment from the Buyer in total. Where there are delays in taking payment the price of the goods can not be guaranteed. The Seller will notify the buyer within 48 hours if the offer to purchase is not accepted.
4.2 Except as other wise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for the transport, packaging and insurance.
5. TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods until the Buyer has paid for them. Payment shall be due before the Delivery date and time for payment shall be of the essence.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods once a reasonable period of time has elapsed from date of delivery.
6.2 If the goods are thought to be defective after a reasonable period of time has elapsed then a replacement or repair may be offered if the goods are indeed found to be defective.
7.1 The Seller shall make delivery of the Goods to the Buyer as agreed by the Seller.
7.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date.
7.3 The Seller may elect to deliver the Goods on different days by different couriers. The Seller in the interests of convenience to the Buyer will keep these instances to a minimum.
7.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
7.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
7.4.2 sell the Goods at the best readily available obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7.5 The Goods shall be delivered to the Buyer at the Buyer’s address. The risk on the Goods shall pass to the Buyer upon such delivery taking place.
8.1 The Buyer hereby acknowledges and confirms that the Buyer shall keep confidential all information of a secret or confidential nature (except for that which is already in the public domain) in relation to the Seller or the Seller’s business which is disclosed to it or its advisors by the Seller or its advisors and will not without the Seller’s consent divulge such information.