Terms

BACKGROUND

The Seller shall sell and the Customer shall purchase the Goods in accordance with any Order completed by the Customer which is accepted by the Seller.

 

These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such Order is made or purported to be made by the Customer.

  1. 1. Definitions and Interpretation
    1. 1.1 In these Terms and Conditions the following terms shall have the following meanings:
    2. “Calendar Day”means any day of the year;
    3. “Cancellation Form”means the form attached to these Terms and Conditions as Schedule 1;
    4. “Cancellation Notice”means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer;
    5. “Carrier”means the carrier chosen by the Seller to be responsible for the shipment and delivery of the Goods;
    6. “Consumable Goods”means any goods which will, by their nature, be reduced in quantity or substance by use;
    7. “Contract”means the contract for the purchase and sale of the Goods under these Terms and Conditions;
    8. “Customer”means the individual purchasing the Goods from the Seller who shall be identified in the Order;
    9. “Goods”means the goods which the Seller is to supply in accordance with these Terms and Conditions;
    10. “Order”means the customer’s completed order for the purchase and delivery of Goods;
    11. “Payment Information”means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;
    12. “Sales Literature”means any and all brochures, catalogues, leaflets, price lists and other documents providing details of Goods available and pricing information for those goods; and
    13. “Seller”means, Screen Wizzard Ltd a company registered in England and Wales under 7676330 whose registered office is at 73 Brackley Road, Bedford, MK42 9SL.
    14. 1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
      1. 1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
      2. 1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
      3. 1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;
      4. 1.2.4 a Schedule is a schedule to these Terms and Conditions; and
      5. 1.2.5 a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
    15. 1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
    16. 1.4 Words imparting the singular number shall include the plural and vice versa.
    17. 1.5 References to any gender shall include the other gender.
  2. 2. Basis of Sale
    1. 2.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. The Customer acknowledges that by entering into the Contract, they do not rely upon, and waive any claim for breach of, any such representations that are not so confirmed.
    2. 2.2 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute contractual offers to sell the Goods which are capable of acceptance.
    3. 2.3 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
  3. 3. Orders and Specifications
    1. 3.1 The specification for the Goods shall be those set out in the Seller’s Sales Literature unless varied expressly in the Customer’s order (if accepted by the Seller).
    2. 3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
    3. 3.3 The Seller shall use its best and reasonable endeavours to meet the Customer’s Order in full in a single delivery. In the event that stock levels do not permit such delivery, orders may be dispatched in separate shipments [at the Seller’s discretion] OR [at the Customer’s request].
    4. 3.4 No Order which has been accepted by the Seller may be cancelled by the Customer except in accordance with the procedure set out in Clause 7 below.
  4. 4. Price
    1. 4.1 The price of the Goods shall be that shown in Sales Literature issued by the Seller current at the date of acceptance of the Customer’s order or at such other price as may be agreed in writing by the Seller and the Customer.
    2. 4.2 Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s Sales Literature the price quoted shall be valid for 7 Calendar Days only.
    3. 4.3 Once an Order has been placed by the Customer and confirmed by the Seller, the Seller shall not alter the price of the Goods chargeable to the Customer which form part of that order except in the following circumstances:
      1. 4.3.1 Where the price of Goods shown in Sales Literature, price lists or other documents is higher than the correct price, the Customer will be charged the lower, correct price; and
      2. 4.3.2 Where the price of Goods shown in sales literature, price lists or other documents is lower than the correct price, the order or the relevant part of the order will be cancelled by the Seller and the Customer shall be informed in writing of the cancellation and the reason for that cancellation.
    4. 4.4 Unless otherwise stated in Sales Literature, prices shown for Goods do not include delivery charges.
    5. 4.5 Unless otherwise stated in Sales Literature, VAT will not be added to product prices.
  5. 5. Payment
    1. 5.1 Subject to any other terms agreed in writing between the Customer and the Seller, the Customer shall be required to provide Payment Information when completing the order form. Payment shall be processed by the Seller as part of the order process.
    2. 5.2 No goods will be despatched until payment is received in full along with any postage and packaging costs.
  6. 6. Delivery
    1. 6.1 Delivery of the Goods shall be made by the Seller delivering the Goods via the Carrier, to the location specified by the Customer in their order and / or the Seller’s acceptance, or if no place of delivery is specified, by the Customer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Customer that the Goods are ready for collection.
    2. 6.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed in writing. The Goods may be delivered by the Carrier in advance of the Delivery Date upon giving reasonable notice to the Customer.
    3. 6.3 Where a multi-part delivery is required, as set out in sub-Clause 3.4 above, each constituent part of the full order shall be counted as a part of the same delivery and the delivery charges to the Customer shall reflect this.
    4. 6.4 Upon the first attempt to deliver the Goods, the Carrier will attempt to leave the Goods in a suitable and safe place or with a neighbour in the event that the Customer or their authorised representative is not available to receive the delivery. Where a signature is required on receipt of the Goods, this may be sought from a neighbour if the Customer is not available where this is permitted by the terms of the delivery method chosen.
    5. 6.5 If delivery in accordance with sub-Clause 6.4 is not possible, the Goods will be returned to the Seller whereupon the Seller will attempt to contact the Customer to make alternative delivery arrangements.
