Legal Clauses
TERMS AND CONDITIONS
OF DESPATCHBOXES.COM
Introduction
1. These are the only terms and conditions upon which we will contract
with you. No alteration or substitution of these terms and conditions
shall be valid unless agreed in writing.
2. A contract is formed between us when we confirm in writing that your
order has been accepted. Orders will not be accepted until we receive
authorisation of your credit card payment or your cheque has been cleared.
3. Our employees and/or agents are not authorised to make any representations
concerning our goods. In entering into the contract you acknowledge that
you do not rely on any representations other than those in these terms
and conditions.
4. Any typographical, clerical or other error or omission in any of our
catalogues, advertisements, website, quotation, price list, acceptance
of offer, invoice or other document or information issued by us (“sales
literature”) may be corrected without any liability on our part.
5. No drawings, illustrations or descriptions or any other information
submitted or contained in sales literature shall be deemed to form part
of the contract but are for general information and guidance only.
Availability
6. We reserve the right to withdraw our acceptance of your order if any
goods are not readily available to us and to refund in full any payment
you have made for them. Other goods ordered by you will be despatched
in the normal way.
Price
7. The price of the goods is exclusive of value added tax (if applicable)
packing, postage and carriage costs which shall be displayed on our website
and confirmed to you at the time of your order. Carriage costs will normally
be charged at the rate as set out on the website dependant on the goods
ordered and the county of delivery and means of carriage. All payments
must be in pounds sterling.
Import Restrictions
8. You shall be responsible for ensuring the goods you order are permitted
to be imported to your country of residence and for obtaining any export
and/or import licenses that may be required. You shall indemnify us for
all losses, damages, costs and expenses which we may suffer or incur if
you breach this term. Where goods are impounded by any lawful authority
or otherwise you shall remain liable to us for the price of such goods
unless such action can be shown to have arisen due to a fault by us.
Delivery
9. Goods will be delivered to the country and address you provide to us
and will normally be despatched within 5 working days of your order
being accepted unless we state otherwise. Time for delivery shall not
be of the essence and we shall not be liable for any delay in delivery.
If we fail to despatch any goods within 30 days of accepting your order
(or such other period we have notified to you), we shall refund in full
your payment in respect of such goods.
10. If you fail to take delivery of the goods or fail to give us adequate
delivery instructions at the time stated for delivery (otherwise than
by reason of any cause beyond your reasonable control (subject to clause
9) or by reason of our fault) then, without prejudice to any other right
or remedy available to us, we may:
10.1 store the goods until actual delivery and charge you for the reasonable
costs (including insurance) of storage; or
10.2 sell the goods at the best price readily obtainable and (after deducting
all reasonable storage and selling expenses) account to you for the excess
over the price under the contract or charge you for any shortfall below
the price under the contract.
11. Where the goods are to be delivered in instalments, each delivery
shall constitute a separate contract. Failure by us to deliver any instalment
in accordance with these terms and conditions or any claim by you in respect
of any one or more instalment shall not entitle you to treat the contract
as repudiated as a whole.
Title and Risk
12. Risk of damage to, or loss of, goods shall pass to you at the time
the goods leave our premises for delivery including where we arrange for
delivery.
Consumer Rights and the Right to Cancel
13. Your statutory rights including but not limited to those contained
within the Sale of Goods Act 1979 (as amended) and the Sale and Supply
of Goods and Services Act 1994, shall not be affected by the restrictions
and limitations set out in these terms and conditions.
14. Subject to clause 15 You shall from the time the contract between
us is formed until a period of 7 days following delivery of the goods,
have the right to cancel the contract by sending written notice of cancellation
to us at the e-mail, fax or postal address set out at the end of these
terms and conditions.
15. Your right to cancel shall not apply where the contract is for the
supply of goods which are food, beverage or other goods intended for every
day consumption.
16 In the event you cancel the contract under clause 14 above:
16.1 you shall be responsible for paying all reasonable costs and expenses
incurred in the goods being returned to us; and
16.2 we shall reimburse any sum paid by you within 30 days of the notice
of cancellation being given.
