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1.1 Nationwide Franking Sense Limited (“the Company”) agrees to supply goods ("the Goods") as displayed in the Nationwide Franking Sense Limited online shop on this web site to you ("the Customer") subject to the following terms and conditions.
1.2. The Customer offers to purchase Goods displayed on this website by placing an order via this web site or by telephone in accordance with the instructions on the web site. Acceptance of orders is subject to stock availability, account status and, where a credit card has been used, payment processing. This Contract between the Company and the Customer is not completed until the Company has accepted the Customer's order by sending an email to the Customer confirming that the Customer's order of Goods is accepted and the Goods have been dispatched.
1.3 These sale conditions apply to all sales of Goods by us to businesses through our web site, and shall apply to any orders you submit through our web site. If you submit an order through our web site then you are undertaking that you are purchasing for business purposes, and not as a consumer.
1.3 The Customer shall not:
a) Disclose its login and password to others;
b) Access the website using another person's login or password details;
c) Provide false or misleading information to the Company for the purposes of purchasing Goods via this web site or applying for a credit account; or
d) Attempt to, or knowingly permit another to, do any of the above acts.
2.1 Any delivery date offered by the Company to the Customer, whether by telephone or in writing, is an estimate only and in no circumstances shall the Company be liable for any loss or damage whatsoever arising from the failure to observe such delivery date.
3. Return of Goods
3.1 Should you find that the Goods are damaged on arrival, you must contact the Company within 48 hours of receipt of the Goods and, subject to the Company’s acceptance that the Goods were damaged in transit, the Company will arrange for the Goods to be exchanged.
3.2 If the wrong Goods have been delivered, you must contact the Company within 48 hours of receipt of the Goods and the Company will arrange for the Goods to be exchanged.
3.3 All items returned for exchange must arrive at the Company’s specified return address in the original unmarked packaging and in a merchantable condition. Any custom-made or especially bought-in Goods cannot be returned or cancelled. Your statutory rights are not affected.
4. Force Majeure and Frustration
4.1 Whilst the Company will use all reasonable endeavours to fulfil its contractual obligations hereunder, it shall not be liable for any delay brought by events which are beyond the control (for any reason) of the Company including Acts of God, Governmental act, fire, flood, accident, industrial dispute, failure of internet service provider or telecommunications service provider and riot.
5.1 The Goods shall from the time of delivery by the Company, its supplier or sub-contractors to the Customer be at the sole risk of the Customer.
6.1 Unless otherwise agreed in writing, the Customer shall make payment for the Goods by credit or debit card or PayPal account using the checkout facility of the web site.
6.2 Where it has been agreed in writing that the Customer can make payment using a 30-day credit account, the Customer shall make payment for the Goods within 30 days of the date of the Company's invoice.
6.3 If payment is not made when due the Company may without prejudice to its other rights, charge interest at an annual rate of 2% above the current base rate of the Company’s bank at that time to be calculated on a day to day basis on the balance outstanding until payment is made in full, or the amount or the rate to which the Company shall be entitled under the Late Payment of Commercial Debts (Interest) Act 1998, whichever is greater.
6.3 The Customer shall not purport to set off or withhold any payments claimed or due to the Company under this or any other contract.
6.4 Unless expressly stated otherwise, all prices are exclusive of Value Added Tax
7. Title and Lien
7.1 The Company shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Customer.
7.2 If the Customer fails to make any payment to the Company when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Company has reasonable course to believe that any of these events is likely to occur, the Company shall have the right, without prejudice to any other remedies:
a) to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Customer under this or any other contract;
b) to require the Customer not to resell or part with possession of any Goods owned by the Company until the Customer has paid in full all sums owed by it to the Company under this or any other contract; and
c) to withhold delivery of any undelivered Goods and to stop any Goods in transit.
7.3 Unless the Company expressly gives notice to the Customer that it wishes to immediately terminate a contract for the reasons set out in this clause 6, any contract between it and the Customer for the supply of Goods shall remain in existence notwithstanding any exercise by the Company of its rights under this clause 6.
8. Manufacturer’s Warranty.
8.1 The Company hereby assigns to you the benefit of all warranties and guarantees provided to us by any manufacturer or supplier of the goods.
8.2. The Company warrants that Goods on delivery will be free from materials and workmanship defects in and will be as described in the contract. The Company will at its discretion refund the purchase price or repair or replace free of charge any Goods which it deems on examination to be defective provided:
a) the Customer makes a full inspection of the Goods immediately upon delivery;
b) the Customer notifies the Company within 48 hours of any defects which it discovers;
c) the Customer has used the Goods in accordance with any instructions or recommendations of the Company;
d) the Goods have not been adjusted, altered, adapted or repaired by any party other than the Company;
e) the Goods are either made available to the Company for inspection or released to the Company at the Customer's own expense, as the Customer may request.
8.3 Except as provided for in this Contract, there are no warranties, express or implied, of merchantability or of fitness for purpose, or of any other kind except as to title. In particular, all conditions and warranties which could otherwise be implied by statue or under common law are hereby excluded to the maximum extent permissible by law.
9.1 The Company shall under no circumstances be liable for any indirect, special or consequential losses (including loss of anticipated profit or third party claims), costs or damages howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if the Company has been advised of the possibility of such potential loss, except that the Company shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Company or for liability for any fraudulent misrepresentation by the Company.
9.2 The liability of the Company to the Customer for direct loss in contract, tort or otherwise arising out of or in connection with this Contract or the Customer's use of the Goods shall be limited to the amount of the sum paid under this Contract by the Customer to the Company except that the Company shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Company or for liability for any fraudulent misrepresentation by the Company.
10.1 The failure or delay of the Company to exercise or enforce any right under this Contract shall not operate as a waiver of that right or preclude the exercise or enforcement of it at any time or times thereafter.
10.2 The Customer shall not be entitled to assign this Contract nor any of its rights or obligations hereunder.
10.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract, and nothing in this Contract shall confer or purport to confer on any third party any benefit or any right to enforce any term of this Contract or operate to give any third party the right to enforce any term of this Contract.
10.4 If any provision of this Contract shall be held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be severed from this Contract and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remaining provisions of this Contract which will remain in full force and effect.
10.5 Except where specified otherwise, any notice to be given under this Contract shall be in writing and shall be delivered by hand, sent by first class post or sent by facsimile (such notice to be confirmed by letter posted within 12 hours) to the address of the other party. Any such notice or other document shall be deemed to have been served: if delivered by hand - at the time of delivery; if sent by post - upon the expiration of 48 hours after posting; and if sent by facsimile - at 9.00 am on the next business day after the facsimile was dispatched.
10.6 Data Protection and Disclosure. Before entering into this agreement we may search your records at credit reference agencies. They will add to their records about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurances related decisions about you and occasionally for fraud prevention or to trace debtors. We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
11. Governing Law
11.1 The Agreement shall be governed by and construed in accordance with the Laws of England and each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts.