1. DEFINITIONS AND INTERPRETATION
1.1. In these Conditions: CONTRACT – means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated; CONDITIONS – means the standard terms and conditions of sale set out below including any special terms and conditions confirmed in writing by us; GOODS – means the goods and/or services which we shall supply in accordance with these Conditions under an order which is accepted; WE – means The Firm of Thomas Young and “us” and “our” shall be construed accordingly; YOU – means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly.
1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3. Unless expressly stated otherwise where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.4. Where our prior written consent is required in these Conditions we shall not unreasonably withhold or delay in giving that consent.
2. BASIS OF SALE
2.1. These Conditions and the terms of the Returns Policy shall set out the entire agreement and apply to all Contracts between us for the sale of Goods.
2.2. All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
2.3. We reserve the right to withdraw any offer or special promotions displayed on the website that in the opinion of The Firm of Thomas Young is being abused. However in the event that you have already placed an order that we have accepted we will provide you with a full refund for any money received.
3. ORDERS AND SPECIFICATIONS
3.1. Your order represents an offer to purchase the Goods which is accepted by us when we dispatch the Goods to you. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods.
3.2. If we reasonably believe you are intending to resell the Goods (whether on e-bay or otherwise) we reserve the right to refuse your order. However, in the event that we do accept your order we will be entitled to treat you as a commercial customer and as such:-
3.2.1. the rights afforded in Clause 10 relating to the right to cancel will not apply; and
3.2.2. the terms of our “returns policy” will be withdrawn and we will only accept returned Goods within seven (7) days of dispatch if they were defective at the time of receipt.
3.3. You shall be responsible for ensuring the accuracy of the terms of an order submitted by you and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
4. PRICE OF GOODS
4.1. The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2. While we try to ensure that all prices on our website are accurate errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled you will receive a full refund.
4.3. In the event that we are unable to supply the Goods at the price, specification or by the delivery date stated in the order, we will where possible notify you ofany changes in the price or date and were the Goods ordered are not available we may offer you substitute goods. In the event that the substitute goods are at a different price you will be asked to re-confirm your order at the new price. You are not obliged to accept any substitute goods and will be entitled to receive a full refund for the Goods which we are unable to deliver or are not acceptable.
4.4. The price is inclusive of any applicable Value Added Tax (at the rate from time to time in force) and any packaging or delivery costs for which you shall be liable will be confirmed after your order has been placed.
5. TERMS OF PAYMENT
5.1. All payments shall be taken at the time of order. Where the price of any order is amended in accordance with Clause 4.3. above, however a charge for the new amount shall be taken and the original payment refunded. You should be aware that, due to card provider procedure, both transactions shall be debited from your account and a short period of time shall elapse before the refund is processed through your account. We exclude to the fullest extent permitted by law any liability for any additional cost you may incur as a result of this.
6.1. You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2. We aim to provide you with a reasonable date on which the Goods will be ready for collection or delivery. Where we become aware that the date for collection of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our congtrol.
6.3. If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4. If you fail to take delivery of the Goods of fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
7. RISK AND PROPERTY
7.1. Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the goods, the time when you have collected the Goods.
8. WARRANTIES AND LIABILITY
8.1. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of a satisfactory quality and fit for their normally intended purpose.
8.2. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions [Restrictions on Statements] Order 1976 as amended) your legal rights are not affected by these Conditions. Further information on hyour legal rights can be obtained from trading Standards or Citizens Advice Bureaux.
8.3. Except in respect of death or personal injury caused by our negligence for which our liability shall be limited to £2.5 million. For all other loss or damage which you may suffer or incur in connection with the supply of Goods under this Contract, our liability shall be limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent.
9.1. Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act caused beyond that party’s reasonable control.
9.2. These Conditions do not purport to confer a benefit on any third party.
9.3. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
9.4. Where we do not take action against you for any breach of the Contract we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
9.5. Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.