CONSUMER TERMS OF SALE for Ex-Pro Products Limited T/A Directcal (Ebay)
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
References
Supplier herein know as "Ex-Pro Products Limited"
The Purchaser herein know as "You"
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Ex-Pro Products Limited T/A Directcal (Ebay) through Ebay. Applicable to any member state.
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation.
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
1.6 The Supplier can cancel the contract at any time by giving notice in Writing, by Email or by Fax without reason if required. A record of this cancellation will be kept for 30 days.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods in full.
2.3 Every effort is made to ensure that prices shown on the Supplier s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
2.5 The supplier is not liable for any costs derived from non delivery of a product for whatever reason.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 9:00 am on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Suppliers control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible when information becomes available.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as UNCHECKED. Failure to do so may affect any warranty claims that you make thereafter.
4.8 Ex-Pro Products Limited is not liable for any delays in processing or vetting of credit cards through any service your order is paid. When your order is placed the order will be checked and confirmed with your card issuer, in some cases this can be instant and with some orders this can take some time, Ex-Pro Products Limited reserve the right check the GEO IP location of an order and placement to valid such orders prior to despatch.
4.9 Errors and omissions from your order MUST be reported in writing either by email, Letter or by Fax detailing the issue within 7 days of receipt. Beyond this period and error or omission found will not be accepted. It is important that you check your order on receipt.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier including admin and recovery costs, this includes situations where the customer has revoke credit card payments, such fee's include bank charges, admin costs associated with obtaining payment and the revocation of the original payment. In such cases these costs will be invoiced and passed to a 3rd party collection firm for collection, this may incur further costs.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, "by definition" this would be goods shipping to a "PLACE OF BUSINESS" not a "RESIDENTIAL ADDRESS" or a residential address operating as a business under a business name, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 14 days after you receive the goods, unless you a business customer. (see below)
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, fax or email or through our designated Returns Support System giving details of the goods ordered and (where appropriate) your order number. Notification by phone is not sufficient and will not be recorded any calls as such should be followed up by the above. (7.2).
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost, we recommend using a traceable method of postage, we are not responsible for your item should it be lost or stolen in the post. If you choose to use our own returns service we will deduct the applicable service costs prior to refund, however Ex-Pro Products Limited are not liable for the goods until returned and logged in our depot, even when using our 3rd party returns service. The goods must be returned to the address by requesting returns authorisation. You must take reasonable care to ensure the goods are not damaged in the meantime or damaged in transit (Eg Packed correctly) and are returned un-used in the condition they were supplied to you. You are fully responsible for their safe return in the condition that they were supplied, providing you have done so and requested to return goods within 14 days of the date of delivery (Cooling off period) we will refund the purchase cost in full. In the case of faulty, incorrect or damaged goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, we will provide you with our returns service details, should goods be established as "not at fault" following testing the return cost relating to your products return will be deducted prior to refund as your order return will be treated as "not required" (providing it is within the cooling off period), if the return is outside the 14 day cooling off period we will re-deliver the order back to you at your cost by carrier or courier.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, subject to our terms and conditions for rights of cancellation and when the request was made.
7.5 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned and resold once opened and used, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
7.7 Where an item was specifically ordered (Specific part created for specific apparatus or special ordered parts for specific purposes) returns may be subject to a 35% re-stock charge at the discretion of Ex-Pro Products Limited. This does not apply to business to business transactions where a no refund policy applies.
7.8 Direct business transactions are exempt from the right to cancel, goods can only be returned for exchange should they be faulty within the stipulated period (if not stated 1 year providing the unit has not been used in commercial circumstances), see Warranty returns.
7.9 If you request returns refund beyond our 14 day policy but before 30 days for any order not required from the date of sale, this will be authorised solely at the discretion of Ex-Pro Products Limited and may be subject to processing costs for restocking, this will checked on an individual case basis and will be a sole discretion of Ex-Pro Products Limited, any decision made is final.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated by way of extended warranty or direct manufacture warranty or reduced clearance or "refurb warranty"). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier s instructions, or any alteration or repair carried out without the Supplier s approval. Orders returned will be checked by our technical support team and if the damaged is user related this will be notified within 14 days.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or fax number shown below within 14 days, usually we will request return of the item using our returns service or collect the item and issue a new item.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via our Returns Support system, email or fax number shown below, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint. Items will be tested by qualified engineers to establish any fault reported, if the item is discovered to be NOT AT FAULT, your attention is drawn towards Section 7, Line 7.3.
