TERMS & CONDITIONS - CONSUMER
1.Definitions and interpretation
1.1 In these Conditions the following definitions apply::
Applicable Law means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force
Business Day means a day other than a Saturday, Sunday or public holiday in England
Contract means the agreement between the Customer and we/us/our incorporating these Conditions and the Order Confirmation
Conditions means our terms and conditions as set out in this document
Customer the named party in the Order Confirmation who has agreed to purchase the Goods
Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay
Goods means any goods forming the subject of this contract as set out in the Order Confirmation
Location means the address or addresses for delivery of the Goods set out in the Order Confirmation
Order Confirmation means the confirmation sent by us to the Customer confirming the Order for the Goods
Price has the meaning set out at Condition 3.1
We/us/our means Norfolk Leisure Lifestyle Limited
1.2 In these Conditions unless the context otherwise requires:
1.2.1 a reference to the Contract includes these Conditions and the Order Confirmation;
1.2.2 any headings in these Conditions s included for convenience only and shall have no effect on the interpretation of the Conditions;
1.2.3 words in the singular include the plural and vice versa;
2. Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between the Customer and ourselves. They supersede any previously issued terms and conditions of purchase or supply.
2.2 No other terms or conditions or other document shall form part of the Contract except to the extent that we otherwise agree with the Customer in writing.
2.3 No variation of these Conditions or to an Order Confirmation shall be binding unless expressly agreed in writing by the Customer and us.
3. Price
3.1 The price for the Goods shall be as set out in the Order Confirmation and/or invoice.
4 Payment
4.1 The Customer shall pay for the Goods in full prior to dispatch.
4.2 Time of payment is of the essence. Where any sums due under these Conditions are not paid in full by the due date:
4.2.1 we may, without limiting our rights, charge interest on such sums at 4% a year above the base rate of HSBC Bank plc from time to time in force (and interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment;
4.2.2 the Customer shall on demand indemnify (and keep indemnified) us from and against all losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with the Customer’s failure to comply with its obligations to pay any monies to us on the due date for payment.
5. Delivery and performance
5.1 The Goods shall be delivered by us, or our nominated carrier, to the Location on the date(s) specified in the Confirmation Order provided payment has been received in full in accordance with Condition 4. Delivery will be kerbside only unless we have agreed otherwise in writing.
5.2 The Goods shall be deemed to be delivered on completion of unloading of the Goods at the Location.
5.3 We may at our discretion deliver the Goods by instalments in any sequence. Any delay or defect in an instalment shall not entitle the Customer to cancel any other instalment. The Customer shall not be entitled to reject a delivery of the Goods.
5.4 Time is not of the essence in relation to the delivery of the Goods. We shall use its reasonable endeavours to meet any dates for delivery given to the Customer, but any such dates are indicative only.
5.5 We shall not be liable for any delay in or failure of performance caused by:
5.5.1 the Customer’s failure to make the Location available;
5.5.2 the Customer’s failure to prepare the Location in accordance with any instructions given by us;
5.5.3 the Customer’s failure to provide us with adequate instructions for delivery;
5.5.4 Force Majeure.
5.6 If the Customer fails to accept delivery of the Goods we shall store and insure the Goods pending delivery and the Customer shall pay all costs and expenses incurred by the Supplier in doing so.
5.7 If 20 Business Days following the due date for delivery of the Goods the Customer has not taken delivery of or collected them, we may resell or otherwise dispose of the Goods without any obligation or liability to the Customer. We shall be entitled to invoice the Customer (and the Customer shall pay) any shortfall between the Price paid by the Customer for the Goods and any monies received by us on such resale or disposal.
6 Risk
Risk in the Goods shall pass to the Customer on delivery.
7 Title
7.1 Title to the Goods will only pass to the Customer once we have received payment in full for the Goods.
8. Manufacturers Warranty
8.1 Any claim for a manufacturing defect in the Goods is to be made under the Manufacturers Warranty. Any other claim for Goods which are alleged to be damaged, defective or not of satisfactory quality following delivery , is to be made pursuant to (and is subject to the provisions of) Condition 9.
8.2 The relevant Manufacturers Warranty which applies to the Goods can be found on our website at [insert link] under Product Support. The extent and duration of that warranty will vary according to the type of Goods. By placing the order for the Goods the Customer confirms that they have read and understand the limits and conditions that apply to the relevant Manufacturers Warranty.
8.3 All other warranties, conditions or terms relating to the fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
8.4 To be able to claim under a Manufacturers Warranty the Customer may be required to first register that warranty and to do so within the specified time period – the Customer must check the relevant warranty to confirm the position. We will not be liable in the event of any failure to so register.
