Standard Terms and Conditions of Sale
Effective: March 2011
IMPORTANT: Please read these standard Terms and Conditions of Sale carefully as they together with your order confirmation constitute the contract between Noby UK Ltd and you for the sale of the goods you purchase from us. By placing an order you confirm that you have read, understood and agree to these Conditions in their entirety. If you do not agree with these Conditions you must not place an order for any goods. We reserve the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods or changes in relevant laws and regulatory requirements. You will be subject to the Conditions in force at the time that you submit your order with us.
1. ORDERS
1.1 You may place an order by visiting our online store and following the process for submitting an order.
Alternatively, you may submit an order by fax, email, or by post, details of which are given in our website "Contact Us" page.
Our operating times are 8:30am to 4:30pm Monday to Thursday and 8:30am to 3:30pm Friday.
Orders will be processed within one working day of receipt of your order request.
1.2 By placing an order, you make us an offer to purchase the goods you have selected in accordance with these Conditions. We may or may not accept your order at our sole discretion.
1.3 These Conditions will become binding on you and us when we issue you with written confirmation of your order. The order confirmation is to notify you that we have accepted your order request and that your payment has been authorised. If for any reason we are unable to accept your order we will attempt to contact you by email or telephone in order to resolve any outstanding issues.
1.4 If for any reason we are unable to accept your order (e.g. out of stock items or unauthorised payment) then we will contact you to help resolve the matter. Any refund for out of stock items will be limited to the cost of the goods.
1.5 Business customers can apply for a monthly trading account, in which case orders will be accepted by fax, email or by post.
1.6 Noby UK reserve the right to review and modify the account status of any retail customer found to have applied as a business customer for pricing purposes.
2. PRICE
2.1 The price of the goods will be as set out in the order confirmation we provide to you, and are in GBP, exclusive of VAT unless otherwise stated. We reserve the right to change our prices without prior notice. Price changes will not affect any orders already confirmed to you in writing. For scheduled deliveries up to 90 days the price payable will be the price applicable at the time of the order confirmation. Where scheduled deliveries extend beyond 90 days we reserve the right to review the price.
2.2 Whilst we endeavour to ensure our website prices are correct, we are not obliged to provide goods at an incorrect price. In such cases we will contact you for your confirmation as to whether you wish to proceed with the order. If you do not wish to proceed, we will cancel your order and return any prepaid monies in respect of cancelled items.
3. PAYMENT
3.1 When you purchase goods from our online store, payment in full must be made at the time of completing the online ordering process either by credit/debit card or by Paypal. Any items on back order at the time of placing your order will be charged for at that time.
3.2 For orders received by fax, email or by post then the goods will not be despatched until payment (cheque or bank transfer) has cleared our bank.
3.3 For business customers with a credit account, (subject to any satisfactory references deemed appropriate by us), payment is net monthly i.e. the Due Date is the last day of the month following the one in which the invoice is dated.
3.4 Where there exists a dispute in respect of goods supplied, payment against the invoice shall be made in full less the value of the disputed items.
4. RISK AND OWNERSHIP OF THE GOODS
4.1 Ownership of the Goods delivered or to be delivered by us will only be transferred to you when you have paid cash or cleared funds in payment of all sums owing to us in respect of the Goods.
5. DELIVERY
5.1 We shall despatch your Goods by First Class post or carrier to UK based customers. Goods are normally despatched within one working day from confirmation of your order. Delivery to mainland UK will normally be charged at £10.50 plus VAT unless otherwise shown. Exceptions to this standard rate may include, but not necessarily limited to, the Highlands and Islands. Should delivery charges exceed this amount then you will be contacted by telephone and/or email when we confirm your order.
5.2 The time of day for your delivery shall not be of the essence.
5.3 We shall be under no liability whatsoever for any delay in delivery or a failure to deliver or the consequence resulting from such delay or failure that is caused by an event outside our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
5.4 If you fail to take delivery of your order on the agreed date, then we will store the Goods until delivery takes place and may charge you a reasonable sum to cover any redelivery expenses incurred by us.
5.5 In the rare event that we are prevented or fail to deliver the Goods, our liability (and your sole and exclusive remedy) for such non-delivery will be limited to us replacing the Goods within a reasonable time or refunding the price paid by you in respect of such Goods.
5.6 It is your responsibility to check that the Goods delivered are in full working order before they are included in any other product or part or are sold onto a third party. We make no warranty or representation that the Goods are made for any particular purpose and are under no liability whatsoever if the Goods purchased by you do not fit the purposes for which you purchased them for.
5.7 Each delivery of the Goods shall be accompanied by a delivery note detailing the order specification.
6. EXPORT
6.1 Freight, insurance and handling will be charged extra at cost. Please contact us for a quotation.
6.2 Payments will be made in GBP to our bank.
6.3 You are responsible at your own expense for obtaining any import or export licence or any other documentation deemed necessary by any competent authority.
