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Terms
and Conditions of Sale
(This is the legal information, for a short, easy to understand
summary read "How
we work")
The following terms and conditions ("the Conditions")
are the terms on which ShopOnLion Ltd, Registered in England number: 4451755, registered office at 111 Eastney Crescent, Wolverhampton, WV8 1XW (the Seller) sells products
and supersedes all other terms and conditions relating to the
subject matter of these Conditions:
1.
Price and Payment
1.1 The price (exclusive of VAT,
if applicable, or any analogous sales tax, carriage, freight,
postage or insurance costs) for the Goods ("the Price")
shall be the price as stated on the list maintained by the Seller
detailing prices of the Goods as amended by the Seller from time
to time, or such other price as the parties may agree in writing.
1.2 Payment of the Price shall
be made by the Buyer on the date of Order for the Goods.
2.
Goods
2.1. All Goods shall be required
to conform to the specification in the Order for Goods by the
Buyer as accepted by the Seller's acknowledgement ("the Purchase
Order") or as otherwise expressly agreed in writing.
2.2. Any Order for Goods sent
by the Buyer to the Seller shall only be accepted by means of
the Seller's standard acknowledgement form and shall be deemed
to be accepted subject to the Conditions contained herein.
2.3. No Order shall be deemed
to be accepted until payment is received and goods have been dispatched.
2.4. Each Order for Goods accepted
by the Seller shall be deemed to be an individual legally binding
contract between the parties (no Order shall be deemed to be accepted
until payment is received and goods have been dispatched).
3.
Deliveries
3.1. The Seller shall deliver
the Goods to the Buyer at the address of the Buyer in the Purchase
Order. Time shall not be of the essence for delivery.
3.2. The Buyer shall be deemed
to have accepted the Goods upon their delivery.
3.3. All risk in the Goods shall
pass to the Buyer upon delivery
3.4. If the Seller is unable to
deliver the Goods for reasons outside its control, the Seller
shall be entitled, at the Buyer's expense, to place the Goods
in storage until such time as the Goods may be delivered.
3.5 The Seller does not claim
to have knowledge of all the various laws of importation into
every country. It is the importing clients' responsibility to
understand and comply with the laws of importation unique to their
specific countries. Further to this, very occasionally there are
unforeseen customs charges not covered by the shipping fee, these
charges are the responsibility of the receiving party.
4.
Title to Goods
4.1. The Seller warrants that
it has good title to the Goods and that it will transfer title
in the Goods to the Buyer pursuant to Clause 4.2.
4.2. Notwithstanding delivery,
title in the Goods shall not pass to the Buyer until the Seller
has been paid in full for the Goods. Nothing in this Clause shall
prevent the Seller from raising an action against the Buyer for
payment of the Goods.
5.
Damage in Transit
5.1 Upon serving notice within
48 hours of delivery to the Seller, the Buyer shall be entitled
to replacement Goods if the Seller is reasonably satisfied that
the Goods have been damaged during transportation.
6.
Guarantees
6.1. Where the goods have been
supplied by the Seller and are found to be defective, the Seller
shall repair or in its sole discretion, replace defective Goods
free of charge upon the following conditions:
6.1.1. The Buyer giving notice
of the defect within 5 days of the defect coming to the Buyer's
attention;
6.1.2. Such notice being served
within 30 days of delivery;
6.1.3. The defect being due to
the Seller's faulty design, workmanship or materials; and
6.1.4. The defect not having arisen
from the Buyer's failure to comply with the Seller's oral or written
instructions as to storage, installation, use or maintenance of
the Goods or in accordance with good trade practice.
6.2. Any Goods to be repaired
or replaced under Clause 6.1 shall be delivered to the Seller
at the Buyer's expense.
6.3. Where the Goods have been
manufactured and supplied to the Buyer by a third party the Seller
shall where possible pass on to the Buyer the benefit of any warranty
in respect of the Goods granted to the Seller by such third party.
7.
Limitation of Liability
7.1. Subject to the Seller's liability
under Clause 4 and subject to Clause 8 the Seller shall not be
liable to the Buyer for any loss (including loss of profit), costs,
damages, charges or expenses incurred by the Buyer or for any
loss or damage to or caused by the Goods.
7.2. Subject to this Clause 7
and Clause 8 all other conditions, warranties or other stipulations
concerning the Goods whether express or implied by common law
or under statute are excluded to the fullest extent permitted
by law, and, in particular, but without limiting the foregoing
generality, the Seller grants no warranties regarding fitness
for purpose, use, quality or nature of the Goods whether express
or implied by statute or common law.
7.3. Subject to Clause 8 the liability
of the Seller under this Agreement howsoever arising shall not
exceed the Price.
8.
General
8.1. Nothing in these Conditions
shall be construed so as to exclude or limit the liability of
the Seller for breach of the warranties contained in Clause 4
or for breach of warranty as to title and quiet possession implied
by the Sale of Goods Act 1979 where such Act applies to the contract
between the Seller and the Buyer for the sale and purchase of
the Goods incorporating these Conditions.
8.2. Nothing contained in these
Conditions shall be construed so as to limit or exclude the liability
of the Seller for death or personal injury as a result of the
Seller's fraudulent misrepresentation, negligent actions or those
of its employees or agents.
9.
Governing Law and Jurisdiction
9.1. This Agreement shall be governed
by and construed in accordance with the law of England and the
parties hereto submit to the non-exclusive jurisdiction of the
English Courts.
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