Customer Service - Terms & Conditions of Sale
In these terms and conditions unless the context otherwise requires the following words shall have the following meanings:
1.1 We/Us/Ours means Now Group UK Ltd trading as Exceptional AV, AlcoSense, Outbackbbqshop.co.uk or any other name that Now Group UK Ltd may trade under.
1.2 Our Premises means Now Group UK Ltd Unit 3 Maidenhead Enterprise Centre Cordwallis Street Maidenhead Berkshire SL6 7BE United Kingdom or such other address as we shall from time to time advise.
1.3 The Product means the goods to be supplied by Us to You as specified in the Order including without limitation any accessories and/or gifts and free offers.
1.4 You/Your means the purchaser of the Product from Us
1.5 Price means the price for the Product specified in the Order
1.6 Delivery means delivery will take place immediately upon the Product being signed for by or on behalf of You. Any person signing on behalf of You at Your Address will be deemed to have your authority so to do.
1.7 Your Address means the address for Delivery advised by You and specified in the Order
1.8 GPS means the Global Positioning Satellite System.
1.9 “as new” condition means the Product being in the same condition as it was when it was despatched from Our Premises complete unused and without any damaging or marking of the Product or any part of it and/or any packaging connected with it including without limitation the original packaging, including any seals or shrink wrapping intact. Software must be sealed.
1.10 Sales Receipt means any order confirmation form sent by Us to You in correspondence or by electronic communications. For the elimination of doubt this includes Invoices.
1.11 Interest Rate means 17% above the base lending rate of the Bank of England charged on a per annum basis calculated daily
1.12 these Conditions means these terms and conditions
1.13 The Cancellation Date means 14 working days beginning with the day after the day of Delivery
1.14 Order means the contract formed in accordance with clause 2 below
1.15 Excluded Damage means any defect fault and/or damage resulting from loss wilful damage negligence breach of these Conditions by You accident misuse or normal wear and tear after Delivery
2. Formation of Contract
2.1 Any order received by Us from You shall be accepted entirely at Our discretion and, if so accepted, will only be accepted upon these Conditions and by means of Our Sales Receipt. Each order which is so accepted shall constitute an individual legally binding contract between Us and You.
2.2. These Conditions shall override any contrary different or additional terms and
conditions (if any) contained on or referred to in any order form or other document or electronic communication or correspondence from You, and no addition, alteration or substitution of these Conditions will bind Us or form part of any Order unless they are expressly accepted in writing by a person authorised to sign on Our behalf.
3.1 Payment of the Price shall be due in full on the date of the Order prior to despatch of the Product to You unless you have pre-agreed terms for payment in writing with Us in which case payment is due before the due date shown on the invoice.
3.2 All sums that may be due and owing to Us including without limitation the Price whether or not formally demanded or due for payment shall be due and payable immediately and interest shall accrue at the Interest Rate from the date the Price is due for payment.
3.3 Payment on time is of the essence
4. Acceptance and Cancellation
You can cancel the Order at any time up to and including the Cancellation Date by using the procedure set out below. If this procedure is not correctly invoked You will be deemed to have accepted the Product immediately upon the expiry of the Cancellation Date
4.1 In all correspondence or phone calls you must quote your Sales Receipt number (found at the top right hand corner of the Sales Receipt or Invoice) You must use the following steps:
4.1.1 Phone Us on 0871 7500111 (9 am to 5 pm weekdays only) or such other number as We may notify to You or e-mail Us at email@example.com. Ask for the returns department and request a return authorisation giving the reason for the return.
