CMS WARDROBES LTD
GENERAL CONDITIONS OF SALE - EBAY
1. Definitions
“We”, “Us” and “Our” means CMS Wardrobes Ltd (UK Company registration number 10477573) trading as My Sliding Doors including through the eBay platform
“You” and “Your” means the person, firm or company including employees, agents and sub-contractors by whom the Goods are commissioned and purchased.
“Goods” means the materials, works or services described in the Contract, typically the supply of handmade metal framed sliding glass, mirror and wood doors with metal tracks.
“Quotation” means Our last issued Quotation document or online checkout summary, which operates in accordance with these CMS Wardrobes Ltd General Conditions of Sale and defines the scope of the Contract.
“Invoice” means Our last issued Invoice document or online checkout summary, which operates in accordance with these CMS Wardrobes Ltd General Conditions of Sale and the Quotation.
2. The Contract
You agree to purchase and We agree to supply the Goods in accordance with these CMS Wardrobes Ltd General Conditions of Sale. In the event of any conflict or apparent conflict between You and Us, these CMS Wardrobes Ltd General Conditions of Sale shall always prevail over Your Terms and Conditions of purchase. Your acceptance of Our Quotation and any Payment of the subsequent Invoice or Our agreed Delivery of Goods in absence of Payment shall be taken to imply that You have accepted the Terms and Conditions of this Contract and the full scope of the Quotation. No addition, alteration or substitution of these Conditions including those in Your purchasing Conditions will form part of the Contract unless and until accepted in writing by Us on an authorised headed document.
3. Proper Law & Jurisdiction
This Contract shall be governed by and construed in accordance with English law and all parties shall submit to the non-exclusive jurisdiction of the English courts.
4. Quotation & Invoice
All Goods purchased will be quoted on an individual order basis by Us to You either as an issued document or through the checkout of the eBay platform confirming the scope of what has been requested and the Price of the Goods. This Quotation will be supplemented with an Invoice by Us to You either as an issued document or through the checkout pages of the eBay platform, confirming all information required to accept the Quotation and pay for the Goods. By accepting the Quotation or by making any Payment, You are accepting the scope of the Quotation in full. Quotations are valid for 60 working days and are always subject to availability.
5. Price
You will purchase from Us the delivered Goods at the Price agreed in the Quotation and in accordance with these CMS Wardrobes Ltd General Conditions of Sale. If the Invoice contains the incorrect Price or if no Price is stated on the Invoice, then the Price for the delivered Goods will remain at the rates detailed in the Quotation. The Goods are always subject to availability and prices include VAT at a rate of 20%.
6. Payment
Unless agreed otherwise by Us in writing on an authorised headed document, You shall pay Us for the Goods agreed in the Quotation at a Price confirmed in the Invoice at the point of order. If Payment is not received or retained by Us either through non-Payment or through dispute once the Quotation has been accepted by You and the order has been placed with Us, We reserve the right to arrange for the collection or demand the return of any delivered Goods and to charge You reasonable costs for this activity. If Payment is not received or retained by Us either through non-Payment or through dispute once the Quotation has been accepted by You and the order has been placed with Us, We also reserve the right to charge You interest on the monies outstanding, calculated on a daily basis until Payment is made in full, whether before or after judgment. Such interest shall be calculated at the rate of 8% per annum above the base lending rate from time-to-time of Barclays Bank plc. In addition, We reserve the right to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
7. Delivery & Collections
Delivery of the Goods will be made by Us or Our courier to the Delivery address specified by You through the eBay platform. We are able to deliver to all of mainland UK (only), however we do not guarantee free delivery to all parts of Northern Scotland and We reserve the right to make changes to Delivery charges and the Contract after Payment has been made by You but before the order has been processed by Us and the Goods manufactured. If You do not accept these changes, We may enforce Our Right of Cancellation. We will take all reasonable steps to secure Delivery of the Goods within 15 working days of the date of order, however time is not of the essence for the purposes of this Condition and no Delivery will be attempted if You do not respond to Our courier when a Delivery date is being proposed. If You are not at the specified Delivery address for a pre-arranged Delivery then We reserve the right to charge You £99.00 + VAT to re-process and re-deliver the Goods. If You wish to change the Delivery date once it is agreed then You must give Us no less than two full working days notice prior to the planned Delivery. If less than two full working days is given by You, an additional £99.00 + VAT may be charged by Us to You. It is Your responsibility to check the Goods for patent defects before accepting them and make any damage known to Us before the Delivery driver leaves the Delivery address. We cannot accept Liability for Goods damaged after Delivery if accepted by You in satisfactory condition. If You wish to return any unopened and unused Goods after Delivery but within the return period, We will charge You £99.00 + VAT to collect the Goods, process them and restock them. All returns must be collected from the same address they were delivered to as there We have no facility to receive returned Goods in any other way.
8. Quality
The Goods shall,
i) Conform in every respect with the provisions of the Contract and the Scope of the Quotation.
ii) Be fit for the purpose made known to You.
iii) Comply with any current applicable legislation.
iv) Arrive in good time at the location specified on the Quotation.