    6. 6.6 If, following the actions detailed in sub-Clauses 6.4 and 6.5, delivery is still not possible within 7 Calendar Days of the date of the first attempted delivery, the Goods shall be returned to the Seller and the Customer shall be refunded all relevant monies less the agreed costs of delivery, subject to sub-Clause 6.7 below.
    7. 6.7 The cost of delivery shall not be deducted from any refund issued where a failure to deliver was the fault of the Seller.
    8. 6.8 Any defects, or claims must be made within 24 hours of delivery. All items sent out are subject to being filmed to stop any false claims of shortages.
  7. 7. Notice of the Right to Cancel
    1. 7.1 The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008.
    2. 7.2 The Seller is Screen Wizzard Ltd
    3. 7.3 For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is: Cancellation of order.
    4. 7.4 The Customer has the right to cancel the Contract within 7 Calendar Days of receipt of this notice (the “Cancellation Period”).
    5. 7.5 The Customer may be required to pay for Consumable Goods delivered and subsequently consumed if such delivery has taken place with the Customer’s written agreement prior to the end of the Cancellation Period.
    6. 7.6 In the event that the Customer chooses to exercise their right to cancel within the Cancellation Period, the Customer must request an electronic version of the Cancellation Form from the Seller at the email address provided in sub-Clause 7.7.2 below or by contacting the supplier by phone to request an electronic version of the Cancellation Form be sent by email to the Customer’s email address.
    7. 7.7 Cancellation Notices must be sent to the Seller at the following addresses:
      1. 7.7.1 A Cancellation Notice sent by post or delivered by hand must be sent to: Screen Wizzard Ltd, Returns Department, 73 Brackley Road, Bedford. MK42 9SL (this address is strictly for returns only) and
      2. 7.7.2 A Cancellation Notice sent by email must be sent to:info@www.screenwizzard.co.uk
    8. 7.8 Cancellation Notices shall be deemed served upon the Seller:
      1. 7.8.1 In the case of a Cancellation Notice sent by post, at the time of posting; and
      2. 7.8.2 In the case of a Cancellation Notice sent electronically, on the day it is sent.
    9. 7.9 Use of the Cancellation Form is optional; however all Cancellation Notices, in whatever format, must be in writing and must contain all information included in Schedule 1.
  8. 8. Returning Goods after the Cancellation Period
    1. 8.1 Following the end of the Cancellation Period set out in Clause 7, the Customer shall have a period of 7 Calendar Days beginning on the day that the Goods are received by the Customer within which Goods can be returned to the Seller for any reasons, provided the provisions of Clause 9 are followed.
  9. 9. Returns and Refunds
    1. 9.1 If the Customer chooses to exercise the Right to Cancel in accordance with Clause 7 above, any Goods received by the Customer must be returned to the Seller in accordance with this Clause.
    2. 9.2 The Seller shall have the right to payment for any Consumable Goods received by the Customer prior to the end of the Cancellation Period which were delivered with the Customer’s written agreement and have already been consumed at the time of cancellation.
    3. 9.3 In the event that Consumable Goods are delivered prior to the end of the Cancellation Period without the Customer’s written consent, the Seller shall not be entitled to any monies constituting the value of any Consumable Goods that have been consumed in the event of cancellation.
    4. 9.4 The Customer must comply with the following when returning Goods:
      1. 9.4.1 The Customer must inform the Seller of their exercise of the Right to cancel within the period required by Clause 7.
      2. 9.4.2 All Goods must be returned in their original condition, not used, and any cost in returning of our products will be borne by the customer unless products are agreed by the Seller to be faulty.
      3. 9.4.3 The Customer is obliged to deliver the Goods to the Seller and any costs associated with such delivery shall be borne by the customer.
      4. 9.4.4 Any Consumable Goods which have been used in part or in full cannot be returned. To the extent that such goods have been used, no refund shall be given.
    5. 9.5 Following the receipt of the Goods by the Seller, in accordance with this Clause, all relevant monies paid by the Customer shall be refunded within 7 working days.
    6. 9.6 Under the distance selling regulations a cooling off period of seven working days in which the consumer can withdraw from the contract.
    7. 9.7 Any goods received must be inspected within 24 hours of delivery and any fault reported to Screen Wizzard immediately, either by email or by phone.
    8. All cost of any returns to be paid by the customer.
  10. 10. Notices
    1. 10.1 All notices under these Terms and Conditions shall be in writing.
    2. 10.2 Subject to the provisions of Clause 7, above, notices shall be deemed to have been duly given:
      1. 10.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient (where applicable); or
      2. 10.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
      3. 10.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
      4. 10.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
      5. in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
  11. 11. Guarantee
    1. The Seller guarantees all Goods against faulty workmanship and manufacturing defects for 12 months under the conditions of normal use for LED screens and LED strip lighting or for 3 months for all other accessories. Liquid chalk pens come with 30 day guarantee from the date of delivery. Please refer to warranty cards supplied with products for futher details.
  12. 12. Assignment
    1. 12.1 The Seller may assign the Contract or any part of it to any other party.
    2. 12.2 The Customer may not assign the Contract or any part of it to any other party without the prior written consent of the Seller.
  13. 13. Force Majeure
    1. Neither the Seller nor the Customer shall be liable for any failure or delay in performing their obligations under the Contract or arising out of these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
  14. 14. Severance
    1. In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
  15. 15. Law and Jurisdiction
    1. 15.1 This Agreement shall be governed by the laws of England and Wales.
    2. 15.2 Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.

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