4.1.2 Unless we agree in writing in advance to the contrary You must send the Product back to Us to arrive at Our Premises within 3 working days of You contacting us in accordance with clause 4.1.1 by Royal Mail Special Delivery or such other insured recorded delivery means approved in advance by Us and marked for the attention of the returns department at Our Address. You must include a copy of your Sales Receipt, a covering letter detailing the reason for the return and a daytime contact telephone number. You are responsible for the costs and risk of returning the Product. If the shipment of the Product back to Us is performed by a delivery service from ourselves You must ensure that the Product is adequately protected in the package so that it will not be damaged in transit under normal conditions, i.e. the Product is secure in the box, will not move during transit if the box is shaken or turned upside down, and has adequate protection between the Product and the inner surface of the box. If the Product is not sufficiently packaged You will be responsible for any damage sustained during transit save when a package has been damage by neglect from the delivery company. As a result we recommend using the original internal and external packaging the Product came in.
4.1.3 Upon safe receipt of the Product from You our returns department will test the Product and determine the condition of the Product.
4.2 The Product must be in an “as new” condition.
4.3 For the purposes of the proper exercise by You of your cancellation rights only if We are satisfied that these procedures have been complied with and the Product is in “as new” condition You will receive a full refund (excluding the appropriate shipping and administration charge).
4.4 If the Product is returned incomplete We will call You to ask for You to return the remaining parts in the same manner as set out in clause 4.1.2 above. If the missing parts are not returned to us within 5 working days of us contacting you we reserve the right to charge you for the missing parts to make the product “as new”.
4.5 If the Product or any part of it is returned to us in a not “as new” condition (including without limitation any Excluded Damage) We reserve the right to charge you for the repair or replacement of the Product and/or any part or to return the Product to You without refunding You and without any further liability on Our part
4.6 Notwithstanding Your compliance with the above procedure the Order cannot be cancelled if:
4.6.1 We receive the Product 10 working days or more after Delivery.
4.6.2 There is a contract for services with the Product and You have started using the services (this would include e.g. a registration in the case of a GPS Safety Camera Locator or a Navigation or update subscription) or You have registered the Product in your name and/or downloaded updates to the Product or the seal has been broken on any software supplied with the Product or
4.6.3 The Product was fitted or a special order to your specification.
5. Delivery Property and Risk
5.1 Unless otherwise stated in the Order the Price includes Delivery provided that
We reserve the right to make an additional charge to cover any increase in transport costs occurring before Delivery.
5.2 Any time or date for delivery given by Us is given in good faith but is an estimate only.
5.3 Risk in the goods shall pass to You upon Delivery.
5.4 Ownership of the Product shall not pass to You until You have paid the Price and We have received the same as cleared funds. But even though ownership has not passed We shall be entitled to sue for the Price once its payment has become due. Alternatively and at Our discretion until such time as the ownership of the Product passes to You we shall be entitled to retain possession of the Product or the prompt return of the Product on demand and at your expense and to pursue You for any damages suffered by Us howsoever caused.
5.5 Until such time as the ownership of the Product passes to You, You shall hold it on Our behalf and keep it safe, insured and identified as Our property.
5.6 All intellectual property rights relating to the Product belongs to and vests in its originator absolutely and shall continue to be vested in its originator.
5.7 If delivery to Your address fails twice we reserve the right to charge You for a third delivery. If the Product is returned to Our address as a result of failed delivery to Your address we reserve the right to charge You for shipment back to Our address and for re-delivery of the product to You.
6 Damage in transit and incomplete orders.
6.1 If You do not receive a complete Product please check that it has been dispatched by checking Your Sales Receipt. If Your Order is not in transit to You please e-mail us at firstname.lastname@example.org or telephone 0800 634 4484.
6.2 In the unlikely event that the Product is damaged or faulty on Delivery You must inform us either by telephone or e-mail within 12 hours of Delivery. You must then follow the procedure set out in clauses 4.1 4.2 4.4 and 4.5 above (excluding clause 4.3)
7 Faulty Product
7.1 We will at our discretion repair or exchange with a product of similar specification any faulty Product if We are notified of any fault within 28 calendar days of Delivery. To qualify for an exchange the Product must be in an otherwise “as new” condition save to the extent that the packaging is opened and You must comply with clauses 4.1, 4.4 and 4.5 above (excluding clauses 4.2 and 4.3)
7.2 Wherever reasonably possible and at Our absolute discretion We will respond to any request by You for assistance to repair the Product if a fault is notified to Us within 12 months of Delivery.
