These standard terms and conditions of sale apply to all on-line transactions safe where different clauses are expressly mentioned within the store. E&OE.
1. General
(a) These standard conditions and any additional conditions attached hereto constitute the entire agreement between Packaging4Less and any person to whom the company supplies goods or services to the exclusion of all other items, conditions and warranties whatsoever.
(b) No servant or agent of the Company has any authority to give any representation or warranty relating to the goods, or to agree any variation of these conditions unless such representation, warranty or variation is expressed in writing and signed on behalf of the Company by a Director or other person duly authorised by the Company.
2. Quotations
(a) Quotations issued by Packaging4Less are not offers capable of acceptance so as to make a binding contract. All orders placed with Packaging4Less require its acceptance before any contract arises.
(b) All quotations given and all contracts made by Packaging4Less are subject to the terms, conditions and exceptions contained herin. All conditions and exceptions referred to by the Buyer or contained in the Buyer's order are hereby excluded.
3. Price
Prices quoted are exclusive of packing and carriage (if agreed to be made or arranged by Packaging4Less) or of any goods or work not specified in the contract. Goods will be invoiced at prices ruling at date of dispatch. VAT extra where applicable.
4. Delivery
(a) Each delivery hereunder shall constitute a separate contract. In the event of Packaging4Less agreeing to deliver the goods, Packaging4Less will deliver or arrange for the delivery of the goods at the place of delivery.
(b) The Buyer shall take delivery of the goods at the place of delivery with reasonable dispatch and subject to written advice from the Buyer in accordance Clause 8 (a) hereof, the goods shall be deemed to have been delivered complete and in satisfactory condition.
(c) Delivery dates mentioned in any quotation or acceptance or elsewhere are given in good faith but are approximate only and not of contractual effect. Packaging4Less will not be liable for any loss, damage or delay due to the failure of Packaging4Less for any reason whatsoever to deliver or arrange for the delivery of the goods on or by the date or dates of delivery. If Packaging4Less is hindered or prevented from obtaining transport, delivery or arranging for the delivery of goods by war, strikes, riots or any other cause whatsoever beyond the control the company, the time for delivery shall at the company's option be extended accordingly and this clause shall apply to the new date or dates of delivery.
5. Refunds and Payments
At Packaging4Less we are committed to giving you the best possible products, prices and service.
Should any product purchased from Packaging4Less be found to be faulty, damaged in transit, or differing from the description given at the Packaging4Less website then we will be pleased to arrange to either refund or replace the product at the discretion of the customer.
All returns must be notified to Packaging4Less within 7 days of delivery of the product.
In the event of a customer purchasing an item from Packaging4Less mistakenly and through no fault of Packaging4Less, we will be pleased to replace or refund the item provided that the original item is returned to Packaging4Less unused and in saleable condition. In cases where the customer is either unable or unwilling to arrange return carriage after mistakenly purchasing a product, Packaging4Less reserves the right to charge an uplift fee to cover the cost of employing a courier company to collect the item from the customer. In cases where an entire order is returned, we reserve the right to retain the cost of the outward carriage. This does not affect your statutory rights as a consumer.
To arrange to return a product or for further information about returns or refunds please e-mail us at sales@packaging4less.com or telephone us at 0844 844 0111.
We use Sagepay to process your credit card details,which is about as safe as you can get, please visit their web site for further details. www.sagepay.com
6. Quantity and Specification
(a) All descriptions and illustrations contained in the Packaging4Less catalogue, price list and advertisements or otherwise communicated to the buyer are intended merely to present a general idea of the goods described therein and subject to paragraph (c) below, nothing contained in any of such documents or otherwise communicated to the buyer shall form part of the contract.
(b) Notwithstanding that a sample of the goods may have been exhibited to and inspected by the Buyer, the Buyer agrees that any such sample was exhibit to and inspected soley to enable the Buyer to judge for himself the quality of the bulk of the goods and not so as to constitute a sale by sample. The Buyer shall take the goods at his own risk as to their corresponding with any such sample and as to their quality, condition or sufficiency for any purpose.
(c) All goods supplied shall conform to the specifications of the manufacturer (if any) relating and applicable thereto for the time being, and no other specification whatsoever. For the avoidance of doubt, it is declared that Packaging4Less shall not be liable to the buyer for any change in specification between the date of the buyers order and the date of such goods are received by the Buyer and the Buyer shall not have right of rejection in respect thereof.
7. Title and Risk and Right of Recovery
(a) Risk in the goods shall pass to the buyer upon dispatch from Packaging4Less works or at the place of delivery pursuant to Clause 4 (a) hereof.
(b) The goods shall remain the property of Packaging4Less until the full amount under the contract has been received by Packaging4Less. If the Buyer defaults in the due payment of any sum owning, Packaging4Less shall be entitled to immediate return of all the goods.