17. Where the goods are not consumables you have the right to require
goods be repaired or, where appropriate, replaced for a period of six
months after the contract between us is formed if you assert the goods
do not conform to the contract save where we can establish that the goods
do so conform.
Warranties
18. We warrant that, at the time of delivery, the goods will, subject
as hereinafter provided, be free from defects in materials and workmanship
and will be of satisfactory quality (within the meaning of the Sale and
Supply of Goods Act 1994). There may, however, be minor variations between
the goods as shown or described in our sales literature and those despatched
to you (the goods despatched will always be of a comparable or superior
quality).
19. The goods (unless we notify you otherwise) will be acquired from the
manufacturers and or retailers which we specify upon our website.
Disclaimers
20. We shall be under no liability in respect of any defect arising from
fair wear and tear, wilful damage, negligence, abnormal working conditions,
failure to follow our instruction (whether oral or in writing), misuse
or alteration or repair of the goods without our approval.
21. Except in the case of death or personal injury caused by our negligence,
we shall not be liable to you by reason of any representation or any implied
warranty, condition or other term, or any duty at common law or under
these terms and conditions, for any special, indirect or consequential
damage.
22. Subject as expressly provided in these terms and conditions, all warranties,
conditions or other terms implied by statute or common law are excluded
to the fullest extent permitted by law.
23 In no circumstances shall our liability to you exceed the invoice value
of the goods.
24. We shall not be liable for situations of force majeure where any failure
in the performance of any of our obligations is caused by factors outside
our control.
Indemnity
25. You agree not to offer the goods for resale either within or outside
the United Kingdom. You shall indemnify us in full for all losses, damages,
costs and expenses which we may suffer or incur if you breach this term.
Third Party Rights
26. In respect to any contract entered into between us, no other party
shall have the right under the Contract (Rights of Third Parties) Act
1999 to enforce any term of the contract but this does not effect any
right or remedy of a third party which exists or is available apart from
that Act.
Communications
27. Any communication between us shall be by e-mail fax or first class
post to our current e-mail, fax or postal address as set out at the end
of these terms and conditions and to your e-mail fax or postal address
which you may have notified to us.
Variation
28. We reserve the right to vary these terms and conditions at any time
but the terms and conditions which apply to the contract between us shall
be those in force at the time we accept your order.
Enforceability
29. 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 thereby.
Law
30. The contract formed by our acceptance of your order shall be governed
by the laws of England and you agree to submit to the exclusive jurisdiction
of the English Courts.
Despatchboxes.com
Cranham Close
Prinknash Corner
Cranham
Glos
GL4 8EZ
United Kingdom
Tel/Fax: +44 (0)1452 813258
Email: enquiries@despatchboxes.com
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Privacy Policy
At DespatchBoxes.com we have adopted the following privacy
policy as part of our commitment to protect any personal information (“Personal
Information”) which you may provide to us through this website or
by any other means. Please note that this Privacy Policy does not apply
to other websites linked through this website. Personal Information which
you choose to provide to other websites will be subject to the privacy
policies of those websites.
1. DespatchBoxes.com will not use or disclose your
Personal Information unless you have given your permission, except for
the following purposes:
1.1 to assess, operate and improve this website and the services provided
through it;
1.2 to keep you informed about us and our services and about this website;
1.3 if we are required to disclose such Personal Information by any applicable
law, regulation or legal process;
2. Due to the nature of the services offered through this website your
Personal Information may be used, transferred to or stored in countries
outside your own. This privacy policy will apply to such Personal Information
whether or not required under the laws of each such country.
3. In addition to the use of your Personal Information as described above,
we may also gather anonymous information which may be used by us or shared
with third parties. This is information which does not identify you, but
which may be helpful for marketing purposes or for improving this website
or the services provided through it.
4. This website uses, or may from time to time use, Cookies. Cookies are
pieces of information that a website transfers to your computer’s
hard disk for record-keeping purposes and they can make the World Wide
Web more useful by storing information about your preferences on a particular
site. The use of Cookies is normal practice and many websites use them
to provide useful features for their customers. Cookies do not personally
identify users but they do identify a user’s computer. Most browsers
are initially set to accept Cookies. If you prefer, you can set your browser
to refuse Cookies.
