e-Shop Terms & Conditions of Sale
1. Definitions
Agreement: means the contract of sale for Products or Service established between the Company and the Buyer. Buyer: means the purchaser, agent of the purchaser or associated third party who enters into this agreement for the supply of Products and Service from the Company. Company: means Associated Interim Management Ltd, of Registered Address: Crown House, Home Gardens, Dartford, Kent DA1 1DZ, United Kingdom; Company Number: 3997992; VAT Number: 756 6103 27. Data: means any electronic information held in any format. Delivery Date: means the date agreed between the Company and the Buyer that the ordered Service shall commence delivery; or the date the Service shall commence delivery where the date was a material part of the Service purchased by the Buyer; or the date estimated by the Company when the Buyer shall receive the ordered Products. E-Shop: means the sales outlet of the Company on its website. Materials: means any written or electronic documents or facilities which are part of delivering the Service, including but not limited to designs, drawings, diagrams, presentations, training aids, plans, inventions and software which are not in the public domain and which are the intellectual property of the Company. Product: means any item (singular or plural) sold or on offer for sale from the Company via the e-Shop. Service: means any service or training courses or business briefings (singular or plural) sold or on offer for sale from the Company via the e-Shop. Service Provider: means person or persons of sufficient competency employed by, or agents of, the Company who are tasked with providing the Service to the Buyer. 2. Description2.1 Any images and descriptions of Products advertised by the Company are for illustration purposes only. Whilst the Company shall do all it can to supply Products as close to the images and descriptions as possible, the nature of some Products means that on occasions there may be some cosmetic differences in appearance between the image/description and the Products supplied. All Products advertised shall be subject to availability, although the Company shall always supply the specification ordered, or higher. Where a Product to be supplied is different to that illustrated or advertised the Buyer’s consent shall be sought to the supply of an alternative Product in advance of the Product being dispatched. 2.2 Any descriptions of Service are made to reflect as accurately as possible what the Company shall deliver to the Buyer, the intended audience of the Service, the timeframe in which it shall be delivered, where it shall be delivered, how it shall be delivered and the type of Materials that shall accompany the Service, which may change from time to time. Before purchasing the Service, the Buyer should satisfy themselves via information on the Company website, and/or by contacting the Company that the Service is of a type and scope that the Buyer does indeed wish to purchase and that the Buyer can meet any pre-requisite obligations required by the Company as part of delivery. Proceeding to purchase assumes that Buyer is so satisfied and can meet the pre-requisite obligations. 3. Title3.1 The Company remains the owner of all Services and Products removed from stock, following an order being placed by the Buyer or shipped to the Buyer, until the Company has been paid in full. 4. Stock4.1 Products or Services which are out of stock shall be clearly shown as such in the e-Shop. However, from time to time an order may be placed for a Product or Service which later proves to be out of stock. In such circumstances the Company shall take action with the Buyer set out in the relevant Clauses to this Agreement. 4.2 To be absolutely sure that a Product or Service is in stock the Buyer might consider contacting the Company in advance to make a reservation which can then be followed up by payment using one of the acceptable methods. 5. Delivery5.1 Products:
5.1.1 Without prejudice to the relevant Clauses to this Agreement, delivery charges are separate to the prices of the Products and are advertised in the e-Shop along with the Products to which they relate. Delivery charges shall require settlement by the Buyer in advance of the shipment of Products. 5.1.2 The Company shall make every effort to ensure delivery of an order to a Buyer located on the United Kingdom mainland is made within fourteen (14) working days of the order having been received and all charges settled. Delivery shall be made by post or courier. However, delivery may take longer at particularly busy times. The Company shall attempt to keep the Buyer informed of any delivery delays. The Company shall not be liable for any delivery delays caused by couriers or other events outside the Company’s control in accordance with the relevant Clauses to this Agreement. Whilst every effort shall be made to keep to a Delivery Date, time of delivery shall not be considered as being of the essence. The Company shall not be liable for any consequential loss incurred by the Buyer arising directly or indirectly out of any failure to meet any estimated Delivery Date in accordance with the relevant Clauses to this Agreement. 5.1.3 For United Kingdom non-mainland and international deliveries, the prospective Buyer should contact the Company in advance for a delivery quotation and estimated Delivery Date. 5.1.4 Products received by the Buyer that are found to have been physically damaged by the courier or in transit shall be reported by the Buyer to the Company within two (2) working days of delivery. After two (2) working days, any claims of physical damage shall not be accepted for repair, refund or replacement. 5.2 Services:
