Terms and Conditions for Chellie Limited T/A Uber Products
Introduction
We hope that you enjoy using our site and indeed any purchases that you may
make. In using this site, you will be protected by legislation that protects your
rights as a consumer for distance selling and indeed purchasing items via the
internet. You will firstly have to select your items and then will need to make a
payment in relation to the same.
Once the items are paid for, there is a legally binding contract between the
parties, subject to your acceptance of the goods. Your consumer rights are set
out below. You will be asked to acknowledge that you have read and understood
the same before concluding your purchase. Our website has been designed so
that you cannot purchase extra items in error and is very easy to navigate and
understand. If you have any questions or problems in using our site then please
feel free to call us.
1. DEFINITIONS
In these terms and conditions the following words shall have the following
meanings herein ascribed to them.
1.1
'The Company' shall mean Chellie Limited T/A Uber Products whose registered
office is situated at Unit B3, Basepoint Innovation Centre, 110 Butterfield, Great
Marlings, Luton, Bedfordshire, United Kingdom, LU2 8DL,
1.2
‘Buyer’ means the individual or organisation that buys or agrees to buy goods
from the Seller for the purpose of their business, trade or profession and for
private use or consumption.
1.3
'The Customer' shall mean any party with whom the Company enters into a
Contract.
1.4
‘Goods’ means the articles the Buyer agrees to buy from the Seller.
1.5
‘Seller’ means Chellie Limited T/A Uber Products.
1.6
‘Terms and Conditions’ means the terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing by the Seller.
1.7
'The Contract' shall mean the contract entered into between the Company and
the Customer of which these terms and conditions shall form part.
1.8
'Equipment' shall mean the subject matter of the Contract or (as the case may be)
any part thereof together with all packaging materials in respect thereof.
2. CONDITIONS
2.1
Nothing in these terms and conditions shall affect the Buyers statutory rights.
2.2
These terms and conditions shall apply to all contracts for sale of Goods by the
Seller to the Buyer and shall prevail over any other documentation or
communication from the buyer.
2.3
Acceptance of delivery of Goods shall be deemed as conclusive evidence of the
Buyers acceptance of these terms and conditions.
2.4
Any variation of these Terms and Conditions (including and special terms and
conditions agreed between the parties) shall be inapplicable unless agreed in
writing by the seller.
3. ORDERING
3.1
All orders for goods shall be deemed to be an offer by the buyer to purchase
goods pursuant to these terms and conditions and are subject to acceptance by
the seller. The Seller may choose not to accept an order for any reason.
3.2
Where goods ordered by the buyer are not available from stock substitute
products will given if these have been requested by the buyer at the time of
ordering.
3.3
When making an order through the Website, the technical steps the Buyer needs
to take to complete the order process are described in “The Order Process
Section”
4. PRICE AND PAYMENT
4.1
The price of the Goods shall be that stipulated on the Seller’s Website. The prices
quoted are inclusive VAT but exclude Shipping, Postage and Packing. Shipping,
Postage and Packing charges stated are for United Kingdom mainland only and
include VAT. Shipping costs to other destinations i.e. European Countries will
incur extra costs.
4.2
The total purchase price, including VAT and delivery charges if any will be
displayed in the Buyers shopping cart.
4.3
The Seller reserves the right to change the total purchase price including VAT
and delivery if products ordered (or substitutes) cannot be supplied and/or a
different postage tariff has to be applied (i.e. for heavy consignments in excess of
25kg, postings outside of the U.K. or items requiring special delivery). For further
information see the section below on delivery.
4.4
Payment for goods must be received before despatch.
4.5
The Seller accepts payment for orders by Credit/Debit Card, Cheque, Postal
Orders, and Bank Transfer. The Seller reserves the right to refuse payment by
one or more of these payment methods by the Buyer.
4.7
In respect of Credit/Debit Card Payments unless otherwise requested by the
Buyer at the time of ordering, the Buyer will be notified by phone or email of the
final order total due for payment. Authorisation, unless otherwise requested by
the Buyer at the time of ordering will be sought by the Seller from the Buyer
before Credit/Debit Card Payments are processed.
4.8
In respect of Buyers paying by Bank Transfer, payment must be made to the
Sellers Account via Alliance & Leicester Commercial Bank (Bank details can be
obtained by phone from the Seller). Cleared funds must be received by the Seller
before goods are despatched to the Buyer. Charges in respect of Bank transfers
are the responsibility of the Buyer.
