Terms and Conditions of Sale
THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN US FOR THE SUPPLY OF GOODS WHICH YOU HAVE ORDERED FROM US, BUT THEY DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER
TERMS AND CONDITIONS OF SALE
1. GENERAL - In these Terms and Conditions of Sale, "us" or "we" means Austins Direct, the "goods" means any item of whatsoever nature which is to be sold or supplied by us including services, and "you"or "your" means the person firm or corporate body which buys or has agreed to buy the goods. These Terms and Conditions of Sale will apply to and form part of every contract of sale entered into by us. All orders are accepted and executed on the understanding that you agree to be bound by these Terms and Conditions of Sale which will govern the contract between us to the exclusion of any other terms and conditions subject to which any such order is accepted or purported to be accepted, or any such order is made or purported to be made, by you. No contract of sale shall come into being unless and until you have accepted these Terms and Conditions of Sale either expressly or by implication. These Terms and Conditions of Sale cannot be varied except in writing signed by one of our Directors. Nothing that is said by any member of our staff should be taken as being a variation of these Terms and Conditions of Sale.
2. ORDER ACCEPTANCE - We must receive payment of the full price for the goods you order and any relevant carriage charges and VAT before your order can be accepted. Our acceptance and/or fulfilment of your order brings into existence a legally binding contract between us.
3. DESCRIPTION - The description of the goods is as set out on our website and this together with any images or illustrations shown has been made as accurate as possible so as to give an idea of the item described. Whilst we have used our best endeavours to describe and show all items accurately the descriptive and illustrative details will not form a part of any contract of sale.
4. PRICE - The price payable for the goods you order is as set out on our website. Prices on our website are shown exclusive of VAT. We reserve the right to change the prices shown at any time and we will contact you before we process your order if there are any changes which apply since you placed it.
5. DELIVERY - Orders for in-stock items are normally despatched the same day if they are received by us before 12:00 midday on a working day. Delivery is usually then made the next working day or within a maximum 2 to 3 working days after despatch, depending on order value and type. (Next day delivery does not apply at weekends or on Bank Holidays). You must ensure that someone is at the delivery location to accept and sign for the goods. Any signature given to accept delivery is binding. A delivery charge may be added to some orders depending on order type or delivery location, and details are as set out on our website. For delivery to some remote and offshore areas and for delivery outside the UK, and for delivery of some very large or bulky items there may be an additional delivery charge which we will advise you of before accepting your order. Delivery to these areas and delivery of large items may also take a day or so longer. Delivery of large and bulky items will be to the ground floor street level entrance only and delivery of these items does not include unpacking assembling or positioning. You are responsible for ensuring that items you have purchased will fit through doorways and into their final location. We will not accept responsibility if an item will not fit. Aborted delivery charges and any redelivery charges where an attempted delivery has been made and has failed will be your responsibility. Once the goods have been delivered to you, you are the owner of them and we will not be liable for them. We will not be liable for non-delivery of any goods unless you advise us within 7 days of the date when the goods would in the ordinary course of events have expected to have been received.
6. AVAILABILITY - We always try to ensure that sufficient product is available to meet all customer orders. If for any reason goods are not available when your order is placed, then your credit or debit card will not be debited until the goods are available and are despatched to you. If any item is unavailable we may cancel your order in whole or in part and refund any monies paid.
7. DELAY, DAMAGES AND SHORTAGES - We shall not be liable to you for any failure to deliver goods which you have ordered, or for any delay in doing so or for any damage or defect to goods delivered that is caused by events or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes). Large and bulky items must be inspected for damage at the time of delivery and an acceptance docket must be completed with notes of any damage. If other items are received damaged on delivery or are short-delivered we must be advised of the damages or shortages within 24 hours of the delivery taking place. No claims for damage or shortage will be entertained if advised after this time period.
8. RETURNS – Goods are not supplied on approval and will be accepted for return entirely at our discretion. However, subject to prior authorisation by our returns service provider Returns Dept and the issue of a valid returns number, you may return (at your cost) unused goods delivered to you within 7 days of the date of delivery. Returned goods must be in perfect condition and in the original packaging and with all instruction manuals etc. and must be sent with a note of the reason for return and the returns number. You will be given a refund of the price you paid (excluding carriage charges), less any applicable restocking fee. The amount due to you will be refunded provided that the goods in question are returned by you and are received back properly packaged and in the condition they were in when they were despatched to you. All returned goods are fully examined when they are received and a report is made to our customer service department before a credit is processed. To apply for a return and request a returns number, you must email Returns Dept at firstname.lastname@example.org with your order details and full contact details and a summary of the reason for the return request. Any goods returned without a returns number or not in the condition detailed above will be rejected and may be destroyed. Goods which are not stocked by us and which have been specially ordered for you will not be accepted for return unless they are defective.
9. WARRANTY - Goods are guaranteed in accordance with the manufacturers warranty or for 12 months from delivery unless otherwise specified or the item is stated to have "no commercial warranty". Warranty applies to UK mainland only. Warranty covers manufacturing defects only and excludes wear and tear and defects caused by improper use or failure to follow manufacturers instructions and proper maintenance and cleaning procedures.
10 GOVERNING LAW - The contract between us shall be governed by and interpreted in accordance with English law. English courts shall have exclusive jurisdiction to resolve any disputes between us.
11. EXCLUSIONS OF LIABILITY - We shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or other loss or damage arising out of the purchase of any goods by you from us or late or non delivery of goods. You agree and confirm that you are in a better position than we are to assess and estimate any likely damage or loss that you may incur in connection with the order of any goods from us and that we cannot therefore insure any likely damage for which we have excluded liability under this cause. Nothing in this clause shall exclude liability for death or personal injury arising from the negligence of Austins Direct or its employees or agents, or any other liability which it is prohibited from excluding at law.
DISCLAIMER REGARDING THIS WEBSITE
GENERAL. This Disclaimer is to be read in conjunction with our Terms and Conditions of Sale which are also detailed on this page. You are a "customer" under this Disclaimer and under our Terms and Conditions of Sale if you are buying goods or services from us.
CUSTOMER USE. The information contained on this website is intended to be used only by customers. We do not authorise the use of such information for any purpose other than your use as a customer, and we prohibit the resale, redistribution, and the use of this information for any commercial purpose.
ACCURACY. We use our best efforts to ensure that the information contained in this website is accurate and is not misleading. We retain the right, without obligation, to amend or delete product details or other information without notice.
EXCLUSION OF LIABILITY. We expressly exclude liability for any claims, loss, demands or damages of any kind whatsoever, with respect to the use of this website or any misleading information or omissions it may contain, including without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss of revenue, loss of data, loss of profits or otherwise. If you are a consumer your Statutory Rights are not affected in any way by this. Nothing in this clause is intended to exclude liability for death or personal injury arising from our negligence.
COPYRIGHT. All of the website design, graphics, text, and their arrangement on this website, and all other material on this website is our property or the property of our suppliers. We own the "Austins Direct" logos and trade mark. All material is copyright. Permission is granted to customers to electronically copy and to print to hard copy any part of this website, provided that it is done so for the sole purpose of placing an order with us.