5.2.1 A Delivery Date shall either be agreed between the Company and the Buyer for the Service to commence delivery or was a material part of the Service purchased by the Buyer as indicated in the e-Shop. 6. Payment Terms6.1 All prices published in the e-Shop by the Company are quoted in GB Pounds and are inclusive of United Kingdom value added tax which may change from time to time. 6.2 Payment shall be made in full and in advance by the Buyer unless agreed otherwise with the Company. Payment can be accepted by on-line debit or credit card transaction, by bank transfer, banker’s draft or valid cheque. 6.3 Products and Services reserved by the Buyer for purchase shall be held by the Company for a maximum of seven (7) working days, or until payment has been received and cleared, whichever is less. If however the Delivery Date is fewer than 10 days from the date the reservation is made, payment must be made in full. When funds have been cleared, Products shall be dispatched as agreed and a Delivery Date booked for Service. If any payment due under these conditions is overdue in full or in part the Company may, without prejudice to any of its other rights, place all the Products or any part of them back into stock for resale for which a restocking fee may be levied from the Buyer in accordance with the relevant Clauses to this Agreement. 7. Damage7.1 The Company cannot accept any returned Products if it is found by the Company to fall into one or more of the following categories: (i) the Products have in some way been damaged by the Buyer whilst in the possession of the Buyer, deliberately or through negligence;
(ii) any warranty asset tag(s) on those assets which have been tagged, is/are found to have been tampered with, removed or is/are missing;
(iii) the Products are found not to have been sold to the Buyer by the Company;
(iv) the Products are outside the warranty period for the specific product (identified at point of sale); or
(v) the Buyer failed to take safeguards in accordance with the relevant Clauses to this Agreement. 8. Incorrect Dispatch of Products
8.1 The Company accepts responsibility for incorrectly dispatched Products. For the avoidance of doubt, these are Products not matching the specification displayed on the accompanying invoice or delivery note, which have been notified to, and agreed by, the Company within three (3) working days of receipt of the Products by the Buyer. The Company agrees to pay the return carriage charges and dispatch charges for the correct Products. This shall be undertaken either by the Company sending a pre-paid label and/or envelope to the Buyer or through some other form of collection arranged by the Company. The Company does not accept any liability or consequential loss to the Buyer during this period of rectification and offers no compensation for such. 9. Product Returns and Refunds9.1 Products may be returned for repair, refund or exchange if they are faulty on arrival or develop a fault within the warranty period, without prejudice to other relevant Clauses to this Agreement. The Company shall pay the return carriage charges and dispatch charges for the repaired Products. 9.2 If Products are returned for any reason other than a fault, a thirty percent (30%) re-stocking fee shall be levied from the Buyer. In such circumstances, the Buyer is also liable to pay the delivery charges for returning the Products to the Company. 9.3 Products which are out of stock, for which the Buyer has already paid, shall result in the Company advising the Buyer on the likely waiting time until the Product is back in stock and can be dispatched, or offering the Buyer a full refund if they are not prepared to wait. 10. Service Cancellations10.1 All Service cancellations shall be made in writing by the Buyer to the Company. Cancellations through the post shall be sent by the Buyer first class recorded delivery. 10.2 Services purchased by the Buyer, but subsequently cancelled by the Buyer before the agreed Delivery Date, shall incur a refund and/or charges as follows: (i) notice of cancellation more than 30 days – 100% refund but a cancellation fee of £10; (ii) notice of cancellation more than 20 days but less than 30 days – 50% refund but a cancellation fee of £20; (iii) notice of cancellation more than 10 days but less than 20 days – 25% refund but a cancellation fee of £30; and (iii) notice of cancellation less than 10 days - no refund and a cancellation fee of £40. 