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Terms and Conditions for items purchased via the
internet.
"Purchaser"
shall mean the individual or company who supplies their credit/debit
card details for the purpose of acquiring goods via the Internet
"Company"
shall mean NGS Ltd, the seller of the said goods whether acting as
a third party authorised distributor, agent or not.
"Contract"
shall mean the statutory contractual obligation to arrange the supply of
goods to the purchaser.
"Goods"
shall mean the goods or services described for purchase upon a web site
precisely and shall not refer to any other goods either in fact or by
implication.
"Terms"
shall mean these terms and conditions of sale in respect of goods
offered for sale on the Internet and shall not refer to any other goods
or services.
"Secure Server"
shall mean the electronic means by which credit/debit cards details are
taken and protected when proffered for payment for goods or services on
the Internet web site the property of the Company.
"Changes"
shall mean changes in writing on the Company's formal headed paper, or
by electronic means such that publication of the said changes is made on
the Company's web site clearly displayed at the relevant place upon the
said web site.
This document shall constitute a legal agreement between the
Purchaser and the Company/Third party Manufacturer/Supplier.
1. Sale of Goods or Services
1.1
The purchaser agrees that these terms and conditions shall be the only
terms and conditions that shall apply to the sale of goods or services
on the Company's web site. No other terms or conditions may be applied
or included therein for any purpose whatsoever except where:-
1.2
Changes or variations shall be made by the Company in writing or by
electronic means where they shall be clearly displayed on the
appropriate web site.
1.3
Statements in respect of any part of the goods or services sold where
the Company acts as the registered distributor for a third party
manufacturer or supplier are entirely the responsibility of the said
third party manufacturer and may not be regarded as being necessarily
the opinions of the Company, its agents or representatives.
1.4
The Company reserves the right not to supply goods where the destination
of the said goods are or are believed to be in a country or territory
the subject of a trade embargo instituted by the government of the
United Kingdom, wheresoever the said country or territory might be
situated.
1.5
Salt deliveries Please confirm your Delivery
area by Postcode Orders with incorrect delivery areas will be cancelled,
and will need to be reordered with correct area details.
2. Price
2.1
Prices published for goods or services proffered for sale on the
Company's web site are deemed to be correct at the time of entry, but
the Company reserves the right to change prices by notification in
writing or by electronic means where instructed to do so by a third
party manufacturer/supplier or as the result of circumstances deemed to
be beyond the control of the Company.
2.2
Prices may fluctuate by virtue of variations in foreign exchange rates
and such variation shall not be bound by the conditions at 2.1 of this
agreement. Such fluctuations may be applied without prior notice but
shall be applied at the first possible opportunity in any event.
2.3
The purchaser acknowledges that he/she shall not hold the company
responsible for any claims made in respect of any goods or services
offered for sale under this agreement where those claims are the result
of information supplied by a third party manufacturer or supplier.
2.4
All prices shall be charged with Value Added Tax at the rate appropriate
to current UK and EU legislation's.
2.5
The purchaser shall be responsible absolutely for the payment in full of
any and all duties or taxes that might be charged for the purposes of
import into a foreign country or territory by the government or
appropriate authority of the said country or territory.
3. Warranties and Guarantees
3.1
Any warranty or guarantee applied to goods sold at the behest of a third
party shall be the responsibility of the said third party absolutely and
any correspondence entered into must initially be carried out between
the purchaser and the Company.
3.2
Goods sold as manufactured by or being the service of the Company shall
be subject to such warranties and guarantees as may be stated by the
Company and correspondence should be entered into with the Company in
writing exclusively.
3.3
No warranty or guarantee shall be applied or implied other than at the
time of purchase.
3.4
In any event all goods or services purchased here in shall be subject to
an unconditional warranty for a period of 30 days, said warranty not to
exceed the value of the purchase.
4. Refunds
4.1
The Company shall have liabilities as stated at the time of purchase in
respect of goods or services supplied where the said goods or services
shall originate from the Company
4.2
Goods returned for the purposes of refund must, where the goods are not
stated to be faulty, be in re-saleable condition.
4.3
Delivery costs are non-refundable.
