Select Personalisation Terms and Conditions
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 "Seller" means Select Personalisation of 1a Marlborough House, Marlborough Street, Kidderminster, Worcestershire. DY10 1AY;
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is EXCLUSIVE of VAT unless stated otherwise and EXCLUSIVE of any delivery charges unless stated otherwise.
3.2 Whist we make every effort to ensure the accuracy of the information published on our website, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. If an error is made and a product is listed at an incorrect price, Driving Sales maintain the right to charge the correct price when a genuine error has been made. Driving Sales Ltd maintain the right to refund or cancel orders placed at incorrect prices.
3.3 The majority of our product samples are supplied Free of Charge however some of our products may be chargeable. This cost can be refunded against your order placed for this item. Delivery costs will be charged for sending out samples, if the samples are returned the cost is the responsibility of the buyer.
3.4 Initial orders are on a pro-forma basis and payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods. Subsequent orders subject to approval can be invoiced for payment within an agreed invoice period of 28 days.
3.6 Credit Card payments are subject to a processing fee of 1.89% of the total invoice.
3.6 Late payment fees after the 28 day invoice period or delivery date for pro forma orders has lapsed will be charged at 8% above the Bank of England base rate and calculate on a daily basis from the date of the invoice.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within the advised lead time of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 All deliveries are collected, routed and delivered subject to our carriers terms and conditions. As these vary by carrier we advise you to read them prior to placing your order.
4.41 DHL Express: www.dhl.co.uk/en/express/shipping/shipping_advice/terms_conditions.html
4.42 Fedex: www.fedex.com/gb/services/terms/
4.45 Interlink: www.dpdlocal.co.uk/terms-and-conditions.jsp
4.5 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order, accept an alternative, receive a full refund or agree a later delivery date.
4.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.7 We reserve the right to supply 5% + / - on all orders.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of the Manufactures Guarantee from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 selectpersonalisation.co.uk reserve the right to use any designs / images / photographs used as examples of completed work for publication on this website or other marketing material unless requested not to. It is the customer's responsibility to ensure that any designs / images / photographs do not infringe copyright or license agreements, selectpersonalisation.co.uk will not be liable for any actions in this regard. If through legal process selectpersonalisation.co.uk is held liable, then you agree to fully indemnify selectpersonalisation.co.uk for all costs. Please call or email us to raise any concerns and we will immediately remove any images.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
New rules for Online Dispute Resolution in force from the 15th February 2016
From 15th February 2016 all online businesses that are committed to using ADR must also provide information about the ODR platform in their contractual terms and conditions (link below).
VISIT EUROPEAN COMMISSION ODR by clicking here
From January 2016, the European Commission will set up an online platform (the ODR platform). This will allow consumers who have a complaint about a product or service bought online to submit the complaint via an online complaint form to a trader based in another European country. In cross-border disputes, consumers needing assistance in filling out the form and traders receiving a complaint will be able to get information and assistance from advisers based in their own country, who will work with their European counterparts to facilitate communication between the parties involved in the dispute.
From 9 January 2016, all online traders must provide a link to the ODR platform on their website and state the online trader's e-mail address, irrespective of whether they currently market their products or services to consumers in other Member States. An online marketplace must provide a link to the ODR platform on its website.
Where, under an enactment, trade association rules or a term of a contract, a trader is obliged to use an ADR procedure provided by an ADR entity or EU listed body, the trader must, in addition, provide a link to the ODR platform in any offer made to a consumer by e-mail and inform consumers of the existence of the ODR platform and the possibility of using the ODR platform for resolving disputes. This information must also be provided in general online terms and conditions for sales or services contracts where they exist.