7.3 We accept no liability for Excluded Damage.
7.4 We do not warrant the accuracy of any information supplied on any database accessed through the Product and in particular but without limitation we shall not be liable for the failure of the Product to provide any alert.
7.5 Whilst the Product can currently be owned and used legally in the United Kingdom, We give no warranty that such will continue to be the case or that the Product can be owned and used legally in continental Europe and We shall have no liability to You in respect thereof.
7.6 We will pass on to You (insofar as possible) the benefit of any warranty given to Us by any third party manufacturer or supplier and will (on request) supply to You details of the terms and conditions of such warranty issued to Us by such third parties and You shall be solely responsible to the entire exclusion of Us for complying with all of these.
7.7 We exclude all other liability to You whether contractual tortious or otherwise for defects in the Product or for any loss or damage to or caused by the Product and subject to condition 10 below all other conditions warranties stipulations or other statements whatsoever concerning the Product whether express or implied by statute at common law or otherwise howsoever are hereby excluded; in particular (but without limitation of the foregoing) We grant no warranties regarding the fitness for purpose performance use nature or quality of the goods whether express or implied by statute at common law or otherwise howsoever
8 Economic Loss
Subject to condition 10 below and notwithstanding anything contained in these Conditions (other than condition 10 below) in no circumstances shall We be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof (i) for any loss of profit business contract revenues or anticipated savings
or (ii) for any special indirect or consequential damage of any nature whatsoever
9 Limitation of Liability
Subject to condition 10 below and notwithstanding anything contained in these Conditions (other than condition 10 below) our liability to You in respect of the Order in contract tort (including negligence or breach of statutory duty) or howsoever otherwise arising shall be limited to the Price of the Product specified in the Order
10 Unfair Contract Terms Act 1977
10.1 If and to the extent that section 6 and/or section 7 of the Unfair Contract Terms Act 1977 applies to the Order no provision of these Conditions shall operate or be construed to operate so as to exclude or restrict our liability for breach of the applicable warranties implied into the Conditions by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982 whichever Act applies to the Order.
10.2 If and to the extent that Section 2(1) of the Unfair Contract Terms Act 1977 applies to the Order nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict Our liability for death or personal injury caused to You by reason of Our negligence.
11 Your obligations
In addition to all other obligations undertaken by You in these Conditions You undertake to comply with the following obligations:-
11.1 You will install the Product in accordance with all instructions provided by Us and the manufacturer
11.2 You will not tamper with alter or undertake any repairs on the Product or attempt to do so
11.3 You will be responsible at all times for complying with the law including any changes in the law applicable to You and will indemnify Us for any damages We suffer as a result of any illegal use of the Product or any part by You or any third party.
12 Data Protection
13 Non Waiver
Failure by Us to enforce a provision of these Conditions shall not affect Our right to require such performance by You at any subsequent time
All notices under this Order shall be in writing and be deemed to have been duly given by either party when sent by first class post to the last known address of the other party or by e-mail to the last known e-mail address provided by either party for this purpose.
15 Applicable Law
The Order shall be considered a contract made in England and shall be governed in all respects by the Law of England and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
16 Force Majeure
If performance of this Order is delayed or prevented by any cause or causes beyond Our control We shall be entitled to terminate the Order or suspend Our duty to perform for as long as the circumstances amounting to force majeure continues. We shall not be liable for any costs arising out of termination of this Order or suspension of Our duty to perform under this clause.
17.1 Vouchers issued by Us are only redeemable for products which are available on one of Our web-sites. To redeem the voucher You need to phone 0800 634 4484, quoting your customer number.
17.2 The voucher cannot be exchanged for cash and can only used as part payment for products on one of Our web-sites. The voucher can not be used with any other special offer or price reduction.
17.3 The voucher expires 6 months after the invoice date with which the voucher was given. Use of the voucher is subject to our standard terms and conditions of sale.