4.9
In respect of Buyers paying by cheques, personal cheques must be accompanied
with a valid cheque card guarantee number and expiry date written on reverse
side of cheque. Cheques made payable to Chellie Ltd.
4.10
Buyers paying by, Credit/Debit Card that have requested notification, Bank
Transfer, Personal Cheques, or Postal Order will be advised by the Seller either
by phone or email (usually within 7 working days) of the total order amount due
including VAT and postage. If after making contact with the buyer payment or in
the case of Credit/Debit Card payments authority is not received within 10 days
the Buyers order will be cancelled without further notice.
4.11
All payments are to be made by the buyer in Pounds Sterling.
4.12
Credit card information for the purpose of making a payment can be given to the
Seller via phone, fax or through the Sellers secure website which encrypts the
information given.
4.13
Goods purchased by Credit/Debit Card will only be despatched by the Seller to
the registered address of the Credit Card Holder.
4.14
Buyers operating out side the EEC will be exempt from VAT (provided that a EEC
VAT number is provided on headed paper) at the prevailing rate providing goods
are despatched direct from the Seller to the Country concerned. Buyers operating
outside the EEC who wish to arrange their own method of delivery, are required
to produce documentary evidence which clearly indicates goods will be leaving
the UK. The Seller reserves the right to charge the Buyer a deposit equivalent to
the prevailing VAT amount, if they are not satisfied with the documentation
evidence produced. The VAT deposit will be refunded by the Seller once clear
documentary evidence of Export has
been produced. Buyers operating within the EEC will be exempt from VAT
providing their order is supported by a valid VAT number. The Seller will check
the validity of the VAT Number produced with the Customs and Excise Authority
in the UK, and will only exempt the Buyer from VAT if they are satisfied with the
information given.
4.15
Buyers operating within the EEC who wish to arrange their own method of
delivery are required to produce documentary evidence which clearly indicates
goods will be leaving the UK. The Seller reserves the right to charge the Buyer a
deposit equivalent to the prevailing VAT amount, if they are not satisfied with the
documentation evidence produced. The VAT deposit will be refunded by the
Seller once clear documentary evidence of Export has been produced.
5. RIGHTS OF SELLER
5.1
The Seller reserves the right to adjust the price and specification of any item on
the website at its discretion. The prices currently on the website and special
offers are applicable as of 1 October 2012 and will be reviewed on the first day of
each month.
5.2
The Seller reserves the right to withdraw any goods from the Website at anytime.
5.3
The Seller shall not be liable to anyone for withdrawing any goods from the
Website or for refusing to process an order.
5.4
The Seller reserves the right to substitute goods of an equal value and equal
quality. If the Buyer wishes to reject the substitute goods then they shall be free
to do so. The Seller will be responsible for the cost in returning rejected substitute
goods.
6. DELIVERY
6.1
Goods supplied within the U.K. will normally be delivered within ten working
days of acceptance of the order. The goods will always be delivered within thirty
working days unless the parties agree a different period. If, exceptionally, we
cannot make the thirty day period or any agreed period thereafter, we will refund
you all monies paid under the contract. The refund will be made as quickly as
possible and in all cases within thirty days.
6.2
Goods supplied outside of the U.K. will normally be delivered within twenty
working days of acceptance of the order. The goods will always be delivered
within thirty working days unless the parties agree a different period. If,
exceptionally, we cannot make the thirty day period or any agreed period
thereafter, we will refund you all monies paid under the contract. The refund will
be made as quickly as possible and in all cases within thirty days.
6.3
Goods will normally be despatched within one day of the order being received.
They will be sent within the U.K. by recorded delivery. If the consignment is large
then it will be forwarded by national carrier.
6.4
The Seller shall use its reasonable endeavours to meet any date agreed for
delivery. In any event time of delivery shall not be of the essence and the Seller
shall not be liable for any losses, costs, damages or expenses incurred by the
Buyer or any third party arising directly or indirectly out of any failure to meet any
estimated delivery time.
6.5
Delivery of the Goods shall be made to the Buyers address specified in the order
and the Buyer shall make all arrangements necessary to take delivery of Goods
whenever they are tendered for delivery.
6.6
In the event of goods being returned to the Seller due to non-delivery, the Buyer
will be advised. Redelivery costs will be the responsibility of the Buyer.
