Standard Terms and Conditions of the Sale of Goods
1. Interpretation
1.1 In these Conditions:
“Buyer” means the person whose order for goods is accepted by the seller.
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and seller.
“Contract” means the contract for the purchase and sale of goods.
“Goods” means the goods which the seller sells to the buyer under these conditions.
“Order Confirmation” means the acknowledgement of the quotation provided by the seller to the buyer whether written or oral.
“Quotation” means the quotation for the goods provided to the buyer by the seller whether written or oral.
“Seller” means the Magnetic Marketing, details of which are given in the quotation and/or whose details have been provided to the buyer either in writing or orally.
1.2 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
2. Making the Contract
2.1 Each quotation will be deemed to be an offer by the buyer to buy the goods in accordance with these conditions. The contract is made when the quotation is accepted by the seller by the issue to the buyer of an order confirmation. The contract will not be made until
an order confirmation has been issued by the seller or the seller commences provision of the goods.
2.2 The contract is subject to these conditions which shall govern the contract to the exclusion of any other terms and conditions and all previous oral or written representations made by the seller, but subject to the provisions of condition 2.3.
2.3 No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the buyer and seller.
2.4 The buyer must ensure that the terms of the quotation and any applicable specification are complete and accurate. If the buyer wishes to amend any aspect of the information the buyer has
given it must contact the seller immediately. Although the seller will use reasonable endeavors to implement any such amendment which the buyer requests, the seller cannot guarantee that it will be able to do so after the order confirmation has been issued. If such amendment changes any other aspect of the quotation (for example the price) and the seller is able and willing to amend it, then the seller will send the buyer a new order confirmation.
2.5 All quotations are, unless agreed otherwise in writing, valid for 30 days only or until earlier acceptance by the buyer.
2.6 Any advice or recommendation given by the seller or its employees or agents to the buyer as to the storage, application, suitability or fitness for purpose for use of the goods which is not confirmed in writing by the seller is followed or acted upon entirely at the buyer’s own risk, and accordingly the seller shall not be liable for any such advice or recommendations which is not so confirmed.
3. Provision of the Goods and Services
3.1 The quantity, quality and description of and any specification for the goods shall be those set out in the quotation. It is the obligation of the buyer to prepare surfaces to which the goods may be applied so that they are suitable for such application.
3.2 If the goods are manufactured or any process is applied to the goods by the seller in accordance with a specification submitted by the buyer whether in writing or otherwise the buyer shall indemnify the seller against all loss damages costs and expenses awarded against or incurred by the seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent copyright design trade mark (whether registered or not)
or other industrial or intellectual property rights of any third party which results from the Seller’s
use of any or all of the Buyer’s specification.
3.3 The Seller reserves the right to make any changes in the specification of the goods which are required to confirm with any applicable legal or regulatory requirements (including but not limited to safety requirements) or which do not materially affect their quality or performance.
3.4 No order which has been accepted by the seller may be cancelled by the buyer except with the agreement in writing of the seller and on terms that the buyer shall indemnify the seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damage charges and expenses incurred by the seller as a result of cancellation.
3.5 Where a quotation is based upon information supplied by the buyer the buyer is responsible for its accuracy and any increased costs of supply resulting in any inaccuracy are the buyer’s responsibility.
3.6 All samples, drawings, descriptions, specifications, illustrations and advertising issued by the seller or contained in any of the seller’s catalogues or brochures or on any website connected with the seller (together “Samples”) are issued or published for the sole purpose of giving an approximate idea of the goods represented by or described in them. Samples do not form part of the contract this is not a sale by sample.
3.7 The seller requires the buyer, prior to the provision of the goods, to obtain any necessary consents and approval to:
3.7.1 The installation and/or application of the Goods, including but not limited to any planning and/or landlord consents;
3.7.2 the use of any logo, trade mark or design required for the goods (included but not limited to the right to use the copyright and any other intellectual property rights in such logo, trade marks and design).
3.8 All intellectual property rights (including but not limited to copyright) arising from the creation of goods by the seller shall remain the property of the seller and the buyer shall not copy or reproduce the goods without the prior written consent of the seller.
4. Price of the Goods
4.1 The price of the goods shall be the price set out in the order confirmation or (where the price is not referred to in the order confirmation) as set out in the quotation, or (where no price has been quoted or a quoted price is no longer valid) the price calculated by the
seller from its normal price list from time to time.
4.2 The seller reserves the right to increase the price of the goods to cover:
4.2.1 any increase in the cost to the seller which is due to any factor beyond the control of the seller (such as without limitation any foreign exchange fluctuation currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other
costs of manufacture);
4.2.2 any change in delivery dates quantities or specification of the goods which are requested by the buyer;
4.2.3 any delay caused by any instruction of the buyer or failure of the buyer to give the seller adequate information or instructions;
4.2.4 to comply with any requirements referred to in Conditions 2.4, 3.5 and 3.7.
4.3 Except as otherwise expressly set out in the contract all prices are given by the seller exclusive of:
4.3.1 packaging and delivery of the goods to the buyer’s premises; and
4.3.2 any applicable value added tax or other applicable sales tax or duty and such sums shall be added to the price.