10.3 Services which are purchased by the Buyer, but before the agreed Delivery Date are requested by the Buyer to be rescheduled, can be re-booked for another suitable date but only for the Service to which the original booking related. Bookings and payments thereof are not transferable between other Service and Products of the Company. Re-booking but may incur a £50 administration fee at the sole discretion of the Company. The Buyer accepts that re-booking may mean that some aspects of the Service may different to those in the original booking, and these shall be pointed out to the Buyer by the Company in advance of re-booking. If the Buyer is not satisfied, then they may cancel the Service in accordance with the relevant Clauses to this Agreement. 10.4 Services delayed, cancelled or out of stock, for which the Buyer has already paid, shall result in either a re-booking or a full refund, at the choice of the Buyer, and no additional charges shall be levied. The Company shall not be liable for any consequential loss incurred by the Buyer arising directly or indirectly out of delays or cancellations to the Services in accordance with the relevant Clauses to this Agreement. 11. Buyer’s Responsibilities11.1 Products:
11.1.1 Safeguards shall be taken for the safe use and maintenance of the Products whilst in the Buyer’s possession for the warranty to remain valid in accordance with the relevant Clauses to this Agreement. For the avoidance of doubt, the Buyer shall for electrical equipment, as a minimum, dispense a stable electrical power supply and an adequate power-surge protection device when using the Products. 11.2 Services:
11.2.1 For Services, the Buyer agrees to abide by the intellectual property markings, reservations and any other constraints or restrictions placed upon any Materials which may be provided to the Buyer as part of delivering the Services by the Company. Such Materials are for use solely by the Buyer and no Materials may be reproduced and/or distributed whatsoever without the prior written agreement of the Company, unless specific consent is given as part of the sale of the Service to the Buyer and made clear in writing by the Company. 11.2.2 The Buyer accepts their obligations in the delivery of the Service in accordance with relevant Clauses to this Agreement. Failure to meet these obligations, whether it is the fault of the Buyer or not, may result in cancellation or re-booking of the Service in accordance with relevant Clauses to this Agreement. 12. Warranty12.1 Warranty for Products is six (6) months unless otherwise purchased and within that period the Company shall be responsible for any cost of returning Products. 13. Repair Time
13.1 Products returned in accordance with the relevant clauses to this Agreement shall generally be examined and repairs shall be carried out as soon as is practical. The Company regrets that repairs may sometimes be held up by slow responses from parts suppliers. Unless otherwise stated in writing the Company cannot be held to a specific repair and return date. 14. Data 14.1 Excepting through prior agreement in writing, the Company shall not accept responsibility or liability for Data and Software that may be held on any of the Products, or loss or corruption of any Data during inspection, repair, upgrade or other activity. The Buyer is responsible for ensuring that any Data held on a Product is fully backed up before the device is returned to the Company for any reason, as the Company is not responsible for any Data held therein. If software provided with the Products by the Buyer is essential to the diagnosis and repair of a fault then it shall be on the machine in an operating condition. The Buyer may be asked to supply installation disks and manuals to assist in the fault finding process. 15. Limits of Liability15.1 The Company takes all reasonable endeavours to ensure that any work undertaken on the Buyer’s Products or as part of the Buyer’s Service is of the highest standards. However, the Company shall accept no liability or responsibility for the operation of the Products or Services by the Buyer, loss of business or damages to associated equipment or other assets that might subsequently occur. Products leaving the workshop shall be in an electrically safe condition, or clearly marked to the contrary. However no warranty as to electrical safety is made unless specifically agreed otherwise. 15.2 The Company shall not be liable for any consequential loss incurred by the Buyer arising directly or indirectly out of delays or cancellations to the delivery of Products or Services. 16. Miscellaneous16.1 The Company warrants that it shall apply its Privacy Policy to the Buyer. 16.2 The Company warrants that it shall adhere in full to the terms and conditions of its on-line transaction service provider PayPal®. 16.3 This Agreement is made under English Law.
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