Standard Terms & Conditions of Use & Sale
Despite our best efforts to immediately update price changes and amend prices which may have been displayed in error on our website, or other advertisements, it is not always possible to do so due to technical difficulties and limitations. If you have placed an order in such circumstances we will contact you and you will have the option to proceed with the correct prices or cancel the order. AA Labels.com reserve the right to change any price or specification without prior notice. Goods supplied by AA Labels.com are warranted against failure due to design faults, material, or workmanship for a period of 3 months from the date of purchase. This warranty is limited to the replacement of the faulty goods or refund of the full purchase price. AA Labels.com cannot accept responsibility for any damage caused by incorrect installation or handling, inappropriate or incorrect use, or misuse in any way, or the use of the goods under adverse circumstances. It is the customers responsibility to ensure that any items purchased are compatible and suitable for their intended purpose, i.e. Please check the compatibility of a material with your printer before ordering, it is your responsibility to ensure you order the correct item. AA Labels.com cannot accept responsibility for any damage or loss caused by incompatibility, incorrect installation, handling, inappropriate or incorrect use, or misuse in any way. It is the customer's responsibility to check goods on receipt for any transit damage, or discrepancy in the items ordered. AA Labels.com must receive any such notification within 5 working days of receipt of the goods. Returns of non-faulty goods i.e. ordered incorrectly or unwanted etc. are generally not accepted as all labels are produced to order in the customers required material and size. However returns may be considered on request, at our discretion only and subject to agreement. All returns agreed will be subject to a restocking charge of 35% of the original purchase price to cover costs incurred by AA Labels.com. All goods remain the property of AA Labels.com until paid for in full, during any period of non-payment the customer may not sell or transfer the goods to any other party. All brands and trademarks belong to their respective owners and are referred to, only to identify their products and to identify which products are compatible with others. AALabels products are not made or endorsed by the Avery Dennison Group. Avery, Avery codes, brands and product names are trademarks of Avery Dennison Corporation. References are used for label sizes and templates available in many software packages. Any layout templates supplied by AA Labels.com are intended for guide only and no responsibility is accepted for inaccuracies or variances between the goods supplied and these templates. Your statutory rights are not affected. Credit Account Terms & Conditions of Use & Sale (30 Day Terms). Available for Government funded bodies only.
1 Interpretation
In these conditions the following words have the following meanings: The 'Buyer' The person(s), firm, company or organization, who purchases the Goods from the Company. The 'Company' AA Labels of Unit 3, Fengate Trade Park, Fengate, Peterborough, PE1 5XA 'Contract' Any contract whether written, verbal or a combination, between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions. 'Writing' Includes online, fax, telex, cable transmission, orders and any other comparable means of communication. 'Goods' Any goods and associated service agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them). References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that provision as amended, re-enacted or replaced at the relevant time. The headings in these conditions shall not affect the construction of these Conditions or their interpretation.
2 Basis of the sale
Goods are sold and supplied by the Company to the Buyer subject to these Terms and Conditions which shall govern the Contract to the exclusion of all other terms and conditions, including the Standard Terms and Conditions of the Company (Non-Credit Accounts) for cash and credit card consumer sales and any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, acceptance of quotation, specification or other document. The Company reserves the right to refuse to trade with any Buyer who does not accept the Company's terms and conditions. No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Company and signed by a director of the Company. Any typographical, clerical or other error or omission in any literature, pricelist, quotation, invoice, website or any other document or information issued by the Company shall be subject to correction without liability on the part of the Company
3 Orders
Each order for Goods whether verbal or in Writing and submitted by telephone, fax, post, email, purchase order, online or any other means, submitted by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Terms and Conditions and shall be accepted entirely at the discretion of the Company. No order placed by the Buyer whether by telephone, fax, post, email, purchase order or online or by any other means shall be accepted by the Company until the Company delivers the Goods to the Buyer. Each order, which is so accepted, shall constitute an individual legally binding Contract between the Company and the Buyer. Any quotation supplied by the Company is given on the basis that it is valid for a period of 7 days only from its date, provided that the Company has not previously withdrawn it. Any quotation does not represent an obligation on the Company to supply until the Buyer's order is accepted by the Company. It is the Buyer's responsibility to ensure the accuracy of the details specified on the order and to ensure compatibility or suitability of the items ordered for their intended purpose. No order which has been dispatched by the Company may be cancelled by the Buyer except with the Written agreement from the Company and the Buyer shall indemnify the Company in full against loss, costs and damages (including labour, materials, delivery and charges made by suppliers) incurred by the Company as a result of the cancellation.
