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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
- Format of the Contract
- These terms of sale apply
to all goods supplied by wizardprice.com whose
office is located at Maple Business Park, 1 Bennett
St, Ardwick, Manchester, M12 5AQ(the “Supplier”).
- No contract exists between
you and the Supplier for the sale of any goods
until the Supplier has received and accepted your
order.
- An acceptance of your offer
to buy the goods will be sent shortly after your
order. However, we do have the right to terminate
the contract in the event that the goods are unavailable,
mis-priced or cleared funds are not received.
- The contract is subject
to your right of cancellation (see below).
- Your attention is drawn in
particular to the conditions surrounding the return
of goods in 7.3.
- The Supplier may change
these terms of sale without notice to you in relation
to future sales.
- Description and price
of the goods
- The description and price
of the goods you order will be as shown on the
Supplier´s website at the time you place
your order.
- The goods are subject to
availability. If on receipt of your order the
goods you have ordered are not available in stock
we will not accept your order. If after acceptance
or job order the Supplier discovers within [21
days] of our acceptance of your order that the
goods are unavailable we may terminate the contract
and refund or re-credit you for any sum that has
been paid by you or debited from your credit card
for the goods.
- Every effort is made to
ensure that prices shown on the Supplier´s
website are accurate at the time you place your
order. If an error is found within 14 days of
accepting your order, the Supplier will inform
you as soon as possible and offer you the option
of reconfirming your order at the correct price,
or cancelling your order. If the Supplier does
not receive an order confirmation within 14 days
of informing you of the error, the order will
be cancelled automatically. If you cancel the
order, or if the order is cancelled automatically
due to the expiry of the 14 day period, the Supplier
will refund or re-credit you for any sum that
has been paid by you or debited from your credit
card for the goods.
- In addition to the price,
you may be required to pay a delivery charge for
the goods.
- Payment
- Payment for the goods and
delivery charges can be made by any method shown
on the Supplier´s website at the time you
place your order. Payment shall be due before
the delivery date and time for payment shall be
a fundamental term of this agreement, breach of
which shall entitle the Supplier to terminate
the contract immediately.
- There will be no delivery
until cleared funds are received.
- Payments shall be made by
you without any deduction whatsoever unless you
have a valid court order requiring an amount equal
to such deduction to be paid by the Supplier to
you.
- Delivery
- The goods you order will
be delivered to the address you give when you
place your order, except that some deliveries
are not made outside the United Kingdom .
- Orders placed before 4.00
pm on a working day will be processed that day
and will be delivered inline with either the delivery
option you have chosen or the offered delivery
period as stated by the supplier provided no additional
security checks are required and all stock items
are available. (A working day is any day other
than weekends and bank or other public holidays.)
- If delivery cannot be made
to your address for reasons under the Supplier´s
control the Supplier will inform you as soon as
possible.
- If you deliberately fail
to take delivery of the goods (otherwise than
by reason of circumstances under control of the
Supplier) then without prejudice to any other
right or remedy available to the Supplier , the
Supplier may:
- store the goods until
actual delivery and charge you for reasonable
costs (including insurance) of storage; or
- sell the goods at the
best readily obtainable price and (after deducting
all reasonable storage and selling expenses)
account to you for any excess over the price
you agreed to pay for the goods or charge
you for any shortfall below the price you
agreed to pay for the goods.
- If you fail to take delivery
because you have cancelled your contract under
the Distance Selling Regulations the Supplier
shall refund or re-credit you within 30 days for
any sum that has been paid by you or debited from
your credit card for the goods. On exercising
your right to cancel you shall be required to
return the goods to the Supplier. Should you fail
to return the goods, the Supplier reserves the
right to deduct any direct costs incurred by the
Supplier in retrieving the goods as a result of
such failure.
- Every effort will be made
to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier
will not be liable for any loss or damage suffered
by you through reasonable or unavoidable delay
in delivery. In this case, the Supplier will inform
you as soon as possible.
- Upon receipt of your order
you will be asked to sign for the goods received
in good condition. If the package does not appear
to be in good condition then please refuse the
delivery. If you are unable to check the contents
of your delivery at the point of delivery then
please sign for the parcel as "UNCHECKED".
Failure to do so may affect any warranty claims
that you make thereafter.
- Risk/Title
- The goods are at your risk
from the time of delivery.
- Ownership of the goods shall
not pass to you until the Supplier has received
in full (in cash or cleared funds) all sums due
to it in respect of:
- the goods, and
- all other sums which
are or which become due to the Supplier from
you on any account.
- The Supplier shall be entitled
to recover payment for the goods even though ownership
of any of the goods has not passed from the Supplier.
- Title for Business Customers
- If you are a business customer
until ownership of the goods has passed to you,
you must:
- store the goods (at
no cost to the Supplier) separately from all
your other goods and goods of any third party
in such a way that they remain readily identifiable
as the Supplier´s property;
- not destroy, deface
or obscure any identifying mark or packaging
on or relating to the goods; maintain the
goods in satisfactory condition and keep them
insured on the Supplier´s behalf for
their full price against all risks to the
reasonable satisfaction of the Supplier. On
request you shall produce the policy of insurance
to the Supplier; and
- hold the proceeds of
the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them
with any other money, nor pay the proceeds
into an overdrawn bank account.
