Terms & Conditions
TERMS AND CONDITIONS
· The content of the pages of this website is for your general information and use only. It 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 information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
· Your use of any information or materials on this website 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 this website meet your specific requirements.
· This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
· Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
· From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
· Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
1 - Trading Terms - Definitions :
"Buyer" means the person or company who accepts the Seller’s Quotation for the sale of the Goods or whose Order for the Goods is accepted by the Seller.
"Goods" means the goods which the Seller is to supply in accordance with these Terms.
"Order" means the Buyer’s acceptance of the Seller’s Quotation for the Goods or the order placed by the Seller for the Goods whether by means of the website which the Buyer accepts.
"Seller" or “us” or “we” or “Custompac Ltd” refers to the owner of the website whose registered office is Delta Works, 27 Methley Road, Castleford, West Yorkshire WF10 1PA. Our company registration number is 01274926.
"Terms" means the standard terms of sale set out in this document and includes any special terms agreed in writing between the Seller and the Buyer.
These Terms govern the sale of the Goods sold by the Seller to the Buyer named on the order form provided on the Seller’s website. The completed order form together with the Terms constitute the entire and only agreement between the parties in relation to the sale of the Goods and comprises a legally binding contract between the parties.
2 - Service availability:
Our website is only intended for use by people resident in the United Kingdom and the Republic of Ireland. We do not accept orders from outside of the United Kingdom and the Republic of Ireland.
3 - Price and payment:
3.1 If the Buyer places an Order via the Seller’s website, the price payable for the Goods will be set out on the website at the time the Seller places the Order.
3.2 Notwithstanding the above clauses the Seller reserves the right by giving notice to the Buyer at any time before delivery, to vary the price of the Goods to reflect any increase/decrease in cost to the Seller which is due to any factor beyond the control of the Seller.
3.3 The Buyer shall be responsible for any extra charges for carriage to the Highlands and Islands (See Delivery Infformation) and insurance in addition to the price for the Goods unless otherwise agreed in writing between the parties.
3.4 The Seller must receive payment for the total price of the Goods and any applicable charges for VAT, carriage and insurance, before the Order can be accepted unless otherwise agreed in writing.
3.5 Payment terms for custom made products:
3.5.1 For all custom made products ordered we require full, non-refundable, payment at the time the order is placed.
3.5.2 For all custom made products the order is confirmed and cannot be cancelled or returned after the order has been placed on the website.
4 - Delivery and title:
4.1 Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order, or by Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
4.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
4.3 Risk of damage to or loss of the Goods shall pass to the Buyer : a) in the case of Goods to be delivered at the Buyers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods; or b) in the case of Goods the Buyer has requested the Seller to leave unattended at their requested delivery address when the Buyer is unable to take receipt of the goods and sign for the goods, at the time of delivery. c) in the case of Goods being collected from the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection.
4.5 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT, carriage and insurance.
4.6 Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
5 - Cancellation and returns:
5.1 The Buyer shall be entitled to cancel the Order for Stocked Products by giving to the Seller notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by telephoning the contact details below. If there is a defect or fault in the Goods, the Buyer is required to notify the Seller of the problem at the time of cancellation by calling 01977 519339.
5.2 On cancellation, the Buyer shall return the Goods to the Seller at its own cost unless the Goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Seller, in which case the Seller will meet the cost of return subject to being able to nominate the carrier. Please call us on 01977 519339 and we will issue a returns number for collecting the item. Standard carriage rates will be charged on products that are returned for reasons other than such Goods being defective or faulty.
5.3 Non-stocked products cannot be returned once your order has been placed on the website. Non-stocked products include all products with a delivery time of longer than next day delivery.
5.4 Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, The Seller will only accept unwanted products at its sole discretion within 30 days of delivery. The goods must be unopened, in a saleable condition and could be subject to a restocking fee of £30.00 or 20% whichever is the greater.
5.5 The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale. The Seller reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyer’s failure to comply with this clause 5.5. Goods are not Dispatched or Sold on a trial or return basis.
5.6 On receipt of the returned goods the Seller will credit, exchange or refund the value of the goods to the Buyer, subject to above clauses. A credit or repair for returned products will only be issued after inspection and confirmation that the fault is not the buyers.
6 - Liability:
6.1 A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller within 7 days of the discovery of the defect, but not exceeding 30 days from the date of delivery.
If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
6.2 Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned goods identify the fault or damage and otherwise inspect the goods. The Seller may replace, repair or refund to the Buyer the price of the Goods at its discretion, in which case the Seller shall have no further liability to the Buyer. If the goods are found to be in good order without defect they will be returned to the seller at the sellers cost. For the sake of clarity, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer, nor is it intended to exclude the Seller’s liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7 - Events beyond our control:
The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond its reasonable control (including without limitation strikes, lockouts, acts of God and the like).
8 - General:
8.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English Law.
8.2 Your privacy. As part of our on-going commitment to providing you with the highest levels of quality and service, some calls may be monitored or recorded for staff training requirements.
8.3 Data Protection. We have obtained your details from our customer list, enquirer records or from a third party business list. We may use your details to contact you from time to time to inform you of our products or services which may be of interest to you. If you wish to change any of your information or do not wish to continue to be part of our marketing programme please write or e-mail, using the contact details below.
27 Methley Rd