1.
definitions and interpretation
1.1
In these conditions of sale (“Conditions”) the following words have the
following meanings:
1.1.1
“Buyer” means you, being the person(s), firm or company who
purchases the Goods from the Company;
1.1.2
“Company” means Envelopemaster Limited whose registered office
is at 2 Whitehall Quay, Leeds, West Yorkshire, United Kingdom, LS1 4HG (UK
company number 5095911);
1.1.3
“Contract” means any contract between the Company and the
Buyer for the sale and purchase of the Goods incorporating these Conditions;
1.1.4
“Goods”
means any goods agreed in the Contract to be supplied to the Buyer by the
Company (including any part or parts of them);and
1.1.5
“working day” means Monday to Friday inclusive excluding statutory
holidays in the UK.
1.2
In these Conditions references to any law, statute or statutory provision
or subordinate legislation shall, unless the context otherwise requires, be
construed as a reference to that law, statute or statutory provision or
subordinate legislation as from time to time amended, consolidated, modified,
extended, re-enacted or replaced.
1.3
In these Conditions references to the masculine include the feminine and
the neuter and to the singular include the plural and vice versa as the context
admits or requires.
1.4
In these Conditions headings will not affect the construction of these
conditions.
2.
the contract between us
2.1
The Company must receive payment of the whole of the price for the Goods
that the Buyer wishes to order before the Company can accept the Buyer’s
order. Once payment for all the Goods
has been received by the Company, the Company will confirm to the Buyer that
the Buyer’s order for the Goods has been accepted. The Company will do this by sending [an email][a letter] of
acknowledgement to the Buyer at the [email][postal]
address the Buyer provides in its order form.
Only once the Company has accepted the Buyer’s order by [email][post] as
detailed above will a legally binding contract between the Company and the
Buyer come into effect.
3.
price for the goods
3.1
The prices payable for the Goods that the Buyer orders are as set out in
our website.
3.2
The Buyer will be required to pay extra charges for delivery of the Goods
and it may not be possible for the Company to deliver to certain locations. The Company’s current delivery charges are
set out in our website.
4.
the goods
4.1
All samples, drawings, descriptive matter, specifications and advertising
issued by the Company on its website or otherwise and any descriptions or
illustrations contained in the Company’s catalogues or brochures are issued or
published for the sole purpose of giving an approximate idea of the Goods
described in them. They will not form part of this Contract and this is not a
sale by sample.
4.3
The quantity and description of the Goods shall be as set out in the
Company’s acknowledgement of order.
5.
buyer’s right to cancel contract
5.1
The Buyer may cancel its Contract with the Company for the Goods the Buyer
orders at any time up to the end of the 7th (seventh) working day
from the date the Buyer receives the Goods ordered. The Buyer does not need to give the Company any reason for
cancelling its Contract nor will the Buyer have to pay any penalty to the
Company in respect of such cancellation.
5.2
To cancel the Buyer’s Contract, the Buyer must notify the Company in
writing.
5.3
If in any circumstances the Buyer has received the Goods before it
cancels the Contract then the Buyer must send the Goods back to the Company’s
contact address at the
Buyer’s own cost and risk. If the Buyer
cancels its Contract but the Company has already processed the Goods for
delivery, the Buyer must not unpack the Goods when they are received by the
Buyer and the Buyer must furthermore send the Goods back to the Company at the
Company’s contact address
at the Buyer’s own cost and risk as soon as possible.
5.4
Once the Buyer has notified the Company that the Buyer is cancelling its
Contract, any sum debited to the Company from the Buyer’s credit [or debit]
card will be re-credited to the Buyer’s account as soon as possible and in any
event by the Company within 30 days of the Buyer’s order PROVIDED ALWAYS THAT
the Goods in question are returned by the Buyer and received by the Company in
the condition the Goods were in when delivered to the Buyer. If the Buyer does not return the Goods
delivered to it or does not pay the costs of delivery or the costs of returning
the Goods, the Company shall be entitled to deduct the direct costs of recovering
the Goods from the amount to be re-credited to the Buyer.
6.
cancellation of the contract by the company
6.1
The Company reserves the right to cancel the Contract between it and the
Buyer if:
6.1.1
the Company has insufficient stocks to deliver the Goods
the Buyer has ordered; or
6.1.2
the Company does not deliver to the Buyer’s area; or
6.1.3
one or more of
the Goods the Buyer ordered was listed at an incorrect price on the Company’s
website due to a typographical error or an error in the pricing information
received by the Company from its
suppliers.
6.2
If the Company does cancel the Buyer’s Contract, the
Company will notify the Buyer by
[e-mail][post] and will re-credit to the Buyer’s account any sum deducted by
the Company from the Buyer’s credit [debit] card as soon as possible but in any
event within 30 days of the Buyer’s order.
The Company will not be
obliged to offer any additional compensation to the Buyer for any
disappointment suffered.
6.3
The Buyer’s right to possession of the Goods shall terminate immediately
and the title in the Goods shall automatically revert to the Company if the
Company is at any time informed that any payment made to the Company for the
Goods by the Buyer has been dishonoured.