- If you are a business customer
your right to possession of the goods shall terminate
immediately if:
- you have a bankruptcy
order made against you or make an arrangement
or composition with your creditors, or otherwise
take the benefit of any statutory provision
for the time being in force for the relief
of insolvent debtors, or (being a body corporate)
convene a meeting of creditors (whether formal
or informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent
voluntary liquidation for the purpose only
of reconstruction or amalgamation, or have
a receiver and/or manager, administrator or
administrative receiver appointed of its undertaking
or any part thereof, or a resolution is passed
or a petition presented to any court for your
winding up or for the grant-ing of an administration
order in respect of you, or any proceedings
are commenced relating to your insolvency
or possible insolvency; or
- you suffer or allow
any execution, whether legal or equitable,
to be levied on your property or obtained
against you or you are unable to pay your
debts within the meaning of section 123 of
the Insolvency Act 1986 or you cease to trade;
or
- you encumber or in any
way charge any of the goods.
- Your right of cancellation
- You have the right to cancel
the contract at any time up to 10 days after you
receive the goods (see below). Please note that
this policy has some limitations and does not
apply to business customers.
- To exercise your right of
cancellation, you must give written notice to
the Supplier by hand, post or email, giving details
of the goods ordered and (where appropriate) their
delivery. Notification by phone is not sufficient.
- Except in the case of faulty
or misdescribed goods, if you exercise your right
of cancellation after the goods have been delivered
to you, you will be responsible for returning
the goods to the Supplier at your own cost. The
goods must be returned to the address shown within
the Returns on Line section of the website.They
must be returned unopened with seals intact and
in original condition including outer packaging
so they can be re-sold,unless stated this applies
to all goods except software which due to the
nature of the product cannot be returned. You
must also take reasonable care to ensure the goods
are not damaged in the meantime or in transit.
Any goods returned outside of these terms will
be subject to a 15% restocking and handling fee.
In the case of faulty or misdescribed goods we
shall, after receiving notification in accordance
with clause 7.3 or 7.4, either collect the goods
from you or ask you to return the goods yourself
and possibly refund you the reasonable postage
costs.
- Once you have notified the
Supplier that you are cancelling the contract,
the Supplier will refund or re-credit you within
30 days for any sum that has been paid by you
or debited from your credit card for the goods.
- Except in the case of faulty
or misdescribed goods, if you do not return the
goods as required, the Supplier may charge you
a sum not exceeding the direct costs of recovering
the goods.
- You do not have the right
to cancel the contract if the order is for computer
software which has been unsealed by you, or for
consumable goods which, by their nature, cannot
be returned, save where a fault is discovered
which could not have been discovered otherwise
than by unsealing the goods.
- Warranty
- All goods supplied by the
Supplier are warranted free from defects for 12
months from the date of supply (unless otherwise
stated). This warranty does not affect your statutory
rights as a consumer.
- This warranty does not apply
to any defect in the goods arising from fair wear
and tear, wilful damage, accident, negligence
by you or any third party, use otherwise than
as recommended by the Supplier, failure to follow
the Supplier´s instructions, or any alteration
or repair carried out without the Supplier´s
approval.
- If the goods supplied to
you are damaged on delivery, you should notify
the Supplier in writing via email within 7 working
days. (Please note that this is 48hrs for our
business customers)
- If the goods supplied to
you develop a defect while under warranty or you
have any other complaint about the goods, you
should notify the Supplier in writing via email,
as soon as possible, but in any event within 14
days of the date you discovered or ought to have
discovered the damage, defect or complaint.
Graded product
As standard the warranty for graded product is
1 month unless otherwise stated in the listing.
The warranty offered on all graded products is
BACK TO BASE. If your product arrives for any
reason faulty, this must be reported within 48
hours of reciept. WizardPrice will then arrange
for a collection and replacement at our own cost.
PLease note if a fault appears with the product
after 7 days it is your responsibility to arrange
for the item to be shipped back to our warehouse
and Wizard Price will then arrange for eithier
repair or replacement.
We will strive to ensure if any fault does
arise that your issue is dealt with as fast
as possible.
- Limitation of Liability
- Subject to 9.2 below, if
you are a consumer the Supplier shall not be liable
to you for any loss or damage in circumstances
where:
- there is no breach of
a legal duty owed to you by the Supplier or
by its employees or agents;
- such loss or damage is
not a reasonably foreseeable result of any
such breach;
- any increase in loss
or damage resulting from breach by you of
any term of this contract.
- Nothing in these conditions
excludes or limits the liability of the Supplier
for death or personal injury caused by the Supplier´s
negligence or fraudulent misrepresentation.
- If you are a business customer
the Supplier shall not be liable to you for any
indirect or consequential loss or damage (whether
for loss of profit, loss of business, depletion
of goodwill or otherwise), costs, expenses or
other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection
with this agreement.
- Data Protection
The Supplier will take
all reasonable precautions to keep the details of
your order and payment secure but unless the Supplier
is negligent, the Supplier will not be liable for
unauthorised access to information supplied by you.
- Images
Product images are for illustrative
purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts. |
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