8.5 The Manufacturers Warranty will not apply to any Goods which are sold by the Customer to any third party outside the United Kingdom or where the Goods are no longer in the United Kingdom.
9. Claims
9.1 As the Customer’s sole and exclusive remedy that any Goods delivered are damaged, defective or not of satisfactory quality, we shall, at our option, repair, replace or (in the event that we deem repair or replacement not appropriate) refund the Price paid for the Goods provided that the Customer:
9.1.1 serves a written notice on us not later than ten Business Days from delivery in the case of defects discoverable by a physical inspection, or within a reasonable period of time from delivery or performance in the case of latent defects;
9.1.2 such notice specifies that some or all of the Goods are damaged, defective or otherwise not of satisfactory quality and identifies in sufficient detail the nature and extent of the damage, the defects or why the goods are not of satisfactory quality;
9.1.3 gives us a reasonable opportunity to examine the Goods;
9.1.4 if required by us promptly return to us (at the Customer’s own expense) the Goods and to do so properly and securely packaged.
9.2 We shall not be liable for any damage or defects:
9.2.1 which arise by reason of wear and tear, wilful damage, negligence or could be expected to arise in the normal course of use of the Goods;
9.2.2 to the extent caused by the Customer’s failure to comply with our instructions in relation to the Goods, including any instructions on installation, storage or maintenance;
9.2.3 to the extent caused by us following any specification, instruction or requirement of or given by the Customer in relation to the Goods;
9.2.4 where the Customer modifies any Goods without our prior consent or, having received such consent, not in accordance with our instructions; or
9.2.5 where the Customer uses any of the Goods after notifying us of any damage or defects.
10. Cancelling your Contract
Right to cancel
10.1 The Customer has the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which the Customer acquires, physical possession of the Goods.
10.2 To exercise the right to cancel the Customer must inform us of their decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page. The Customer may use the cancellation form available here [insert link to cancellation form], but it is not obligatory. If the Customer uses this option, we will communicate to you an acknowledgement of receipt of such cancellation by e mail.
10.3 To meet the cancellation deadline, it is sufficient for the Customer to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
10.4 If the Customer cancels this contract, we will reimburse to the Customer all payments received from them, including the costs of delivery (except for the supplementary costs arising if the Customer chose a type of delivery other than the least expensive type of standard delivery offered by us).
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 the Customer.
We will make the reimbursement without undue delay, and not later than:
10.4.1 14 days after the day we received back from the Customer any goods supplied; or
10.4.2 if earlier the day the Customer provides evidence that they have returned the goods; or
10.4.3 if there were no goods supplied, 14 days after the day on which we are informed about the Customer’s decision to cancel this contract.
10.5 We will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement.
10.6 We may withhold reimbursement until we have received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
10.7 If the Customer has received the goods:
10.7.1 The Customer shall send back the goods without undue delay and in any event not later than 14 days from the day on which the Customer communicates their cancellation from this contract to us. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
10.7.2 The Customer will be responsible for the direct cost of returning the goods unless we (in our absolute discretion) elect to pay those costs. If we do so elect the Customer will be notified in writing.
10.7.3 The Customer is only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning, of the goods.
11. Limitation of liability
11.1 Subject to condition 11.3 our total liability shall not exceed the invoiced value of the Goods.
11.2 We shall have no liability to the Customer for any indirect or consequential or special loss , loss of profit, loss of revenue, loss of use, loss of contract, loss of commercial opportunity, loss of savings, discount or rebate, harm to reputation or loss of goodwill and/or wasted expenditure.
11.3 Neither party’s liability shall be limited in any way in respect of the following:
11.3.1 death or personal injury caused by negligence;
11.3.2 fraud or fraudulent misrepresentation; and
11.3.3 any other losses which cannot be excluded by Applicable Law.
12. Prohibition on Commercial Sale
The Goods are not to for commercial re-sale.
13. Force Majeure
We shall not have any liability for any failure or delay in performing any of our obligations under the Contract to the extent the same results from Force Majeure.
14. Governing Law
The Contract and any dispute or claim arising out of, or in connection with it, its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
15. Jurisdiction
We and the Customer and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation.
16. Notices
16.1 Any notice or other communication under these Conditions shall be in writing, be sent to the relevant party at the address set out in the Order Confirmation and may be given and are deemed received:
16.1.1 by hand: at the time of delivery;;
16.1.2 by post: 9:00 am on the second Business Day after posting; and
16.1.3 by e mail: on receipt of a delivery e mail from the correct e mail address.
16.2 Any change to the contact details of a party shall be notified to the other party in accordance with clause 16.1 and shall be effective:
16.2.1 on the date specified in the notice as being the date of such change; or
16.2.2 if no date is specified 5 Business Days after the notice is deemed to be received.
17.Third party rights
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of this Contract.