8.5 Where an item is supplied to a business warranty does not cover commercial use of any item, should the item be used in a commercial environment or re-sold, the item is not eligible for returns replacement under warranty.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier s negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement or order.
9.4 If you are a direct customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (consequential or associated or indirect costs), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement or order.
10.1 If you are returning an item because of an error on our part or, in accordance with our returns policy, because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you (where applicable) and pay your costs of returning it to us (this will be via our FREEPOST RETURNS Service applicable to your return and issued to you direction). Specific rules apply to the return of larger / more expensive electrical items, usually these items will be arranged for collection.
10.2 Ex-Pro Products Limited will check all items returned as damaged or defective. In the event we find no fault with your order, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you prior to refund. Refer to section 7.3 - Note: Our returns services are not available for all UK delivery addresses, and they are not available for delivery addresses outside the UK. The Returns Support Centre will generate the relevant returns details for you directly in these cases.
10.3 Items returned within the fourteen-day cooling off period.
10.4 Where you are choosing to withdraw from your purchase within the fourteen working day cooling-off period following receipt of your order, and there has been no error on our part, we will refund the cost of the item only and the cost of sending the item to you as follows if applicable. When returning an order within the fourteen working day cooling-off period you are obligated under the DSR regulations to return the order (items) exactly as supplied, complete with all accessories and seals / shrink wrap where applicable intact. Items must not have been used and must be returned in a saleable condition. Items such as CD-ROMs'/software/Audio & Video's are excluded from this policy. :
where you are returning an item that was part of a larger order, we'll refund the per-item charge for delivery that you incurred relevant only to that item.
where you are returning an entire order, we'll refund applicable per-item delivery charges and the per-delivery charge that you incurred
we will not refund standard (Airmail) postage charges for items delivered outside the UK.
where we collect an item from you or use our returns service, we reserve the right to recover the full costs of collection including services charges where applicable.
if you use a personalised pre-paid return label, we will deduct this return postage service cost from your overall refund, including service chargers.
If you are not intending to use our returns service, but instead whish to return the item of your own accord please ensure you have the necessary returns authorisation by requesting details online, ensure that your item is returned using a traceable postage method.
We will not refund any other services provided to you in connection with your purchase unless you return the item to us because of an error on our part or because it is defective.
Note: Our returns services are not available for all UK delivery addresses, and they are not available for delivery addresses outside the UK. The Returns Support Centre will generate the relevant returns details for you directly in these cases.
10.5 For items returned beyond the fourteen-day cooling off period, up to 30 days following date of sale, where you are withdrawing from your purchase between fourteen and 30 days after the date of sale, and there has been no error on our part, we will refund only the cost of the actual product solely at the discretion of Ex-Pro Products Limited this will be less our costs and re-stocking charge, items not authorised can not be returned for refund. We will not refund the cost of delivery or other services provided to you in connection with your purchase. If you use our returns service, we will deduct the return postage from your overall refund. If you return the order directly, ensure you use a traceable method of postage, no refund will be given for these costs.
10.6 For items beyond 30 days following date of sale, these orders are covered by applicable warranty for exchange/repair only. These items can not be returned for refund.
10.7 Items returned without authorisation will be returned to you at cost or we may treat the return if within the 14 day cooling off period we will automatically treat the return as not required and applicable terms and conditions will be applied. Always request returns authorisation prior to returning any item, please advise of your intention to do so, your reasons for doing so and await details. Please ensure you request this via our returns system. Failure to do so may mean that the item would return to you directly as undelivered.
11. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you. No data is stored relating to credit card transaction by T/A Ex-Pro Products Limited following your order nor do we sell or disclose our client data to any other 3rd parties. We do not sell or use our data for any other purpose, all personal data processed by our merchant authority is maintained under their own DATA PROTECTION POLICY.
12. Images
Product images are for illustrative purposes only and may differ from the actual product, please take note of the description of the item and the basket description, whilst we maintain our site regularly at some points images do differ, we are unable to address this in some cases due to the speed of supply and the nature of these products.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
Should you require any point clarifying, please email prior to ordering