5. If you have any questions or wish to have any Personal Information
edited or deleted, please e-mail or write to us at the address below:
Despatchboxes.com
Cranham Close
Prinknash Corner
Cranham
Glos
GL4 8EZ
United Kingdom
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Conditions
of Website Use
It is a condition of DespatchBoxes.com allowing you free access to the
material on this website that you accept the terms and conditions of this
notice.
COPYRIGHT
The contents of this website are copyright DespatchBoxes.com 2003-2006. Trademarks
upon the Website are either owned by, or licensed to DespatchBoxes.com.
Nothing in these terms and conditions transfers to you any rights of ownership
of such trademarks, or constitutes a licence to use such trademarks.
The copying or incorporation into any other work of part or all of the
material available on this website in any form is prohibited save that
you may:
(a) print or download extracts of the materials on this site for your
personal use; or
(b) copy the materials on this site for the purpose of sending to individual
third parties for their personal information, provided that you acknowledge
DespatchBoxes.com as the source of the material and that you inform the
third party that these conditions apply to them and that they must comply
with them.
INFORMATION PROVIDED
INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Information on this website may be incomplete, out of date or inaccurate
and may contain technical inaccuracies or typographical errors. Information
may be changed or updated without notice. It is therefore essential that
you verify all information before taking any action in reliance upon it.
LINKS AND BANNERS
DespatchBoxes.com makes no representations whatsoever about any other
website which you may access through this one. When you access a website
which does not belong to DespatchBoxes.com, please understand that it
is independent from DespatchBoxes.com, and that DespatchBoxes.com has
no control over the contents of that website. In addition, a link to a
non-DespatchBoxes.com website does not mean that DespatchBoxes.com endorses
or accepts any responsibility for the content, or the use, of such website.
LIMITATION OF LIABILITY
IN NO EVENT WILL DESPATCHBOXES.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE
OR ON ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON
YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF DESPATCHBOXES.COM
IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DESPATCHBOXES.COM PROVIDES THE SERVICES “AS IS” AND “AS
AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, DESPATCHBOXES.COM
DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTIONS,
BE TIMELY, SECURE OR ERROR-FREE AND SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE ARISING FROM THE UNAVAILABILITY OF THE WEBSITE FROM TIME TO TIME
OR FROM YOUR INABILITY TO USE THE WEBSITE.
IN NO EVENT WILL DESPATCHBOXES.COM BE LIABLE TO YOU FOR ANY INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING IN CONTRACT, TORT OR OTHERWISE,
INCLUDING LOSS OF PROFITS, EVEN IF DESPATCHBOXES.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DEATH OR PERSONAL INJURY
ARISING FROM DESPATCHBOXES.COM’S NEGLIGENCE.
ONLINE PAYMENT
DESPATCHBOXES.COM SHALL USE ITS REASONABLE ENDEAVOURS TO ENSURE THAT YOUR
CREDIT CARD INFORMATION IS ENCRYPTED TO A DEGREE WHICH IS EVEN MORE SECURE
THAN THE LEVEL OF ENCRYPTION SPECIFIED FOR THE SET (STANDARD ELECTRONIC
TRANSACTION) PROTOCOL AND WHICH IS MORE SECURE THAN STANDARD BROWSER SSL
SECURITY. HOWEVER, THE SECURITY OF ANY SUCH INFORMATION CANNOT BE GUARANTEED
AND, SAVE WHERE LOSSES ARE DIRECTLY ATTRIBUTABLE TO THE ACT OR DEFAULT
OF DESPATCHBOXES.COM, DESPATCHBOXES.COM SHALL NOT BE LIABLE FOR ANY LOSSES
SUFFERED BY YOU IN CONSEQUENCE OF YOUR TRANSMITTING SUCH INFORMATION ELECTRONICALLY
THROUGH THIS SITE.
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