7. RETURNS
7.1 If there are shortages or damages to the Goods you receive which have occurred whilst in transit, or there is any other error with your order, such as you have received the wrong product, you must notify us within 7 days of receipt of your delivery (the Inspection Period), giving us full details of any shortages, damages or errors with the Goods or your order. You must promptly return any damaged Goods or Goods received in error to us together with all packaging. We will reimburse you for the postage costs incurred in returning such Goods. Where we accept that there has been damage in transit, a shortage or an error in the Goods despatched, we shall make up any shortfall, error or damage to your order free of charge as soon as reasonably possible. After the Inspection Period has expired, you will be deemed to have accepted the Goods and any attempt to return the Goods after this time pursuant to this clause will be rejected by us.
7.2 If during the Inspection Period, the Goods are found to be defective, you must inform us within the Inspection Period of such defect. We will ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will in consultation with you either replace or repair the Goods. Alternatively we can offer a full refund for those defective Goods.
7.3 Any claims that the Goods are defective after the Inspection Period has expired will be covered under the terms of warranty.
7.4 Goods must be returned in their original packaging, quoting the RMA number (supplied by us) and the delivery note number to: Noby UK Ltd., Unit 1F, Mill Fold Way, Ripponden, Halifax, West Yorkshire, HX6 4DJ, UK.. Returned Goods must be returned secure and reasonably protected against transit damage, with proof of delivery where offered (i.e. signature on delivery).
8. ORDER CANCELLATION
8.1 If you purchase Goods from us via our online store and you are a UK/EU consumer, you are entitled to cancel your order within 7 days following receipt of your Goods by providing us with notice. Your rights of cancellation will not apply where the Goods have been customised for you by us at your request. Goods should be returned to us as soon as reasonably practicable but in no event later than seven days after your notification to us that you wish to cancel your order. Goods should be returned to us undamaged and in their original packaging.
8.2 If you purchase Goods from us acting in the course of business the above rights of cancellation do not apply to you. In this event and subject to your other rights of cancellation set out in these Conditions, cancellation of your order or the return of any Goods may only be accepted after prior agreement with us. On no account can cancellation be accepted for items ordered specially by us on your behalf.
9. WARRANTY
9.1 Unless otherwise specified we warrant that the Goods will be free from material defects in design, materials or workmanship for a period of 12 months, unless otherwise stated, from the date of despatch of the Goods.
Provided that: the Goods are returned to us suitably packed, carriage prepaid and accompanied with proof of purchase together with details of the nature of the defect; and provided that we confirm that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident.
9.2 We are not liable under this warranty if the total price for the Goods has not been paid by the Due Date, or for any defect arising from:
9.2.1 fair wear and tear, wilful damage, negligence, misuse or unauthorised repair of the Goods.
9.2.2 use of the Goods not in a reasonable manner having regard to their normal purpose.
9.2.3 use of the Goods in conjunction with any other item giving rise to the alleged defect.
9.2.4 use of the Goods not in accordance with the manufacturer’s operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer´s instructions.
9.3 The warranty shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with your order for the Goods.
9.4 Software programs are supplied by us on the strict understanding that the licensor/supplier of the software does not guarantee the contents of the software to be free from errors, bugs or omissions.
9.5 Our liability shall be limited to replacing, repairing or issuing credits at our option for any Goods returned within the warranty period.
10. LIMITATION OF LIABILITY
These Conditions shall not supersede any limit of liability excluded by law:
10.1 Under no circumstances shall the total aggregate liability of us exceed the price paid by you for the Goods. Such circumstances may include: breach of contract, misrepresentation, breach of statutory duty, loss of profits, business, contracts, anticipated savings, goodwill or revenue, any wasted expenditure, or any loss or corruption of data, property or equipment, or any indirect or consequential loss or damage whatsoever even if we were aware of the possibility that such loss or damage might be incurred by you.
10.2 Whilst we make every effort to ensure the accuracy of our technical literature, you acknowledge and agree that you have relied upon your own skill and judgement in selecting the Goods.
11. MISCELLANEOUS
11.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated in the catalogue, without prior notice, as part of our continuous process of product and service improvement, or to improve product availability. Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits. The information contained in the catalogue and on the website is correct to the best of our knowledge at the time of going to press. All images are used for illustration purposes only.
11.2 Nothing in these Conditions affects the statutory rights of a consumer under the Consumer Protection Regulations 2000 (Distance Selling) or the Sale of Goods Act 1979 as amended from time to time.
11.3 If any provision of these Conditions are held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
11.4 We shall not be liable to you for any delay or failure to perform any of our obligations hereunder which is due to causes or circumstances beyond our reasonable control, including acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
11.5 These Conditions including the Order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to these Conditions except in respect of any fraudulent misrepresentation made by either party.
11.6 These Conditions shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in connection with any dispute.
11.7 Customer data is retained for the sole use of Noby UK business purposes. We may disclose your details to organisations working on our behalf for the purpose of our obligations under these Terms and Conditions of Sale ( e.g. credit reference agencies).
11.8 We may send you details of other products and services offered by us that may interest you. If you do not want to receive details of these offers then you should contact us by telephone, fax, email or by post.
12. COPYRIGHT
This website is owned and operated by Noby UK Ltd., registered in England and Wales under company number 02729817. Reproduction in part or whole of our website, without our prior written consent is strictly prohibited.