9. Platform Accuracy
The content of the pages of the eBay platform is for Your general information and use only and is subject to change without notice. Neither We nor any third parties provide any Warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the visuals, materials and information found or offered on the eBay platform for any particular purpose. This includes the appearance of colours, textures, finishes, shapes, designs or scaling relating to any of the photos, images, sketches, descriptions or visual 2 and 3 dimensional graphics rendered in any browser and displayed on any screen or device. You acknowledge that such visuals, materials and information may contain inconsistencies, inaccuracies or errors and although every effort shall be made by Us to ensure visuals, materials and information displayed on the eBay platform are a true representation of the physical item being designed, viewed or purchased, We expressly exclude Liability for any such differences, inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on the eBay platform is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through the eBay platform meets Your specific requirements.
10. Variations
You have the right before Delivery, to request a change including cancellation. If changes are agreed between You and Us which will cause an increase to the Contract Price, then We will advise You through a revised Quotation and Invoice and We are to receive the necessary balancing Payment before the order, Goods and Delivery are progressed further for the purpose of modifying the Goods. If changes are agreed between You and Us which will cause a reduction to the Contract Price, then We will advise You through a revised Quotation and Invoice and the relevant over-Payment agreed by Us will be returned to You within 10 working days of the agreed change. Each agreed change to the Goods once paid is to have precedence over any earlier Quotation.
11. Our Right of Cancellation
We may terminate the Contract and cancel the Goods including any agreed order change without financial penalty at any point prior to the Delivery of Goods by sending You an email notice of termination. Any payment made by You to Us for the Goods cancelled by Us will be returned to You within 10 working days of the cancellation confirmation.
12. Warranty
The moving parts of the Goods supplied by Us to You are guaranteed for 10 years, with the rest of the goods guaranteed for 1 year against faulty materials or components and sub-standard workmanship, subject to the specification of the Goods as per the Quotation. If You wish to make a Warranty claim, You must notify Us in writing and then return the Goods at Your cost to Us, where We will make a full inspection within 2 working days. If We believe Your claim to be invalid, We will immediately inform You in writing with a full explanation and where necessary photographs and evidence. You will have the opportunity to discuss any decision made. Where any valid claim based on any defect in the Quality or condition of the Goods or their failure to meet specification is notified to and accepted by Us in accordance with these CMS Wardrobes Ltd General Conditions of Sale, We shall refund Your return shipping costs within 10 working days (subject to a valid receipt) and We shall be entitled to replace or exchange the Goods (or part thereof) free of charge. At Our sole discretion, We may choose to refund to You the Price of the Goods (or a proportionate part of the Price) within 10 working days, but We shall have no further Liability to You. The Warranty does not apply to Goods which swell due to intake of or exposure to excessive moisture or any other neglect or misuse on the part of You after Delivery. Our Liability under this Warranty shall not extend to costs or charges (without limitation) of unfixing, reaffixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect Your statutory rights).
13. Force Majeure
We shall not be liable to any party or deemed to be in breach of the Contract by reason of any delay or failure to perform any of Our obligations in relation to the Contract, if the delay or failure was due to any cause beyond Our reasonable control, including (without limitation) any strike, lockout or other labour dispute, adverse weather conditions, travel delays and mechanical breakdowns, failure of power supplies, war, act of hostile forces, civil disturbance, extensive disruption of public services or other events or circumstances outside Our reasonable control.
14. Dispute Resolution
If any claim or dispute arises under or in connection with the Contract, the parties will attempt to settle such claim or dispute by negotiation. If the parties have not settled any claim or dispute by negotiation within 20 working days from the initiation of the Dispute, the Dispute shall be referred to and finally resolved by the courts in accordance with clause 3.
15. Limitation of Liability
The following provisions set out the entire financial Liability of CMS Wardrobes Ltd (including any Liability for the acts or omissions of its employees, agents and sub-contractors) to You in respect of any failure to supply Goods without reasonable care and skill, any breach of the Conditions, any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
i) Except as set out explicitly in the Conditions, all warranties, Conditions and other Terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. Nothing in these Conditions excludes or limits the Liability of Us for death or personal injury caused by Our negligence, for any matter which it would be illegal for Us to exclude or attempt to exclude Our Liability or for fraud or fraudulent misrepresentation.
ii) Our total Liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price only and We shall not be liable to You or any party for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential and any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
iii) This Clause (14) shall survive termination of the Contract.
16. Additional Rights
The following provisions set out additional rights under this agreement,
i) Any failure by Us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of Our rights or of the right at any time subsequently to enforce all Conditions of this Contract.
ii) If any Term in this Contract is held invalid, this shall not affect the validity of the remaining Terms.
iii) All rights granted to Us shall be cumulative and no exercise by You or Us of any right under the Contract shall restrict or prejudice the exercise of any other right granted by the Contract or otherwise available to it.
iv) The Contract and all rights under it may be assigned, transferred or sub-contracted out by Us.
v) The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.
vi) Any person who is not a party to the Contract has no rights under The Contracts (Rights of Third Parties) Act 1999 to enforce any of the Conditions.
17. Intellectual Property
All Intellectual Property Rights and all other rights in the Goods are owned by Us solely including all patents, rights to inventions, utility models, copyright and related rights, trademarks, Service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered including all applications for any renewals or extensions of such rights and all similar or equivalent rights or forms of protections in any part of the world.
18. Confidentiality
Any information about Us communicated to You in connection with the Contract shall be used for the sole purpose of carrying out the Contract, shall be kept confidential and shall not be published or disclosed to any third party without written consent by Us on an authorised headed document.
19. Customer Services
Please email Us at info@myslidingdoors.co.uk or call Us on 0161 498 6444 if You have any question, query or concern relating to Your Goods, Quotation or a potential order with Us.