4 Specification
The specification of the Goods shall be in accordance with the manufacturer's current catalogue, brochure or other information as published from time to time and any further specifications or descriptions expressly listed or set-out on the face of the Contract. No other specification descriptive material written or oral representation correspondence or statement promotional or sales literature shall form part of or be incorporated by reference into the Contract. The Company reserves the right to make any changes in the specification, price and availability of the goods without prior notice. The Company does not accept any responsibility for damage, injury, loss or expense resulting from variations in manufacturers' data or specification or from curtailment or cessation of supply following such variations. The Company will use its reasonable endeavors to advise the Buyer of any such variations as soon as notification is received by the Company from manufacturers. In the event that a generic or compatible branded item is not available at the time of dispatch the Company reserves the right to substitute the item ordered with another brand of equal or higher value. This does not apply to original brand products.
5 Price and Payment
The prices displayed on the Company's website are for cash and credit card sales only and include a 2.5% discount off the Company's standard pricelist. Unless otherwise agreed by the Company in Writing the Company's standard prices shall apply to all credit account customers and this will be reflected in the total amount on the invoice. Accordingly the price of the Goods will be the price as published on the Company's online catalogue +2.5%, or the price quoted by the Company at the time of placing the order. The Company reserves the right to vary any prices before delivery, without prior notice to the Buyer. If a price increase takes place after the Buyer has placed the order, the Company will advise the Buyer and the Buyer will have the option to change or cancel the item without any obligation. The Company shall be entitled to invoice the Buyer for the price of the goods ordered on or at any time after the delivery or collection by the Buyer of the goods. Delivery charges (where applicable) and UK VAT will be applied at the rate in force at the time when the invoice is prepared. The Buyer shall pay the price of the goods within thirty (30) days of the date of invoice unless otherwise agreed in Writing. The time of payment of the price shall be of the essence of the contract and no payment shall be deemed to have been received until the Company has received cleared funds. Receipts for payment will be issued only upon request. If the Buyer fails to make any payment by the due date, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract and suspend further deliveries. All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision. The Buyer shall make all payments due under the Contract without any deduction or delay whatsoever whether by way of set-off, counterclaim, dispute, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer. If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of Barclays Bank, accruing on a daily basis until payment is made, whether before or after any judgement. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. The Buyer will pay any additional fees incurred by the Company in relation to the collection of any outstanding amounts due and payable by the Buyer to the Company.
6 Delivery
6.1 The Seller will endeavour to dispatch all orders, containing in stock items, the same day, if received before 2pm, Monday - Friday. 6.2 Goods supplied within the UK will normally be delivered within 3 - 4 working days of acceptance of order. If Goods have not been received by the Buyer after 3 - 4 working days, the Buyer must contact the Seller by email: customercare@aalabels.com or telephone: 01733 588 390. 6.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 6.4 The Seller shall use its reasonable endeavours to meet any date agreed 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. 6.5 All orders are dispatched via recorded delivery services and require an authorised signature before delivery can take place. It is at the Sellers discretion as to which carrier service is used to dispatch the Goods. 6.6 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 6.7 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. 6.8 If Buyer is unable to receiver goods during daytime (9 am - 5 pm) on address he/she provided while placing an order, goods are returned to Sender within 7 days. Buyer is then charged to arrange another delivery. The Company reserves the right to make an additional charge to cover any transport cost incurred in delivering the Goods to the address specified in the Contract. Delivery times or date given by the Company is given in food faith and not guaranteed. Time for delivery shall not be of the essence. If no time or date is given, delivery will be within a reasonable time. Delivery of the Goods shall be made to the Buyer at the place agreed between the parties at the time the order is placed. The Company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall constitute a separate contract, which may be invoiced separately. Neither any non-delivery nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject or cancel any other Goods. If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods because the Buyer has not provided adequate delivery instructions, then without prejudice to any other right or remedy available to the Company, the Company may store the Goods until actual delivery whereupon the Buyer will be liable for all related costs and expenses including without limitation, storage, insurance, re-packaging and re-delivery charges incurred by the Company as a result. The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. It is the Buyer's responsibility to inspect the Goods on receipt for any transit damage, short delivery or non-delivery, any subsequent related claims must be received by the Company within 3 days after delivery to the Buyer. Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note to the Buyer at the pro rata Contract rate against any invoice raised for such Goods. The Company will replace free of charge any goods proved to the Company's satisfaction to have been damaged in transit Writing of the occurrence of the damage. A notification in Writing of the occurrence of the damage to the carrier may also be requested.
