Terms and Conditions of Sale
1 DEFINITIONS
1.1 "Buyer" means the individual or
organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning
ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between
the Seller and the Buyer for the sale and purchase of Goods incorporating these
Terms and Conditions;
1.4 "Goods" means the articles that
the Buyer agrees to buy from the Seller;
1.5 "Seller" means Englishpostbox UK
Ltd of Unit 1, Grassy Court, Etwall Road, Mickleover, Derby, DE3 0BX that owns
and operates Englishpostbox.com;
1.6 "Terms and Conditions" means the
terms and conditions of sale set out in this agreement and any special terms
and conditions agreed in writing by the Seller;
1.7 "Website" means Englishpostbox.com.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall
affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to
all contracts for the sale of Goods by the Seller to the Buyer and shall prevail
over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall
be deemed conclusive evidence of the Buyer’s acceptance of these Terms
and Conditions.
2.4 Any variation to these Terms and Conditions
(including any special terms and conditions agreed between the parties) shall
be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the
Seller's address stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be
an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions
and are subject to acceptance by the Seller. The Seller may choose not to accept
an order for any reason.
3.2 Where the Goods ordered by the Buyer are not
available from stock the Buyer shall be notified and given the option to either
wait until the Goods are available from stock or cancel the order and receive
a full refund within 28 days.
3.3 When making an order through the Website,
the technical steps the Buyer needs to take to complete the order process are
described in the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated
on the Website. The price is inclusive of VAT for all EU member countries. The
price excludes delivery charges.
4.2 The total purchase price, including VAT and
delivery charges, if any, will be displayed in the Buyer’s shopping cart
prior to confirming the order.
4.3 After the order is received the Seller shall
confirm by email the details, description and price for the Goods. The seller
cannot be responsible for any non receipt of confirmation emails but the seller
will be able to show that a confirmation email has been submitted to the supplied
email address.
4.4 Payment of the price plus any due VAT and
delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically
update prices on the Website, which cannot be guaranteed for any period of time.
The Seller shall make every effort to ensure prices are correct at the point
at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw
any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for
withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons
of a certain age the Buyer will be asked when placing an order to declare that
they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is
not legally entitled to order certain Goods, the Seller shall be permitted to
cancel the order immediately, without notice.
7 DELIVERY
7.1 Goods supplied within the UK will normally
be delivered within 7 working days of acceptance of order subject to availability.
7.2 Goods supplied outside the UK will normally
be delivered within 14 working days of acceptance of order subject to availability.
7.3 Where a specific delivery date has been agreed,
and where this delivery date cannot be met, the Buyer will be notified and given
the opportunity to agree a new delivery date or receive a full refund.
7.4 The Seller shall use its reasonable endeavours
to meet any date agreed for delivery. Time of delivery is not the responsibility
of the Seller and the Seller shall not be liable for any losses, costs, damages
or expenses incurred by the Buyer or any third party arising directly or indirectly
out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the
Buyer’s requested address specified in the order and the Buyer shall make
all arrangements necessary to take delivery of the Goods whenever they are tendered
for delivery.
7.6 Risk in the Goods shall pass to the Buyer
upon delivery of the Goods, or where the Buyer fails to take delivery at the
agreed time, at the time delivery was attempted.
7.7 Title in the Goods shall not pass to the Buyer
until payment of the price has been made in full.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel the order for any reason
up to the point of dispatch and any payments made by the Buyer shall be refunded
in full within 28 days.
8.2 The Buyer shall inspect the Goods immediately
upon receipt and shall notify the Seller within 7 days if the Goods are damaged
or do not comply with any of the Contract. If the Buyer fails to do so the Buyer
shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made,
the Goods shall be returned by the Buyer to the Seller within 28 days of delivery.
The Buyer shall be entitled to a replacement or a full refund (including delivery
costs) plus any return postal charges if the Goods are in fact defective.
8.4 If you are a consumer you have the right,
in addition to your other rights, to cancel the Contract and receive a refund
by informing the Seller within 7 working days of receipt of the Goods. The right
to cancel does not apply to contracts for the supply of software, audio or visual
recordings (CD’s, DVD’s etc.) if these have been unsealed or played
by the Consumer.
8.5 Goods must be returned by the Buyer at the
Buyer’s expense within 28 days of cancellation in the original packaging
and in the original condition and should be adequately insured during the return
journey. The Buyer will receive a refund of all monies paid for the Goods except
for delivery charges and return postal charges. If the Buyer fails to return
the Goods following cancellation, the Seller shall be entitled to deduct the
cost of recovering the Goods from the Buyer.
8.6 Goods to be returned must clearly show the
order number and a returns authorisation code obtained from the Seller on the
package.
