Terms and Conditions
Terms & Conditions
1. Any reference to Company/Seller shall mean Impact Skates, who sell or supply candles in the course of their trade or business.
2. Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form. Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order.
4. "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
5. These conditions shall apply to all of the company's quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by the company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company. For the consumer purchaser, additional conditions shall only be binding upon the company if confirmed in writing by the company.
6. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company.
7. Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies.
8. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
9. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection).
10. The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods , in addition, to allow the seller to remedy the defect or failure. Candles modified or adapted by the purchaser shall no longer be warranted by the company or be liable for any failures resulting subsequent to modification.
11. All Web or mail orders must be paid in full and cheques cleared before goods are dispatched.
TITLE AND DELIVERY
12. Title to the product shall not pass to the buyer until the company has received payment in full completing the contract.
13. All times given for dispatch or delivery are approximate and time shall not be of the essence. The buyer agrees to allow 30 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In any event, delivery times are approximate and variable. When delivery is effected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
14. The buyer is required to notify the company, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers own delivery contractor, loss or damage in transit claims should be made to the company and good returned to the company in appropriate packaging.
15. Buyers should retain all packaging in the event of a claim to return within the terms of this agreement.
CANCELLATION OF ORDERS AND LIABILITY
16. A consumer buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within fourteen working days from the day after delivery of the goods.
17. Cancellation of the contract can be effected by service of the Cancellation Notice annexed to these Terms and Conditions signed on behalf of the buyer and delivered by first class post to the Company's business address. Impact Sports and Impact Skates, Quay Road, Ryde, IOW PO33 4HH, United Kingdom.
18. If a Notice of Cancellation is received by the Company in accordance with clause 23 the consumer buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company preferably in their original packaging (and without having been installed or used) and at the consumer buyer's sole expense.
19. If the consumer buyer fails to return the goods within 14 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any direct costs involved in such collection from the consumer buyer.
20. The Company shall effect a refund of any monies owing to the consumer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set of monies to which the Company is entitled.
21. Goods delivered to the buyer may be returned to the Company in original packaging (packaging must be adequate for returning by post etc) and without being installed or used for credit within 14 days from the day after delivery of the goods. With the exception of the Special Offer Packs which are non-returnable or refundable.
22. The buyer confirms that they shall comply with any or all rules relating to the use of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified use shall not be accepted by the company.
23. This agreement shall be interpreted in accordance with English Law and industry custom and practice, and English courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of Internet sales, jurisdiction or the agreement shall be with English Law and it shall be deemed that any agreement is made in Ryde, Isle of Wight, United Kingdom, irrespective of any rule of contract dictating otherwise.