TERMS AND CONDITIONS FOR THE SALE OF GOODS

  1. Definitions

 

Buyer                          the person who buys or agrees to buy the Goods from the Seller.

Conditions                 the terms and conditions of sale as set out in this document and any special terms and conditions
.                                     agreed in writing by the Seller.

Goods                          the articles which the Buyer agrees to buy from the Seller.

Price                           the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

Seller                          means Harry and Kristina of Flying Dutchman Bikes 188-192 Eversholt Street, London, NW1 1BJ

 

  1. Conditions

 

2.1       These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2       All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

2.3       Transferring to the Seller payment for Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4       These Conditions may not be varied except by the written agreement of the Seller.

2.5       These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

 

  1. Price

 

The Price shall be the price quoted on the Seller’s confirmation of order.  The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.

 

  1. Payment and Interest

 

4.1       Payment of the Price and VAT shall be due prior to the delivery of Goods.

4.2       Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 10% per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgement.

4.3       The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

 

  1. Goods

 

The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.

 

  1. Warranties

 

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.  Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.

 

  1. Delivery of the Goods

 

7.1       Delivery of the Goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2       The Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

7.3       The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.4       If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

7.5       The Seller shall not be liable to the Buyer for any loss or damage sustained to the Goods after the Goods have left the shop premises. This includes, but is not limited to, damage sustained while the Goods are in transit from the shop premises to the Buyer.

 

  1. Acceptance of the Goods

 

8.1       The Buyer shall be deemed to have accepted the Goods after the Goods have left the shop premises.

8.2       Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

 

  1. Title and risk

 

9.1       Risk and liability shall pass from the Seller to the Buyer once the Goods have left the shop premises.

9.2       Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3       Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4       The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1    repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2    for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5       The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

 

  1. Carriage of Goods

 

10.1    Carriage will be chargeable to the Buyer on all sales that require delivery, unless the Seller has agreed to meet this cost.

10.2    The Seller does not accept any liability for damage to Goods sustained in transit. As previously noted, liability for Goods transfers from the Seller to the Buyer once the Goods leave the shop premises. This is a case of caveat emptor.

 

11. Returns

 

11.1    Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you – whichever is later). After the initial 30 days, you can’t demand a full refund in the first instance, but you still have the right to a repair or replacement.

11.2   The Seller cannot accept returns on custom-ordered Goods once they have left the shop. Custom-ordered Goods include any and all bicycles, parts, and/or equipment that has to be ordered in to the shop specifically to meet Buyers’ requirements or demands (e.g. bikes ordered in specific colours, sizes, or designs).

11.3    Under exceptional circumstances, and only at the Seller’s discretion, some Goods can be returned on the condition that a 35% restocking fee is covered by the Buyer. Unlimited additional charges to the Buyer may also be incurred dependent on the condition of the Goods returned. It is the Seller’s prerogative to determine the sum of any additional costs over and above the 35% restocking fee. The Buyer is responsible for returning the Goods to the Seller, and for ensuring they are returned in a saleable condition. Refunds can only be processed upon Seller’s receipt of the returned Goods, and only after the returned Goods are inspected and assessed for wear and/or damages.

 

See: http://www.fsb.org.uk/legal-downloads

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