COMM SENSE Ltd TERMS AND CONDITIONS
GENERAL PROVISION
DEFFINITIONS
1. Reference in these Terms and Conditions to “the company” means COMM SENSE LTD
trading as Comm Sense or any of its subsidiaries or associated companies dealing
on these terms and conditions; “the customer” means any party to whom the
company sells goods; “the supplier” means any party from whom the company
purchases goods; “the carrier” means any party to whom the company consigns
goods for carriage or storage; “the order” means the electronic e-Pro forma
invoice sent by the Company to the Customer making or confirming an offer by the
Company to supply goods to the Customer via the Comm Sense web site; “the Sold
Goods” means the goods described in the order; “the Consigned Goods” means the
goods consigned to the Carrier for carriage or storage; “the Sale Contract”
means the contract between the Company and the Customer for the sale of the Sold
Goods; and “the Carriage Contract” means the contract between the Company and
the Carrier for the carriage or storage of the Consigned Goods.
SALE TERMS
2. These Terms and Conditions shall override any other terms and conditions
stipulated or referred to by the Customer or the Supplier or the Carrier, and
any course of dealing established between parties, the signing or receipt by the
Company of any other terms and conditions or other documents shall not imply or
effect any modification of these Terms and Conditions.
VARIATION
3. No variation of these Terms and Conditions shall be effective unless made in
writing signed by or on behalf of the Company.
LAW AND JURISDICTION
4. These Terms and Conditions and the Sale Contract and the Purchase Contract
shall be governed by and construed in accordance with English law, and any
dispute arising under or in connection with these Terms and Conditions and/or
the Sale Contract and/or the Purchase Contract shall be referred to the
non-exclusive jurisdiction of the English High Court of Justice.
EXCLUSION OF LIABILITY
5. Except as expressly otherwise provided in these Terms and Conditions, the
Company shall be under no liability as regards the Sold Goods:
5.1. In respect of the quality, condition or description of the Sold Goods or
their fitness for any particular purpose; or
5.2. For any loss or damage (whether direct or consequential) howsoever caused
to the Customer or to any other person; or
5.3. For death or personal injury (caused otherwise than by the negligence of
the Company) to the employees or agents of the Customer or to any other person.
5.4. Any term, condition, representation or warranty contrary to this Clause 5,
whether express or implied by Statute, Common Law or otherwise is hereby
excluded.
5.5. Clauses 5.1 and 5.2 above shall apply save that if any Act of Parliament or
other statutory provision for the time being in force shall avoid or make
unenforceable any of their provisions, they shall be deemed to apply with the
exclusion of the provisions thus made void or unenforceable.
5.6. Where the Customer is or deals as a consumer, nothing in this Clause or
elsewhere in these Terms and Conditions shall affect his or her statutory
rights.
FORMATION OF SALE CONTRACT
6. 0 Comm Sense will treat each order for goods as an offer by you to purchase
the goods subject to these Conditions. You are deemed to accept the Conditions
when you place an order for goods with us through the Comm Sense web site. Our
contract with you only begins when we confirm acceptance of your offer to
purchase goods from us. An order will not take place (and we will not be deemed
to have accepted your order) until we have validated and confirmed your payment.
Any communication, which you receive from us prior to validation, is not to be
deemed as an acceptance of your order. In the event of any pricing error
occurring within our website, within a written or verbal quotation, or contained
within any fax or e-mail correspondence however received, all incomplete orders
shall be deemed void.
6.1. Comm Sense accept most major credit and debit cards and PayPal, but not
Amex and Diners.
6.2. To ensure that your credit, debit or charge card is not being used without
your consent, we will validate name, address and other personal information
supplied by you during the order process against appropriate third party
databases. By accepting these terms and conditions you consent to such checks
being made. In performing these checks personal information provided by you may
be disclosed to a registered Credit Reference Agency, which may keep a record of
that information. This is done only to confirm your identity, that a credit
check is not performed and that your credit rating will be unaffected. All
information provided by you will be treated securely and strictly in accordance
with the Data Protection Act 1998.
6.3. Alternatively official orders are available upon request from our sales
team +44 (0) 1992 828 808 or e-mailed to
sales@Commsense.co.uk.
6.4. Many of the goods we sell are of a technical nature and we endeavour to
publish as much information as is practical about the goods, the on the website.
All drawings, photographs, descriptive matter, colour, specifications and
advertising on our website are for the sole purpose of giving an approximate
idea of the goods. They will not form part of the contract between us.
6.5. Title of the goods shall remain with Comm Sense Ltd at all times, and will
not pass to you until we have received cleared funds for the full amount owed.
6.6. Goods purchased via Purchaser Order, Finance, or Lease, be it directly or
indirectly will remain the property of Comm Sense Ltd at all times, irrespective
of your agreement with any third party. You shall not have the right to receive
title, nor shall title pass to you, until we have received cleared funds for the
full amount owed by you, or by any third party acting on your behalf.