4.4
Your Statutory Rights,
Cooling-off Period
By law, customers in the
European Union also have the right to withdraw from the purchase of an
item within seven working days of the day after the date the item is
delivered. Please note that you will be responsible for the costs of
returning the items to us unless we delivered the items to you in error
5. Payment and invoice
5.1
Full payment shall be proffered by means of a credit or debit card as
specified at the time of order.
5.2
The Company shall proffer an invoice, on request, by email, a single
copy only shall be sent, and further copies will be made available by
request and at a nominal charge to the purchaser.
5.3
Credit/debit card payments will be debited from the purchaser's account
immediately at the time of goods being ordered.
6. Fraud Protection
6.1
The Company reserves the right to employ the use of Fraud Protection
services in respect of all credit/debit card transactions and all
applications must pass in full any and all fraud protection checks that
the Company might from time to time employ prior to goods being
despatched or services being applied.
6.2
Any transaction where a credit/debit card shall fail to meet the
requirements of the fraud protection scheme employed by the company
shall be declared void and no debit shall be made from the said account.
6.3
Where a transaction shall fail fraud protection, purchasers may be
offered alternatively methods of payment at the discretion of the
Company absolutely.
6.4
Where an attempted transaction is made that is deemed to be deliberately
fraudulent in its nature the Company shall reserve the right to
prosecute in every case.
6.5
The giving of false or malicious information on to the Company's secure
server shall be deemed to be reason for the Company to prosecute without
exception.
7. Ordering
7.1
Goods and services shall be ordered exclusively by means of the
Company's secure server from the applicable web site on the Internet .
7.2
Errors and omissions made when ordering shall be the responsibility of
the purchaser absolutely and care shall be taken when entering
information onto the web site that contains details of a purchaser's
credit/debit card, address or "E"mail identification.
8. Despatch
8.1
Goods will be despatched within 7 to 21 days, (normally within 14) or as
soon as is practical, upon confirmation of fulfilment in full of the
Company's Merchant Banking and Fraud Protection conditions
8.2
Goods despatched directly from a third party manufacturer's premises
shall be the responsibility of the said third party manufacturer
absolutely and no liability for late or delayed delivery shall fall upon
the Company howsoever such delay or late delivery might occur.
9. Cancellation of Orders
9.1
Cancellation of an order placed using a credit or debit card may only be
affected by email to the Company.
9.2
Refunds in the case of cancellation will be made in full, less a
handling charge equal to 10% (ten percent) of the total value of the
goods or services for the purposes of administration. Refunds will only
be made directly to the purchaser's account by electronic banking means
and will not be made in cash or by cheque or by banker's order at any
time or for any reason whatsoever. However if you are cancelling
within 7 days,
by law, customers in the European Union
also have the right to withdraw from the purchase of an item.
Please see clause 4.4 headed
Your Statutory Rights,
10. Patents and Copyrights
10.1
Any product or service offered by the Company for sale which is
protected by patent or copyright shall not have the said patent or
copyright infringed in any way whatsoever or for any reason by the
purchaser.
10.2
Any infringement as described at 10.1 which shall be deemed as having
been committed shall render the individual responsible and liable to
prosecution without notice.
11. Liabilities and Exclusions thereof
11.1
The Company shall be in no way responsible nor shall it be held to be
liable for any defect, failure or change in specification or quality of
any item of goods where such goods originate from a third party
manufacturer. A Purchaser's statutory rights in respect of the said
goods are not affected but liability for the said rights shall lie
solely with the third party manufacturer.
11.2
Liability for the quality defect, failure or change of specification of
goods originating directly from the Company shall be limited to the
purchase price value of the goods only. The statutory rights of the
purchaser shall not otherwise be affected.
12. General
12.1
The Company reserves the right to change for the purposes of update any
or all of the foregoing terms and conditions at such time as the Company
shall see fit and for any other purpose within 14 days notice to be
published upon the Internet on the relevant web site(s).
12.2
These terms and conditions shall be governed by the Laws of England and
Wales absolutely and shall be deemed to have been accepted as such at
the time of purchase.
13. Declaration
I have read and agree to be bound absolutely by the foregoing Terms
and Conditions of Purchase. I understand that I risk prosecution if I
make a fraudulent statement in order to obtain any goods or services
herein offered under these terms and conditions.
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