8.7 Where returned Goods are found to be damaged
due to the Buyer’s fault the Buyer will be liable for the cost of remedying
such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the
Buyer is dealing as a Consumer, in the event of any breach of these Terms and
Conditions by the Seller the remedies of the Buyer shall be limited to damages
which shall in no circumstances exceed the price of the Goods and the Seller
shall under no circumstances be liable for any indirect, incidental or consequential
loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall
exclude or limit the liability of the Seller for death or personal injury resulting
from the negligence of the Seller or that of the Seller’s agents or employees.
10 WAIVER
No waiver by the Seller (whether express or implied)
in enforcing any of its rights under this contract shall prejudice its rights
to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or
failure to perform any of its obligations if the delay or failure results from
events or circumstances outside its reasonable control, including but not limited
to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications,
telecommunications or computer system, breakdown of plant or machinery or shortage
or unavailability of raw materials from a natural source of supply, and the
Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions
is held invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if these Terms and Conditions
had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms
and Conditions at any time but this right shall not affect the existing Terms
and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by
and construed in accordance with the law of England and the parties hereby submit
to the exclusive jurisdiction of the English courts.
Terms and Conditions of
Use
1 ACCEPTANCE OF TERMS
Your access to and use of Englishpostbox.com ("the Website")
is subject exclusively to these Terms and Conditions. You will not use the Website
for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these Terms and Conditions you
must immediately stop using the Website.
2 ADVICE
The contents of the Website do not constitute advice and should
not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
Englishpostbox.com reserves the right to:
3.1 change or remove (temporarily or permanently) the Website
or any part of it without notice and you confirm that Englishpostbox.com shall
not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your
continued use of the Website following any changes shall be deemed to be your
acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are
controlled and maintained by others. Any link to other websites is not an endorsement
of such websites and you acknowledge and agree that we are not responsible for
the content or availability of any such sites.
5 COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property
rights in the Website and its content (including without limitation the Website
design, text, graphics and all software and source codes connected with the
Website) are owned by or licensed to Englishpostbox.com or otherwise used by
Englishpostbox.com as permitted by law.
5.2 In accessing the Website you agree that you will access
the content solely for your personal, non-commercial use. None of the content
may be downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website for personal, non-commercial
home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS
AVAILABLE" basis without any representation or endorsement made and without
warranty of any kind whether express or implied, including but not limited to
the implied warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Englishpostbox.com will
not be liable for any indirect or consequential loss or damage whatever (including
without limitation loss of business, opportunity, data, profits) arising out
of or in connection with the use of the Website.
6.3 Englishpostbox.com makes no warranty that the functionality
of the Website will be uninterrupted or error free, that defects will be corrected
or that the Website or the server that makes it available are free of viruses
or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of Englishpostbox.com for death or personal
injury as a result of the negligence of Englishpostbox.com or that of its employees
or agents.
7 INDEMNITY
You agree to indemnity and hold Englishpostbox.com
and its employees and agents harmless from and against all liabilities, legal
fees, damages, losses, costs and other expenses in relation to any claims or
actions brought against Englishpostbox.com arising out of any breach by you
of these Terms and Conditions or other liabilities arising out of your use of
this Website.
8 SEVERANCE
If any of these Terms and Conditions should be determined to
be invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction then such Term or Condition shall be severed and the remaining
Terms and Conditions shall survive and remain in full force and effect and continue
to be binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by
and construed in accordance with the law of England and you hereby submit to
the exclusive jurisdiction of the English courts.
Privacy Policy
1. Englishpostbox.com
is committed to protecting your privacy and maintaining the security of any
personal information received from you. We strictly adhere to the requirements
of the data protection legislation in the UK.
The purpose of this statement is to explain to
you what personal information we collect and how we may use it.
2. When
you order, we need to know your name, address, email address and card details.
This allows us to process and fulfil your order. You have the option to withhold
personal information that is not required for the order process.
3.
We use your personal information solely for payment and billing purposes.
We will only contact you with your consent.
4.
We do not sell, rent or exchange your personal information with any third party
for commercial reasons, beyond the essential requirement for credit/debit card
validation during purchase.
5. We
follow strict security procedures in the storage and disclosure of information
which you have given us, to prevent unauthorised access in accordance with the
UK data protection legislation.
We do not collect sensitive information about you except when
you specifically knowingly provide it. In order to maintain the accuracy of
our database, you can check, update or remove your personal details by making
changes to your account details.
We use a technology called "cookies" as part of a
normal business procedure to track patterns of behaviour of visitors to our
site. A cookie is an element of data that our Website sends to your browser
which is then stored on your system. You can set your browser to prevent this
happening. Any information collected in this way can be used to identify you
unless you change your browser settings.
6. In
order to process credit/debit card transactions, the bank or card processing
agency may require to verify your personal details for authorisation outside
the EEA (European Economic Area). Your information will not be transferred outside
the EEA for any other purpose.
7.
If you have any questions about privacy please contact us at sales@englishpostbox.com.