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Terms & Conditions

Definition

 

‘Seller’ DEAN'S GAS LTD (Reg no. 6840585) trading as All Ariston Spares

‘Business’ specifically includes a trade or profession.

‘Consumer’ any natural person who is acting for a purpose that is outside his business.

‘Buyer’ the ‘business’ and ‘consumer’ collectively.

‘Working days’ means all days other than Saturdays, Sundays and Bank Holidays and where expressed 24 hours is the equivalent of one working day.

‘Goods’ means goods supplied to the Buyer by the Seller at the Buyers request

 

(1). General

These conditions shall come into force upon our acceptance of your order. All other terms, conditions, warranties or representations express or implied whether made before, or at the time of, or after, your order or instructions, and even if contained therein, are so far as permitted under the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977 hereby excluded.

 

(2). Prices

Prices are subject to change without notice and Goods will be invoiced at the Seller’s price ruling on the date of dispatch. Prices stated do not include VAT.

 

(3). Carriage Charges

Where applicable carriage charges will be itemised per order and subject to VAT at the ruling rate.

 

(4) Acceptance of Order

Your order will only be accepted upon our receipt of the buyer’s full remittance for the order.

 

(5). Availability

All items are offered subject to remaining unsold.

 

(6) Parts Identification

(a). It is the duty of the Buyer to order the correct part. The Seller shall deliver the part ordered and accepts no responsibility for inaccurate advice supplied by a third party to the Buyer in the identification of the part required whether through commercial recommendation or technical diagnosis.

(b). Photographic images in the product catalogue are solely for aesthetic purposes and should not be used in the identification of parts. Due to the ongoing process of product development, the appearance of some items supplied may vary from the image.

 

(7). Specification

The Goods are supplied as per manufacturer’s specifications and subject to manufacturers modification without notice.

 

(8). Delivery

(a). Any times quoted for dispatch are estimates only, not involving us in any liability for failure to dispatch within such times.

(b). Difficulties of delivery on behalf of the Seller or its suppliers either unforeseen or through no fault on the part of the Seller shall entitle the Seller to withdraw from the contract without liability. It is the duty of the Buyer to provide correct address details. The Seller will not be responsible for items wrongly delivered due to incorrect address information.

(c). Orders placed after 3pm, during the weekend or on Bank Holidays will be dispatched on the next working day (1pm for Republic of Ireland/Europe/Worldwide).

 

 

(9) Cancellation

(a). Subject to receiving notice by a durable medium e.g. e-mail, fax or writing ‘Consumers’ have a 21 day cancellation period commencing from the day after the date of receipt of Goods providing they are in a re-saleable condition (i.e. original packaging sealed and intact). The Goods must be returned within 21 days of notice. Should the Goods be returned after the 21 day cancellation period or be deemed not re-saleable due to opened packaging or signs of use, the Seller has the right to refuse a refund or impose a 20% re-stocking charge. Printed Circuit Boards (PCB's) are non-refundable. Special items which are not normally sold on the website and/or are ordered specifically for the Buyer are non-refundable. Original outward carriage is non-refundable and return postage costs are the responsibility of the Buyer. Should the Goods have to be collected by the Seller, the Seller reserves the right to charge the cost of recovery.

(b). Clearance Stock

Clearance Stock relates to items which have old part numbers, are overstock items or other special items which appear in this section.  Conditions of cancellation as above (Section 9a). For specific conditions of warranty and laibility exclusion for Clearance Stock, please see section 18 below.

After the cancellation period has expired, ‘Business’ users conditions apply (see below).

 

(c). ‘Business’ users orders accepted by the Seller may not be cancelled under any circumstances unless agreed in writing by the Seller. Any requests must be made by durable medium e.g. e-mail, fax or writing and will be subject to a 20% re-stocking charge except for Printed Circuit Boards (PCB’s) which are non-refundable. Where return is agreed it is on the proviso that the Seller receives the Goods in a re-saleable condition within 21 days of authorisation. Should the Goods have to be collected by the Seller, the Seller reserves the right to charge the cost of recovery. Original outward carriage is non-refundable and return postage costs are the responsibility of the Buyer. Any request made to return goods for a refund must be made within a maximum of 30 days of receipt of goods, after which time a refund will not be given.

 

(10) Notice of Claims etc

(a). The Goods shall be examined by the Buyer upon receipt and no claim will be entertained unless notice is received by durable medium e.g. e-mail, fax or writing within three days of delivery.

(b). In the case of damage in transit notice of damage or breakages must be advised by durable medium e.g. e-mail, fax or writing within three days of delivery. Any parcels received where exterior damage is obviously apparent must be signed for as ‘Damaged’.

(c). Unexamined signatures for receipt of the Goods do not relieve the Buyer of the responsibility to check them on arrival and the Seller shall not be liable in respect of any claim if the Buyer fails to comply with the provisions of this clause.

