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Sky Products Terms and Conditions
for the Sale of Goods over the Internet
Please read these conditions very carefully before ordering any goods from our website.
Your attention is particularly drawn to paragraph 9.
By submitting an order within this website you agree to be legally bound by the following Terms and Conditions:-
1. Interpretation
1. In these conditions the following words shall have the following meanings:
1. "You" means the person(s), firm or company that buys the Goods from Us and "your" shall be interpreted accordingly
2. "Us" and "We" both mean Sky Products
3. "Goods" means any goods We agree to supply to You under the terms of the Contract.
4. "Contract" means any contract between You and Us, for the sale and purchase of the Goods, which incorporates these conditions
5. "Website" means the website with the URL: www.Skyproducts.co.uk
2. Any reference to any statute or statutory provision refers to its most recent version
3. Reference to the singular includes the plural and vice versa.
4. Headings are only used for convenience.
2. Applying These Conditions
1. The Contract will be on these conditions only, unless there is a written variation agreed between You and Us
2. Your order is an offer to buy the Goods from Us under these conditions.
3. Confirmation of your order is our acceptance of that offer. We do not have to accept your offer.
3. The Goods
1. Any description of the Goods on our Website is for guidance only. No pictures, descriptions, specifications or advertising will form part of the Contract.
2. If any Goods are not available, We will provide substitutes. If You are not happy with the substitutes You must tell Us within [7] days, We will then explain how to return them (at our expense) and the Contract will be cancelled.
4. Delivery
1. We will deliver the Goods to the address You provide on the order form. We will only deliver to a UK address.
2. Any delivery date We give is an estimate.
3. Unless these conditions state otherwise, We are not liable for any loss, costs, damages, charges or expenses caused by any delay in delivery.
4. Unless the delay is longer than 30 days from the date We confirm your order, You cannot cancel the Contract.
5. If We cannot deliver the Goods because You will not accept delivery, You have not provided the correct address, or no-one is available to accept delivery, then:
1. all risk in the Goods will pass to You;
2. the Goods will be deemed to have been delivered; and
3. We may store the Goods until We can re-deliver them, and You will be liable for any costs arising from this
5. Non-Delivery
1. We shall not be liable for any proven non-delivery unless You report it within 5 days of the date when the Goods should have arrived.
2. Our liability for non-delivery is limited to replacing the Goods within a reasonable time, or issuing a credit note.
6. Price
1. All prices are quoted in Pounds Sterling.
2. The price for the Goods is the price shown on our Website when We confirm your order. This will include delivery to a UK address.
7. Payment
1. Payment is due by any of the methods described on our Website at the date You place your order.
2. All payments due to Us under the Contract shall become due immediately on termination of the Contract.
8. Defects
1. Nothing in these terms affects your statutory rights
2. We will not be liable for any defects of the Goods unless:
1. You tell Us of the defect within 2 days of the time You discover, or ought to have discovered, the defect; and
2. We are given a reasonable opportunity, of examining the Goods and, if requested, You return the Goods to Us at your expense for examination (if We agree that the Goods are defective, We will refund this expense).
3. We shall not be liable for any defect if:
1. You use the Goods after telling Us about the defect; or
2. the defect arises through misuse, or inappropriate storage, of the Goods; or
3. You alter or repair the Goods without our written consent.
4. Subject to conditions 8.2 and 8.3, if any of the Goods are defective, We shall either repair or replace them (or the defective part) or refund the price, provided that, at our request, You return the Goods (or the defective part). We will refund the cost of returning the Goods to Us.
5. If We comply with condition 8.4, We shall have no further liability for any defects.
9. Liability
1. Subject to condition 8, the following sets out our entire financial liability to You in respect of:
1. Any breach of these conditions; and
2. Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
2. All warranties, conditions and other terms implied by statute or common law (except those implied by section 12 of the Sale of Goods Act 1979) are, as far so the law allows, excluded from the Contract.
3. Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
4. Subject to conditions 9.2 and 9.3;
1. Our total liability in contract, tort, misrepresentation or otherwise, arising in connection with the Contract shall be limited to £ 100; and
2. We shall not be liable to You for any indirect or consequential loss, damage, costs, expenses or other claims for consequential compensation whatsoever which arise out of, or in connection with, the Contract.
10. Right to Cancel
1. If You wish to cancel the Contract, You must notify Us in writing within 7 working days of receipt of the Goods. You must return the Goods to Us at your expense. On the satisfactory receipt of the Goods, We will refund the price paid for the Goods.
11. Force Majeure
1. If We are prevented from, or delayed in, carrying on our business due to circumstances beyond our reasonable control, We may defer delivery or cancel the Contract or reduce the volume of the Goods sent to You (without liability to You). Such circumstances include, acts of God, government actions, war, national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes, other labour disputes, or inability or delay in obtaining supplies of materials.
2. If the circumstance in question continues for a continuous period of more than 20 days, You can give Us written notice to end the Contract.
12. Communication
1. All communications from Us that are made by Email, or by posting on our Website, satisfy any legal requirement that such communication is in writing.
2. We agree that any communication that You must make in writing (under these conditions) may be made by Email to CustomerServices@Skyproducts.co.uk or by post to Sky Products, 24 Stourton Close, Sutton Coldfield, West Midlands. B76 2UP
3. Any Email sent to Us shall be deemed to be received on the day it is sent.
4. Any post sent to Us shall be deemed to be received at 10am on the second working day after the date of posting.
5. If You wish to make any complaint You may Email it to Complaints@Skyproducts.co.uk or post it to Sky Products, 24 Stourton Close, Sutton Coldfield, West Midlands. B76 2UP
13. Information You provide
1. You authorise Us to use, store or process any information that You provide, including your name and address, as far as is reasonably necessary for Us to provide our services.
2. If You buy Goods through our Website then We may collect information about your buying behaviour. If You send us personal correspondence such as Emails or letters then We may collect this information into a file specific to You.
3. You must ensure that any information You provide is accurate and complete. For more information about how We deal with your Personal Information, please read our privacy policy.
14. Online Materials
1. The materials published on our Website are solely for your personal and non-commercial use.
2. Our Website is controlled and operated by Us from our offices in Sutton Coldfield. We do not control or endorse any content supplied by third parties.
3. Any content from third parties is published in good faith. We are not responsible for its accuracy or for its use, except where it relates directly to the Goods.
4. You accept all responsibility for your use of our Website and any information it contains.
15. General
1. Each of our rights or remedies under the Contract is without prejudice to any of our other rights and remedies whether under the Contract or not.
2. If any provision of the Contract is found to be wholly or partly illegal, void, voidable, unenforceable or unreasonable, then it shall be deemed severable. The remainder of that provision and the remaining provisions
shall continue in full force and effect.
3. Any failure or delay by Us in enforcing any part of the Contract will not be taken as a waiver of any of our rights.
4. If We ignore any breach of any part of the Contract by You, this does not mean that We will allow any further breach and it will not affect the other terms of the Contract.
5. The Contract is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
6. Nothing in these Conditions shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.
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