In such case, the Buyer shall be liable to the Company for all reasonable
costs incurred by the Company in reclaiming the Goods from the Buyer,
including, without limitation, all legal and other professional costs.
7.
delivery of the goods to the buyer
7.1
The Company will
deliver the Goods ordered by the Buyer to the address the Buyer gives the
Company for delivery at the time the Buyer makes an order. In certain
circumstances, the Company may deliver the Goods by separate instalments. If the Company intends to deliver the Goods
in instalments, the Company will notify the Buyer.
7.2
Delivery of the Goods will be made by the Company as soon as possible
after the Buyer’s order is accepted by the Company and normally within 30 days
of the Buyer’s order. Any dates
specified by the Company for delivery of the Goods are intended to be an
estimate only, however, and time for delivery shall not be made of the essence
by notice by the Buyer. If no date is
so specified, delivery of the Goods by the Company will be within a reasonable
time.
7.3
The Buyer will become the owner of the Goods it has
ordered when the Goods have been delivered to the Buyer.
Once the Goods have been delivered to the Buyer, the Goods will be held at the Buyer’s own risk and the Company will not be liable
to the Buyer for the loss or destruction of any or all of the Goods.
8.1
If the Goods the Company delivers are not what the Buyer ordered or the Goods are damaged or are
defective or the delivery is of an incorrect quantity of the Goods, the Company
shall have no liability to the Buyer unless the Buyer notifies the Company in
writing at the Company’s contact address of the problem (in reasonable detail
to allow the Company to ascertain the nature of the problem) within [10] days
of the delivery of the Goods in question.
8.2.1
make good any
shortage or non-delivery of the Goods; or
8.2.2
replace or
repair any Goods that are damaged or defective; or
8.4
The Buyer must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other permits
to purchase Goods from the Company’s website.
The importation or exportation of certain of our Goods to the Buyer may
be prohibited by certain national laws applicable in certain territories. The Company makes no representation and
accepts no liability in respect of the export or import of the Goods the Buyer
may purchase from the Company.
8.5
Notwithstanding the foregoing provisions of this clause 8, nothing in these Conditions is intended to limit any
rights the Buyer may have as a consumer under applicable local law or other
statutory rights that may not be excluded nor in any way to exclude or limit
the Company’s liability to the Buyer for any death or personal injury resulting
from the Company’s negligence.
8.6
The maximum liability of the Company under these Conditions (save in
respect of personal injury or death caused by the Company’s negligence) shall
not exceed the value of the Goods under the Contract.
8.7
The Company shall not be liable to the Buyer by reason of the fact that
the Buyer failed to follow the Company’s instructions as to the storage,
installation, commissioning, use or maintenance of the Goods or (if there are
none) prudence or good trade practice.
9.
notices and communications
Unless otherwise expressly stated in these Conditions, all notices from
the Buyer to the Company must be in writing and sent to the Company’s correct
contact address and all
notices from the Company to the Buyer will be sent to the [email][postal]
address notified to the Company in the Buyer’s order. Notices and communications received by the Company after 5pm UK
time will be deemed to be received on the next working day.
10.
events beyond the company’s control
The Company shall have no liability to the Buyer for any failure to
deliver Goods the Buyer has ordered or any delay in doing so or for any damage
or defect to Goods delivered that is caused by any event or circumstance beyond
the Company’s reasonable control including, without limitation, strikes, civil
unrest or other commotion, lock-outs and other industrial action or disputes,
breakdown of systems or network access (by reason of technical fault, virus or
any other reason), flood, fire, earthquake, explosion or accident.
11.
invalidity of conditions
If any part of these Conditions is found by a competent court of law to
be unenforceable (including any provision under which the Company excludes its
liability to the Buyer) the enforceability of any other part of these
Conditions shall not be brought into question by such unenforceability.
12.
privacy policy
The Buyer hereby acknowledges to having read and agrees to be bound by
the terms of the Company’s privacy policy.
13.
assignment
13.1
The Buyer shall not be entitled to assign the Contract or any part of it
without the prior written consent of the Company.
13.2
The Company may assign the Contract or any part of it to any person, firm
or company.
14.
third party rights
Except for the Company’s affiliates and other group companies, directors,
employees or representatives, a person who is not a party to this Contract has
no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this Contract but this does not affect any right or remedy of any
third party that exists or is available apart from pursuant to that Act.
15.
miscellaneous provisions
15.1
The Contract between the Company and the Buyer shall be governed by and
interpreted in accordance with English law and the English courts shall have
jurisdiction to resolve any disputes between the parties.
15.2
These Conditions, together with the Company’s current website prices,
delivery details, contact details and privacy policy, set out the whole of the
agreement relating to the supply of the Goods to the Buyer by the Company. Nothing said by any sales person on the
Company’s behalf should be understood as a variation of these Conditions or as
an authorised representation about the nature or quality of any Goods offered
for sale by the Company. Save for fraud
or fraudulent misrepresentation, the Company shall have no liability to the
Buyer for any such representation being untrue or misleading.