In this document the following words shall have the following meanings:
1.1 " Buyer" means the person who buys Goods from the Seller.
1.2 " Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 " Goods" means the articles that the Buyer agrees to buy from the Seller.
1.4 " List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time
1.5 " Seller" means IT&C Labs Limited. Company Number 07752247. Registered Address: 53 Trent Valley Road , STOKE ON TRENT , STAFFORDSHIRE , UNITED KINGDOM ST4 5HZ
1.6 " Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 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.
2.2 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.
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 shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that delivery to the delivery address and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 7 days of the order being placed unless otherwise informed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavors to meet any date stated for delivery. In any event time of delivery shall not be of the essence 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.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 Prices; UK Mainland Only - For Orders Placed Before 2pm We Aim to Expedite Next Day Delivery Where Possible (Excepting Weekends). Delivery costs £5.95 and will be handled by Yodel, Parcelforce or Hermes, please ensure you complete the contact details section of the checkout screen when ordering in case there are any difficulties delivering your goods.
4.7 For Highlands, Islands and ROI please check with us prior to ordering as shipping charges vary dependent on size/weight and destination
4.8 Dispatch Policies - Unless noted otherwise in the ordering pipeline Exclusive Home Brands ships all items within two days of receiving your order. You will receive notification of any delay or cancellation of your order.
5.1 Exclusive Home Brands provides a minimum standard one year warranty depending upon the type of product. The length of the warranty is indicated in the product instruction manual. When you initially request a refund, we will check the date when the item was purchased using the order number you provide to us. If it exceeds the warranty period, we are unable to affect the returns procedure.
CANCELLATION / RETURNS AND REFUNDS
At Exclusive Home Brands we ship hundreds of items per week and a very small amount will from time to time be faulty. We understand that this is an inconvenience, and can be upsetting, so we have a no quibble returns, refund or replacement policy to ensure that our customers are properly serviced.
Items occasionally go faulty and you may have to return these items to us for a full no quibble refund.
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing, email or via fax within 7 days (not including Saturday, Sunday or Bank Holidays) of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 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.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing, fax or via email within 7 working days from the purchase of goods date. Goods must be returned at the Buyer's cost we suggest by Recorded Delivery or Special Delivery and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
6.6 Returns address: due to the fact that we use multiple suppliers we will provide the return details after you fill the RMA form.
6.7 Items are to be returned in a reasonable state similar to newly supplied with all packaging if supplied with packaging. Make sure all items returned are complete; any incomplete items will not be credited and will be classed as unauthorised.
6.8 The Buyer must return the item with their name, contact address, telephone number and email address – the Seller may contact the Buyer prior the refund date for the Serial Number and the Fault Details subject to specific manufacturers requirements. Any unauthorised goods returned to us will be destroyed on receipt.
6.9 Please allow 3 days for us to process a return – refunds will be applied to the card used to make the payment.
7.1 Any items damaged on your delivery, please state the full extent of the damage on the drivers’ delivery note when signing for the goods, also notifying the Seller aware of the damage in addition as soon as possible.
8.1 A standard item warranty of minimum 12 month applies.
9.1 In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 60 days from the date of delivery.
LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
10.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.1 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.
GOVERNING LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.