5. Terms of Payment
5.1All payments have to be made in full and cleared before the seller will commence any work.
5.2 All payments must be made within fourteen days after the order has been placed.
5.3 If the buyer fails to make any payment within the given time frame then the seller shall be entitled to;
5.3.1 cancel the contract or suspend further deliveries of goods to
the buyer;
5.3.2 appropriate any payment made by the buyer to such of the goods (or the goods supplied under any contract between the buyer and seller) as the seller think fit (not withstanding any
purported appropriation by the Buyer); and
5.3.3 charge the buyer interest (both before and after any judgement) on the amount unpaid until payment has been made in full.
6. Delivery
6.1 Delivery of the Goods shall be made by either the buyer collecting the goods from the seller’s premises or by post or by courier the the buyer’s noted address.
7. Risk and Property
7.1 Risk of, damage to or loss of the goods shall pass to the buyer as soon as the goods have left the seller’s building, weather that be by post or courier.
7.2 Once the goods have been paid for in full and left the seller’s building they then become the property of the buyer for the buyer to do as they see fit (i.e apply, store, sell on etc).
8. WARRANTIES
8.1 When goods have been received, the buyer must check everything sent to make sure that it is correct, the buyer has seven days to report any mistakes to the seller. If a mistake has been noted by the buyer and they have reported to the seller within the time frame then the seller must put it right (i.e replace whichever section is wrong.
8.2 The seller will not be held responsible if the buyer has improperly used the goods in any way or the goods have been subjected to misuse, negligence, weather conditions and any alterations that have not been made by the seller.
Or
8.2.1 the buyer has not complied with any instructions relating to preparation of the surfaces and area to which the goods are to be applied
8.3 The above warranty does not extend to parts materials or equipment not manufactured by the
Seller in respect of which the Buyer shall only be entitled to the benefit of any such warranty or
guarantee as is given by the manufacturer to the Seller.
8.4 The buyer acknowledges that the above provisions of this condition 8 are reasonable and reflected in the price which may be higher without those provisions, and the buyer will accept such risk and/or insure accordingly.
8.5 The seller shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the seller’s obligations in relation to the goods if the delay or failure was due to any cause beyond the
Seller’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the seller’s reasonable control;
8.5.1 Act of God explosion flood tempest fire or accident
8.5.2 War or threat of war sabotage insurrection civil disturbance or requisition
8.5.3 Acts restrictions regulations byelaws prohibition of measures of any kind on the part of any
governmental parliamentary or local authority
8.5.4 Import or export regulations or embargoes
8.5.5 Strikes lockout or other industrial actions or trade disputes (whether involving employees or
the seller or a third party)
8.5.6 Difficulties in obtaining raw materials labour fuel parts or machinery
8.5.7 Power failure or breakdown in machinery
8.5.8 Default of suppliers or sub-contractors.
9. Data Protection
By placing a quotation, the buyer allows the seller to use the buyer’s personal details for the purposes of supplying the goods (including passing the buyer’s details on to subcontractors) and for the marketing to it by the seller.
10. General
10.1 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 at its registered office or principal place of business or such other address may be at the relevant time have been notified pursuant to this provision giving the notice.
10.2 The seller may transfer, assign, hold on trust, licence or sub-contract all or any part of its rights or obligations under any contract.
10.3 Each and every contract is personal to the buyer and the buyer may not transfer all or any of its rights or obligations under any contract without the prior written consent of the seller.
10.4 Neither party intends that any of the terms of any agreement will be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person not a party to it, save that Magnetic Marketing shall be entitled to enforce any provision of the Contract.
10.5 No waiver by the seller of any breach of the contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any provisions.
10.6 If any provision of these 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 conditions and the remainder of the provision in question shall not be affected thereby.
10.7 Any dispute arising under or in connection with these conditions and any contract shall be governed by and construed in all respects in accordance with English law and the parties hereby
submit to the non-exclusive jurisdiction of the English courts.
11 Returns Policy
We are happy for you to return for an exchange or refund any product, other than made-to-order, bespoke or customised items, that you buy from us within 7 working days of dispatch. The buyer must send the item back to the seller via a postal service that is recorded (i.e. the post is signed for) or trackable online. Buyers are responsible for paying the postage costs of returning items. Unless the product is faulty you will be responsible for the return cost and we recommend that you use a secure shipping method to return the item.
To arrange a return, email us here with your comments and include your eBay item number and buyer user ID. If you require a refund we will refund the full purchase costs including basic UK shipping (i.e. we will not refund enhanced shipping such as special delivery or insured charges) for faulty products and the purchase cost only excluding all eBay/Paypal fees plus a 10% restocking fee for other items.
Refunds will be made within 5 working days of receipt of product. Refunds and exchanges will be made provided you return the item to us in an "as sold" undamaged and in a fully resalable condition and in its original packaging with any free gifts or similar offers. We will comply with all appropriate UK consumer protection legislation including the Sale of Goods Act, the Distance Selling Regulations and the Trade Descriptions Act and in accordance with the Consumer Protection (Distance Selling) Regulations 2000
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