Atisshop - Part of Sevenheads Enterprises
Terms of Sale (businesses and consumers)
Terms of Sale (businesses and consumers)
(1) Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
(2) Interpretation
In these terms of sale, “we” means Sevenheads Enterprises (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: [describe different technical steps to follow to conclude contract:
(i) you must add any the products or products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
(iv) you will be transferred to the PayPal or SagePay website, and PayPal or SagePay will handle your payment;
(v) we will then send you an initial acknowledgment; and
(vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We attach a copy of these Terms and Conditions to the confirmation of your order.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by on the ‘Overview’ page.
If error is noticed you can return to previous stages clicking on the ‘Back’ button and then making the corrections needed.
(4) The products and Services
Products and services are sold on this website are:
(i) Used {U}, reground {R}, unused {D}, new {N} (In terms of condition)
(ii) Engineering Goods such as: tools, Machinery, Instruments (Category)
(iii) Engineering tool and Component Products made to your order
(iv) Cutter re-grounding service
Ordering in iii and iv categories is subject to individual agreements.
(4.a) Description of products
Present website offer products in 4 basic product categories as detailed in 4.i section.
Products are placed in these product categories so you have a clear choice in terms of expectable condition and prices. Description will detail all major differences from the new condition of such an item. Minor differences will only be detailed in the “Unused” product category.
If you are in doubt or have query please contact us for clarification before buying at sales@sevenheads.co.uk.
Condition of Used and Unused Products
The condition of homogenous products will be described by a value from 1-10; for example a used gauge block in very good condition with only minor scratches will have number 8 or 9.
Complex product will be divided into main theoretical sections and these will be evaluated separately. For example a twisted drill with tapered shank will have 3 values: Tip, Side edge, and shank.
Condition Keys:
1 – Wear or chipped, for repair
2 – Strong wear or chipped no need to repair
3 – Medium wear or chipped
4 – Moderate wear or scratch
5 – Normal wear or scratch
6 – Light wear or scratch
7 – Good condition
8 – Very good condition
9 – Excellent condition
10 – “As new” condition
(5) Price and payment
Prices for products are quoted on our website except for 4.iii and 4.iv Service categories where quotes are given on your request taking into consideration individual requirements. Quote does not include VAT except otherwise stated.
The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products you will have to pay a delivery charge, which will be as stated before you pay for the product.
In case of 4.iii and 4.iv services you will need to pay for delivery and other charges as per relevant quote.
In case of purchase in bulk or of multiple items combined postage will be offered. (Example: to post 1 off X product cost £2 but 2 off X products cost £3, you save £1 on the postage for the 2nd product).
Payment must be made upon the submission of your order via chosen and available payment method. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Prices of products on this website include Value Added Taxes.
Payment for all products or services must be made by any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you are a business customer, then from time to time we may agree to open an account for you, enabling you to pay in arrears. Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products (or services), and you will pay such invoice within 30 days of the date of the invoice. Accounts will be subject to such credit limits as we may notify to you from time to time. If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.]
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
(7) Delivery policy
We will arrange the delivery for the good(s) sold to the address indicated in your order up to 50Kgs total load within the UK, 15 Kg within the EU, and 2Kgs to the rest of the world. Load of Goods weight more than state are subject to individual delivery agreements. We may refuse delivery of goods if transportation of goods involves relatively high risk or no available delivery method is suitable for given products.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
(7.a) Damages or Shortage of delivery
Claims for damages or shortage of delivery must be reported to us within 48 hours of receipt. After this time we will not be liable for any such claims. In case of visible damages to parcel, please check content in front of the driver or postman and ask for documentation of damage. We may ask you to forward these documents or their copy to us.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) Consumers: returns policy
This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section 12.
You may cancel a contract to purchase a product or products at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to:
(i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you;
(ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control;
(iii) the supply of newspapers, periodicals or magazines;
(iv) the supply of goods made to your specifications or clearly personalised; or
(v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must inform us in writing to our email address sales@sevenheads.co.uk (or via eBay messaging) and return the products to us immediately after we confirmed your request and advised return address which is not necessarily the main business address), in the same condition in which you received them, in original packaging if product is new, including all manuals and components. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us. You must use sufficient packaging to maintain condition of goods between sending and receiving by us and also insure the content against loss or damage.
If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
If you cancel the contract before you have received the goods, you must not open packaging and return goods immediately after receiving.
You cannot cancel any contract that is formed via or on auction sites such as eBay, and goods have been on sale under a “Sold as seen” condition.
(10) Consumers: statutory rights
Nothing in these terms of sale affects any statutory rights you may have as a consumer.
(11) Business customers: limitation of warranties
This Section applies only to business customers, not consumers.
We warrant to business customers that the products purchased from our website will:
(a) conform in all material respects to any applicable specification of such products published on our website / issued by us; and
(b) be free from material defects in materials and workmanship for a period of 1 year from the date of delivery of the products.
These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 15, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.
(12) Business customers: returns policy
This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section 9.
Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.
Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section 11, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges).
(13) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(14) Force majeure
In this Section and Section 15 below, “force majeure event” means:
(a) any event which is beyond our reasonable control;
(b) the unavailability of raw materials, components or products; and/or
(c) power failure, industrial actions, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force majeure event.
(15) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this:
(a) we will not be liable for any losses arising out of a force majeure event;
(b) we will not be liable in respect of any defect in the products arising from fair wear and tear, willful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party; and
(c) if you are a business customer:
(i) our liability in connection with any product purchased through our website is strictly limited to the higher of the purchase price of the relevant product and the replacement cost of the relevant product; and
(ii) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage.
(16) Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
(17) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).
(18) Consequences of cancellation
Upon the cancellation of a contract in accordance with Section 17:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 11, 12, 15, 16, 18 and 20 will survive termination and have effect indefinitely.
(19) Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
(20) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
For the Used and Unused (Not new) product categories we normally provide original product images, if we do otherwise we indicate the ‘Photo for illustration only’ wording.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy; use of our website will be subject to our website Terms and conditions of Use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 15: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(21) Special Conditions for sales made on eBay
First off all please note, due to several items that had been sent but was reported as 'not arrived' or suffered long delays (30-40 days) in the past in the area of Spain*, Portugal*, Italy*, the USA, ad Australia on 17/03/2010 we introduced the policy obligatory recording of consignments sent to these countries. As we have limited postal options to display, we only show the postal options relate to most of the cases. Special cases will be dealt with individually. “Recorded” consignment comes with a barcode which allows tracking and requires the recipient to sign for it. This comes with a Royal Mail fee (or if sent directly from Hugary a Magyar Posta fee) (current rates accessible at at www.royalmail.com or www.posta.hu) for non-EU EU clients on each consignment.
In any case, claiming a refund from us on non-recorded consignments (packets, etc) sent outside the UK, but have not arrived to customers, can only be processed after the 30+1 day item(s) has/have been dispatched and will require another maximum of 30 days to be paid. In case of any suspicious claim, claim will be reported primarily to eBay and the relevant official body such as police.
(22) About us
Our full name is Sevenheads Enterprises.
Our principal trading address is 36 Willingdon Road, N22 6SB UK. (This is not a return address, please contact us via email or phone before you intend to return anything.)
Our email address is sales@sevenheads.co.uk.
Our UK VAT Registration Number is: 980 2784 93
[Version 1.2] last modified: 17.03.2011.