7 Risk and Title
All risk in the Goods including loss or damage and insurance liability shall pass to the Buyer upon delivery of the Goods to the Buyer, either at the Company premises or any other agreed delivery point. Title of the Goods shall not pass to the Buyer until the Company has received in full (in cleared funds) all sums due to it in respect of the Goods and of all other Goods agreed to be supplied by the Company to the Buyer for which payment is then due. Until such time as title in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods properly stored protected and insured and identified as the Company's property. The Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. The Buyer shall not be entitled to pledge or in any way charge by way of security for an indebtedness any of the Goods which remain the property of the Company but if the Buyer does so all moneys owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
8 Warranties and Liabilities
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email:customercare@aalabels.com or Telephone: 01733 588 390 within 7 working days of delivery if the Goods are damaged or do not comply with the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. 8.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a replacement or full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. 8.3 In accordance with the Consumer Protection Distance Selling Regulations 2000, If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by Email: customercare@aalabels.com or Telephone: 01733 588 390 within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer. 8.4 Goods ordered in error will not be refunded or replaced. 8.5 Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. 8.6 Goods to be returned must clearly show the order number obtained from the Seller within the packaging. 8.7 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. 8.8 Goods may only be returned to the Company with a valid RMA number and returns must be received by the Company within 10 days after issuing the RMA number. The Company cannot accept responsibility for any Goods received by the Company without a valid RMA number and the Company may be unable to locate or process such returns. 8.9 The Company shall not be under any liability whatsoever or howsoever arising from any loss of use or loss of profit, interruption of business or any other direct or indirect consequential loss of any type alleged to have arisen out of any act of the Company in respect of its obligations. The Company shall not be held liable for any loss, damage or destruction of any data or image placed by the Buyer on memory products, which are supplied to the Buyer by the Company under the terms of the Contract. 8.10 Any advice or recommendation given by the Company or it's employees and agents to the Buyer which is not confirmed in Writing by the Company shall be followed or acted upon at the Buyer's own risk. Accordingly the Company shall not be liable in any way for any such advice or recommendation. 8.11 The Company's aggregate liability to the Buyer arising from negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of Goods ordered or supplied which gave rise to such liability as determined by the net price invoiced to the Buyer. 8.12 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 8.13 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
9 Intellectual Property Rights
Where products advertised in any of the Company's publications or on its website are subject to any patent, trademark, registered or unregistered design or copyright (Intellectual Property Rights) of third parties, the Buyer acknowledges that all such rights are the property of their respective owners. Any design or instruction furnished or given by the Buyer to the Company shall not be such as will cause the Company to infringe the intellectual property rights of the Buyer or any other third parties. The Buyer is not permitted to use the Company's logo or trademark or any other material without the prior approval in writing from the Company.
10 Force Majeure
The Seller shall not 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
11 General
Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract. No waiver by the Company of any breach of Contract by the Buyer shall be deemed a waiver of any subsequent breach of the same or any other terms of the Contract. The Company reserves the right to cancel or suspend any further deliveries or service to the Buyer or close the account under the Contract or under any other contract between the Buyer and the Company for any reason and without stating any reason to the Buyer. The Buyer agrees that the Company may store and use the Buyer's data for the purpose of marketing and sales of the Company's products and services. Personal data will not be shared with third parties without the prior consent of the Buyer. Where Goods are supplied to Buyers as end users, any statutory rights are not affected by these terms and conditions. English law shall govern the Contract and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute.
12 CONDITIONS
12.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer. 12.2 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. 12.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. 12.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 12.5 Any complaints should be addressed to the Seller's address.
13 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14 SEVERANCE
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.
15 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16 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.