(c) If the buyer takes delivery of the goods before full payment therefore is received by Packaging4Less, Packaging4Less shall be entitled to repossess the goods and thereafter to deal in any way with such goods free of claim or right of the Buyer therein, before payment for such goods has been received by Packaging4Less -
(i) the Buyer becomes bankrupt or makes an assignment, agreement or composition with it's creditors or suffers distress or process of execution to be levied on its property or goes into liquidation whether compulsory or voluntary (except for the purpose of reconstruction or amalgamation) or has a receiver appointed over any part of it's undertaking, property or assets or it appears to Packaging4Less likely any of the above events will occur, or
(ii) Contract is terminated by Packaging4Less pursuant to Clause 11 below.
For the purpose of repossession of the goods, the buyer authorises Packaging4Less or it's agents to enter upon any premises where they have reason to believe the goods are situated.
8. Conditions and Warranties
(a) Should the buyer receive defective goods, the Buyer shall within 3 days of the date of delivery notify Packaging4Less thereof, and shall, at the option of Packaging4Less, either afford Packaging4Less the right of inspection of the goods or return the goods to Packaging4Less. If in the option of Packaging4Less the defect is a result of faulty workmanship or materials or some other factor within it's control, Packaging4Less shall, at it's option, either replace the defective goods or credit the buyer with the contract value thereof and shall (if applicable) reimburse the Buyer with the cost of returning the goods and Packaging4Less shall not be liable for any costs whatsoever, if owing to the buyers material or nominated supplier's material being defective or unsuitable, the goods are unsatisfactory, the goods are unsatisfactory and no responsibility shall attach to Packaging4Less but Packaging4Less charges for the work carried out shall remain payable.
(b) Failure to notify Packaging4Less within the period specified above shall (unless otherwise agreed in writing by Packaging4Less) prevent the Buyer from claiming under the contract, whether the claim is in respect of defective goods, shortage of goods or damage or loss during carriage by Packaging4Less.
(c) No warranty or condition is given by Packaging4Less that the goods are fit for any general purpose or any particular purpose of the Buyer, whether known to Packaging4Less or not. Any recommendations or suggestion relating to use or performance of the goods made by Packaging4Less either in technical literature or in response to specific enquiry from the Buyer is given in good faith but is for the Buyer to satisfy himself as to the suitability of the goods for his own purpose and Packaging4Less shall not be liable in any way should the goods not be suitable.
(d) The Buyer shall have no remedy against Packaging4Less other than as provided in this clause in respect of defective goods, shortage of goods or damage or loss during carriage arranged by Packaging4Less and the provisions of this clause shall apply to the exclusion of any other condition or warranty expressed or implied and the exclusion of any other rights of the Buyer in contract or in tort as to the quality, workmanship or fitness for the purpose of the goods delivered.
9. Liability
Without prejudice to Clause 8 above, any liability of Packaging4Less to the Buyer whether in contract or in tort in any way arising out of the contract-
(a) Shall be limited to direct losses or damage only and shall not extend to loss of profit or any indirect or consequential loss, damage or injury howsover arising:
(b) Shall, in respect of goods which are damaged during carriage by it's own transport, be strictly limited to the supply of a new part or making good the damage thereby caused and Packaging4Less shall not be liable for any costs whatsoever:
(c) Shall not exceed and amount equal to the contract price.
10. Patent Protection
Where Packaging4Less supplies the goods produced in accordance with designs or specifications provided by the buyer warrants that to the best of it's knowledge and belief such goods do not infringe any third party right. The buyer will indemnify and hold Packaging4Less harmless from all the claims, damages and costs in respect of any patent, trade mark, design rights, know how or other intellectual property right which may be infringed by the manufacture, sale or use of the goods so supplied.
11. Termination
(a) Either party may by notice given to the other terminate or suspect future deliveries if the other becomes bankrupt or makes an assignment, agreement or composition with its creditors or suffers distress or process of execution to be levied on any of its property or goes into liquidation whether compulsory or voluntarily (expect for the purpose of reconstruction or amalgamation) or has a receiver appointed over any part of it's undertaking, property or assets or if it appears to either party that it is likely that any of the above will occur in relation to the other party.
(b) Without prejudice to any other rights or remedied under the contract, either party may by notice to the other, terminated the contract or suspect future deliveries if the other fails to comply with any material obligation here under and such failure has not been remedied within10 days of notification from the other requiring remedy.
12. Notices
Any notice or other communication given under the contract shall be in writing and shall be sent first class post or (if appropriate) air mail or by telex to the address notified by the recipient to the other party. Proof of posting or dispatch shall be deemed proof of receipt in the case of a letter, on the third day after posting and in the case of telex, on the day following the date of dispatch.
13. Governing Law
The contract shall be governed by and construed in accordance with the laws of England and the parties herby submit to the exclusive transaction of the English Courts.
14. Images.
Images used on the Packaging4Less.co.uk website are for indication purposes only, and may not represent the exact goods purchased.
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