6.7
The Seller will not be liable for the loss of destruction of goods whilst in the
possession of the Buyer.
6.8
Due to limitations imposed by the Sellers Insurers, the Seller cannot export goods
to the following Countries:-
North America, Canada, Afghanistan, Angola, Cuba, Ethiopia, Iran, Iraq,
Lebanon, Liberia, Libya, Myanmar, Nicaragua, Nigeria, North Korea, Rwanda,
Sierra Leone, Somalia, Sudan, Syria, Uganda, Countries comprised by the former
territories of USSR and/or the Federal Republic of Yugoslavia and/or Republic of
Serbia, or any other country where local legislation decrees insurance must be
effected locally, unless specially declared and accepted by underwriters prior to
shipment. The Buyer reserves the right to add to the list of excluded Countries
without notice.
6.9
Buyers who wish to use their own Courier or Freight Forwarder for the purpose of
delivery are responsible for insuring goods whilst in transit. The Sellers liability for
loss or damage will cease at the point of despatch.
7. CANCELLATION AND RETURN POLICY
7.1
The Seller hopes that the Buyer will be happy with the products that are
purchased. If however the Buyer decides that, having placed an order, they wish
to cancel, they must notify the Seller by telephone, fax, letter or email. The right to
cancel the order runs out seven working days after the day upon which the order
is received. Saturdays, Sundays and bank holidays will not count towards this
period.
7.2
The Seller requests that the Buyer carefully examines goods ordered upon
delivery. If for any reason the goods are damaged, defective or indeed are
incorrect then please notify the Seller soon as possible by telephone, fax, letter or
email. The Seller will endeavour to resolves an issues raised as soon as possible.
7.3
If the Buyer decides to cancel an order or return goods, they will receive a full
refund, including the cost of the order and delivery. If however there is a specific
delivery request (non-standard delivery) or a request for gift wrapping the items
then the Seller reserves the right to withhold these additional costs as they will
form part of a separate contract between the Seller and the Buyer. The Buyer will
not be responsible for the costs incurred in returning rejected substitute goods or
indeed defective, faulty or damaged goods.
7.4
If the Buyer decides to return goods then they will be responsible for the costs
involved in returning the goods to the Seller. The Seller asks that the Buyer takes
reasonable care in returning the items to us in the same condition in which they
were delivered and that they are not damaged in transit. If the goods are returned
in an unsatisfactory condition then the Seller reserves the right to seek damages
for breach of duty. The Seller recommends that, if the Buyer decides to return
goods then they should consider carefully how they intend to return the items and
retain proof of postage.
8. LIABILTY
8.1
In the event of any breach of these Terms and Conditions by the Seller
the remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential loss or
damage. Notwithstanding the foregoing, nothing in these Terms and Conditions is
intended to limit the liability of the Seller for death or personal injury resulting from
their negligence.
9. WAIVER
9.1
No Waiver by the Seller (whether express or implied) in enforcing any of its rights
under this contract shall prejudice its rights to do so in the future.
10. FORCE MAJEURE
10.1
The seller shall not be liable for any delay of failure to perform any of its
obligations if the delay or failure results from events and circumstances outside
its reasonable control, including but not limited to acts of God, strikes, lock outs,
accidents, war, terrorism, fire, breakdown of plant and machinery or shortage or
unavailability of raw materials from a natural source of supply, and the Seller shall
be entitled to a reasonable extension of its obligations.
11. SEVERENCE
11.1
If any term or provision of these Terms and Conditions is held invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid illegal or unenforceable provisions eliminated.
12. CHANGES TO TERMS AND CONDITIONS
12.1
The Seller shall be entitled to alter these Terms and Conditions at any time, but
this right should not affect existing Terms and Conditions accepted by the Buyer
upon making a purchase.
13. INTERNET PROVISION
13.1
The Company does not accept liability for slow running or downtime experienced
by the Customer while connected to the Internet.
14. VAT
14.1
All prices quoted on this website are inclusive of VAT, which will be charged at
the rate applicable at the relevant tax point date.
15. PATENTS AND COPYRIGHT
15.1
Equipment may be the subject of patent rights and/or other legal protection.
16. GOVERNING LAW AND JURISDICTION
16.1
These Terms and Conditions shall be governed by and construed in accordance
with the Law of England and the parties hereby submit to the exclusive jurisdiction
of the English courts.