General terms and conditions of sale
This Policy (“Conditions of Sale”) governs the processing of Magys Corporation Ltd (hereinafter referred to as XtraCOOL , we , us , our ).
1. Website ownership/seller’s details: Magys corporation Ltd. Company Number 13827907. Registered Address: Regus Gatwick C/O Sipher Accounting & Tax, Churchill Court, 3 Manor Royal, Crawley, United Kingdom, RH10 9LU, is the owner of the website Www.xtracool.co.uk and of all the domains connected to them with the purpose of remote sale via the internet of products (below simply called “online sale”). E-mail address: info@xtracool.co.uk
2. Applicable law: the sale agreement stipulated between the Customer and XtraCOOL will be regulated and interpreted in compliance with the English Law.
3. Acceptance of the general conditions of sale: when the Customer places an order according to the methods and procedures shown in the Websites, he simultaneously confirms his viewing and understanding of the general conditions of sale, the payment and the delivery hereafter listed as well as his unconditional acceptance thereof. These conditions are integral part of the sale agreement between the Customer and XtraCOOL. Therefore, XtraCOOL requests you to read them carefully, print them or, in any case, keep a copy. XtraCOOL will not consider binding any condition other than what previously agreed in written form. The conditions of sale will remain in force until they are changed by the supplier. Any change will become valid when it is published on XtraCOOL website and will refer to the sales made from that moment on.
4. Payment
4.1 If XtraCOOL has not granted credit to the Customer, payment terms are cash with order.
4.2 Credit terms (subject to satisfactory references and at XtraCOOL s absolute discretion) are available. If credit has been granted, on acceptance of a Customer s order, XtraCOOL will issue that Customer with an invoice. Such invoice will be sent by email in PDF format, unless otherwise agreed between XtraCOOOL and the Customer. The Customer shall pay the price of the product by the 20th day of the month following the month in which the products are dispatched. All payments must be made without any set-off, deduction or counterclaim.
4.3 If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
i all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
ii XtraCOOL may apply a compensation charge as an estimate of administrative and other wasted costs incurred by XtraCOOL to the Customer of £40 for outstanding sums up to £999.99; £70 for outstanding sums between £1,000 and £9,999.99; and £100 for outstanding sums of £10,000 or more; and
iii XtraCOOL may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate The Late Payment of Commercial Debts (Interest) Act 1998 (the Act) provides businesses with the statutory right to charge interest and a fixed administration fee on overdue invoices. Compounded monthly; and
iv XtraCOOL may stop accepting orders and/or suspend shipments until payments are made in full.
5. Prices: All price lists, discounts and offers are agreed with the Customer’s reference sales department. Prices indicated in offers and price lists are not binding and may be subject to changes without notice. Prices do not include packing, transport, VAT and other related charges. All the expenses for the issuing and the collection of bank fees and cash orders are charged to the Customer.
6. Transport costs and minimum order: transport costs and any charges related to a minimum order are charged to the invoice and as according to the agreement with the reference sales department. Any unprocessed order part will be handled as according to the arrangements with the Customer.
7. First delivery conditions: new Customers are requested to place a minimum order, whose amount and payment method have to be agreed with the relevant sales department. This applies for the first order and until a commercial relationship has been established.
8. Delivery conditions: goods are sold via XtraCOOL and shipped direct from the manufacture. Therefore, the delivery task is considered fulfilled when the courier receives the goods. Goods always travel at Customer’s risk and danger, even when transport has been prepaid. Purchased items are delivered by the available area courier. The delivery deadline shown on the order is approximate and does not imply a commitment by XtraCOOL. Any delay in the delivery of items does not entitle the Customer to cancel the order or compensation for penalty or damages. No deliveries are made to post office boxes. Upon goods delivery by the courier, the Customer must check that the number of packages is the same as the one shown in the shipping documents and that the package is unaltered and has not been damaged. Any damage to packages and/or goods or missing packages must be communicated immediately in written format by the Customer on the delivery document of the courier and reported to XtraCOOL within three working days from delivery. If the Customer fails to do so, XtraCOOL will not be liable for transport damage. XtraCOOL is liable for theft and transport damage only when the forwarder is chosen by XtraCOOL and until his assignment has been terminated. In case of theft or loss, XtraCOOL pledges to send back the goods to the Customer in their entire value, jointly with the courier’s statement.
9. Liability exclusion: XtraCOOL is not liable for the characteristics and technical data found in its catalogues and price lists nor is it responsible for possible changes made by individual manufacturers. XtraCOOL allows no civil liability for damage caused to third parties, that might have been caused by negligence, carelessness or incompetence in the installation phase of the material.
10. Liability exclusion for force majeure: XtraCOOL does not accept liability for poor service caused by force majeure such as accidents, fires, strikes and/or lockouts, earthquakes, floods or similar events that totally or partially hinder the fulfillment of the agreement within the established timing. XtraCOOL will not be responsible towards any party for damage, loss and costs met because of the failed fulfillment of the agreement due to the above causes, since the Customer is entitled to the refund of the amount paid.
11. Industrial property rights: information, logos, graphical elements, sounds, images, trademarks (registered and unregistered) and any intellectual work, distinctive sign or name, written text and, more generally, any other intangible goods protected by laws and international conventions concerning intellectual and industrial property featured on XtraCOOL website are XtraCOOL property or conceded to it for use by third party owners. However, neither access to the website or sale agreements grant the Customer rights on the above. Any use, even partial, of the above is forbidden, without prior written authorization by XtraCOOL and/or its assignors, to whom all relevant rights are exclusively reserved.
12. Warranty: XtraCOOL acts exclusively as wholesaler of material produced by third parties. Therefore is does not take any responsibility for possible defects.
Any claim or dispute must be addressed to XtraCOOL via email within three days from receipt of goods, the loss of all rights as penalty, to the following email address: info@xtracool.co.uk
13. Data Protection and Customer Information
18.1 Please refer to our Privacy Policy for more information about how we process your personal data.
14. Law and Jurisdiction
I. The contract between XtraCOOL and the Customer based on these terms and conditions as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the exclusive jurisdiction of the English courts, but XtraCOOL may enforce the contract in any court of competent jurisdiction.
II. If any part of these terms and conditions is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties express intention that the relevant wording should be interpreted or construed so as to avoid such a finding and that, in the event of such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.
Registered name: Magys corporation Ltd. Company Number 13827907. Registered Address: Regus Gatwick C/O Sipher Accounting & Tax, Churchill Court, 3 Manor Royal, Crawley, United Kingdom, RH10 9LU