Terms and conditions of sale
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We trade under the eBay name customer-1st. Our registered company information is: MK Warehousing Ltd a company registered in England and Wales under number 04791837 whose registered office is at 1-1a Rashes Green, Dereham, Norfolk, NR19 1JG (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on our website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via this website
10. Website means our eBay store on which the Goods are advertised
Goods
11. The description of the Goods is as set out in this Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on this Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using the eBay messaging system other electronic communication methods and you expressly agree to this.
Basis of Sale
17. We guarantee that the goods that we supply will be to the correct specification as advertised, however we are unable to guarantee precise compatibility or suitability. It is the responsibility of the customer to check this prior to ordering. We try to ensure that all information provided is as accurate as possible.
18. We reserve the right to accept or reject any order for any reason whatsoever. No order will be considered binding unless and until it is accepted by us.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing. We will from time to time change the prices quoted on our eBay storefronts, but this will not affect contracts that have previously come in to force.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You may pay by any method offered at the time you place your order. Payment must clear with us before delivery of goods can be made.
26. Should we discover a pricing error or have no availability after you have clicked to buy, we reserve the right to not supply the goods ordered and to offer a full refund or alternative goods. Should you agree to alternative goods then these terms and conditions will apply.
Delivery
27. Should any item be lost or delayed in transit, we may need to wait at least 14 days after despatch before a replacement can be issued, depending on the delivery company used. In this case you may also be required to complete a missing item form.
28. Next day delivery means next working day. For instance if you purchase on a Monday before 12 midday the order should arrive on Tuesday. If you purchase on a Friday before 12midday the order should arrive on Monday.
29. Should you accidentally enter the incorrect delivery address when ordering the item and it has already been dispatched, it will be the customer’s responsibility to locate the delivery. We will only be able to resolve or resend once the product has been returned.
30. Should you deliberately fail to take delivery we reserve the right to store the goods until delivery is made possible and charge you for all associated costs.
31. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
36. We do not generally deliver to addresses outside England and Wales, Scotland, Ireland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
38. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
44. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
45. Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
46. The cancellation period will expire after 30 days the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 30 days after the first delivery.
47. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You must be able to show clear evidence of when the cancellation was made.
48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
49. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
50. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
51. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 30 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 30 days after the day you provide evidence that you have sent back the Goods.
52. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 30 days after the day on which we are informed about your decision to cancel this Contract.
53. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
54. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 1-1a Rashes Green, Dereham, Norfolk, NR19 1JG without delay and in any event not later than 30 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 30 days has expired. You agree that you will have to bear the cost of returning the Goods. These costs will be reimbursed if the product is proven to have become faulty.
All unwanted items must be returned in new and unused condition and in their original packaging.
55. Should you have difficulty returning any goods to us we might offer to help collect from you. If you accept this offer, it is on the strict basis that all costs for the collection will we taken off your refund.
56. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Warranty
57. Some goods are supplied with a manufacturer’s warranty. This is clearly stated where applicable. This warranty does not affect your statutory rights
58. If new goods develop a defect during their stated warranty period, we will request the item is sent back for assessment, then offer repair or replacement depending on the outcome of our assessment. Unless the item is faulty upon delivery we will not be liable for the costs of any return.
59. Should the item in question be discontinued then the closest alternative item will be offered, or a suitable partial refund can be arranged.
60. With regards to fitness for a particular purpose, we refute any implied warranty. It is the responsibility of the customer to satisfy themselves that the product purchased is suitable for the purpose intended.
Conformity
61. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
62. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
63. It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
64. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
65. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Excluding liability
66. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
67. Should any item arrive damaged, faulty or incorrect we limit our liability to the full purchase price of the product
68. We shall not be responsible for any third-party claims
69. In the event of a collection or swap out using a third party courier, we do not accept any liability in the event that they are delayed or fail to arrive.
70. We do not accept liability for damage or injury caused as a result of the use of any product we sell. It is the responsibility of the customer to ensure that the item is safe and suitable for the intended use.
71. All items are sold subject to the guidelines and instructions given in the user manual for the product. We accept no liability for these guidelines and instructions are not followed.
72. We do not accept liability for any damage or injury caused by faulty or negligent construction or fitting of any of our products. We strongly advise customers to seek professional advice if they are ever in any doubt regarding constructing or fitting any of our items.
73. It is the responsibility of the customer to ensure all users are made fully aware of all manuals, guidelines and instructions before use.
74. Where appropriate, it is the responsibility of the customer to ensure all items are kept out of the reach of any vulnerable person, children or pet at all times.
75. If the item is designed for children or animals, it is the responsibility of the customer to ensure that they are used under strict and proper supervision at all items.
76. Always consult your doctor before using any fitness or exercise product. For fitness and exercise equipment we strongly advise all customers to seek professional medical advice before use to minimise risk of injury. A suitable exercise program should be designed under supervision of a professional.
Governing law, jurisdiction and complaints
77. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
78. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
79. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