(d). In case of loss in transit, or delay, notice via durable medium e.g. e-mail, fax or in writing must be received within fourteen days of acknowledgement of order failing which the Goods will be deemed to have been delivered.

(e). In the case of the Buyer requesting delivery to an alternative address or to leave goods in a 'safe place' without obtaining a signature, this is done at the Buyer's risk and no liability will be accepted by the Seller for missing or damaged goods.

 

(11). Storage

Should the Buyer fail to take delivery of the Goods the Seller shall be fully entitled to arrange storage either at its own warehouse or elsewhere on the Buyers behalf and it reserves the right to recover all additional charges for storage, insurance and carriage costs from the Buyer.

 

(12). Force Majeure

The Seller shall not be under any liability whatsoever to the Buyer for non-delivery or delay in delivery indirectly caused by or resulting from an Act of God, outbreak of hostilities (whether or not war is declared), insurrection, riot, civil disturbance, Government Act of Regulation, fire, flood, explosion, accident, theft, climatic conditions, shortage of material, strike, lockout or trade dispute (whether of the Seller’s employees or of other parties) caused by or resulting from any other event or circumstances whatsoever (whether or not of the same or similar kind to those mentioned) beyond the Seller’s control or caused or resulting from the default or negligence of the Seller or any of its employees, sub-contractors, or suppliers.

 

(13). Terms of Payment

Only payment authorised by sage pay, PayPal or personal cheque will be accepted. Payment can be made by VISA, MasterCard, Maestro or American Express via our secure checkout.

 

(14). Ownership and Title

Notwithstanding delivery to the Buyer, the Seller shall be legally and beneficially entitled to the ownership of the Goods until payment of the purchase price or all debts owed by the Buyer to the Seller. Until such payment, and subject to the following provisions, the Buyer holds the goods as bailee of the Seller and owes to the Seller the normal fiduciary obligations of a bailee by way of custody in respect of the Goods. In so far as the Buyer shall, or shall purport to, offer for sale and sell the goods, it shall do so only at the best obtainable price in the ordinary course of its business as principal and not as agent for the company. The Seller shall, by reason of the said relationship of bailment between the Buyer (as bailee) and itself (as bailor), be and remain legally and beneficially entitled to the proceeds of sale and the Buyer shall pay such proceeds of sale into a separate account or, otherwise, shall ensure that all the proceeds of sale are kept by or on behalf of the buyer in a separate and identifiable form. The proceeds shall not be paid into an overdrawn bank account. Upon receipt of the proceeds of sale, the buyer shall discharge the debt due to the Seller and shall not use or deal with the proceeds of sale in any way whatsoever until such debt has been discharged.

 

(15). Insurance and Risk

The risk in the Goods sold by the Seller shall pass to the Buyer upon dispatch of the Goods. The Seller accepts no responsibility for any loss or damage to the Goods howsoever caused after the risk has passed to the Buyer and the Buyer should in its own interest insure the same.

 

(16). Indemnity

The Buyer will indemnify the Seller against all claims against the Seller by a third party arising directly or indirectly out of the contract.

 

(17). Patents etc

The Seller gives no indemnity in respect of any actual or alleged infringement of any patent registered design mark or other rights affecting goods.

 

(18). Warranties and Exclusions of Liability

(a). All statements, product information and recommendations are based upon advice we believe to be reliable but the accuracy and completeness thereof is not guaranteed.

(b). In the case of items supplied by the Seller the Seller warrants that if, under proper use, any defect is discovered within twelve months of the date of dispatch to the Buyer, and is shown to be due solely to defective materials or workmanship the Seller will at its option either repair or replace the defective Goods free of charge.  In the case of faulty Clearance Stock items, a suitable replacement will be made if available. If a replacement is not available, a credit will be issued within the twelve month warranty period. Credits are valid for a period of 12 months from issue.

Exclusion: Complete units (for example, water heaters, boilers, cylinders) are covered by the manufacturer's warranty (length of warranty can vary, please see item description for further details). Once fitted, the unit will be subject to the terms and conditions of use and warranty as specified by the manufacturer and not the Seller. Any repair or replacement of defective goods will be determined by the manufacturer.

(c). All Goods in respect of which any claim is made must be returned with proof of purchase to, and collected from, the Seller’s premises at the Buyers expense.

(d). Save and provided herein and subject to the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977 both the Seller and the manufacturer shall be under no liability in respect of any defects in the Goods or defective works or for any loss damage or injury resulting from and including consequential loss.

(e). It is the duty of the Buyer to check that the correct Goods have been received and before using the Buyer shall determine the suitability of the product and its intended use and assumes all risk and liability whatsoever in connection therewith.

 

(19). Proper Law and Jurisdiction

The law applicable to all contracts is English law and the Buyer submits to the jurisdiction of the English Courts.

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