6.7. Your order for goods is subject to stock availability. If we do not supply
goods to you for any reason we will inform you of the situation and will not
charge you for those goods, and will refund any money already paid by you for
these goods. We are not liable for any financial loss incurred by you relating
to interest payments, or loss of earnings, or similar gains you would have
received on monies paid to us in lieu of any unfulfilled order.
6.8. All prices quoted or displayed are in UK pounds sterling and shall be the
price, exclusive of VAT & delivery, set out on the website at the time your
order is placed. A delivery charge will be made and clearly shown in the orders
section of the shopping cart before any online order can be placed, or as
displayed on our website ordering, or as quoted by phone. We are entitled to
make adjustments to the price to take account of any increase in, or the
imposition of any new taxes or duties. If due to an error or omission the price
published for the goods on our website is wrong we have the right to terminate
an order provided the goods have not been dispatched. We will try to ensure that
all prices displayed on our website are accurate, but should an error occur we
would inform you of the correct price and give you an opportunity to cancel the
order, pricing may fluctuate daily, we can only honour that price on the day of
purchase.
6.9. Payment for goods must be made in accordance with our purchase procedures
as set out on our website. All orders are positively credit card sanctioned
prior to dispatch. We can accept no responsibility if any details you provide us
with that are incorrect or if any order is held up as a result of incorrect or
unsubstantiated details.
6.10. Any clerical error or omission in any sales literature, quotation, pricing
on the website, acceptance of offer, invoice or other document or information
issued by the company shall be subject to correction without any liability on
the part of Comm Sense Ltd.
6.11. We shall not be liable to you for any loss whatsoever relating to password
or user name access to your account. It is your responsibility to protect your
own password and or user name that has been forwarded to the e-mail address you
have provided. Unless informed by you in writing as to the opposite we will
consider any e-mail address given by you is indeed your own personal account and
is secure. We take no responsibility for any third party abuse of your e-mail
account.
6.12. Representation by the Company: In entering into a contract with the
Company, the Customer acknowledges that the contract has not been induced by,
and the Customer does not rely on, any representation, recommendation or advice
made by or on behalf of the Company unless such representation has been
confirmed in writing by the Company.
DELIVERY
7. 0 Where under the Sale Contract the Company agrees to deliver the Sold Goods
to the Customer’s premises or other address nominated by the Customer;
7.1. The Company will arrange for the Sold Goods to be carried to the delivery
address stated in by the customer by such means of transport as the Company
shall elect. The price of the Sold Goods will not include the normal cost of
such carriage, save that the Company will levy a delivery charge in accordance
with its standard tariff or as otherwise agreed with the Customer, and an
additional charge where the Customer requests urgent delivery. The Customer will
reimburse any extraordinary costs of carriage caused by circumstances beyond the
control of the Company to the Company.
7.2. Delivery will be effected and risk in the Sold Goods will pass to the
Customer as the Sold Goods are unloaded from the means of transport arranged by
the Company at the delivery address stated by the customer.
7.3. Sold Goods delivered in a damaged condition must be signed for as such by
the Customer upon receipt from the Carrier.
7.4. Cooperation of the Customer: Should the Customer fail to give full
instructions or fail to take delivery or to arrange a means of transport or fail
to collect the Sold Goods, or fail to provide as and when necessary such
documentation, information or other assistance as the Company may require in
order to enable it to effect delivery of the Sold Goods, the Company may at its
option (and without prejudice to any of its other rights) store the Sold Goods
at the expense of the Customer pending collection by the Customer, or terminate
the Sale Contract and dispose of the Sold Goods as it sees fit, with the Company
being under no liability to the Customer and the Customer being liable for all
losses and expenses caused to the Company.
7.5. Delivery Charges. All our carriage charges are displayed in the shopping
basket, or on the page called ordering, or via our sales team and are based on
UK mainland only. Non-UK mainland will incur a surcharge please contact our
sales team for a quotation.
7.6. Time for Delivery of the Sold Goods: Any date or time quoted by the Company
for delivery of the Sold Goods is an estimate only, and time for delivery shall
not be of the essence of the Sale Contract. The Company will be under no
liability to the Customer for failure to meet such estimate, and the Customer
will not be entitled to refuse to accept the sold Goods by reason of such
failure, unless the failure has been caused by the fault or negligence of the
Company and the goods are delivered to the Customer more than 21 days after the
date or time quotes.
7.7. Inspection by the Customer: The Customer will inspect the Sold Goods as
soon as practicable after delivery, and any Sold Goods delivered damaged will be
retained by the Customer for inspection by the Company.
7.8. Notice of Damage, Shortage or Non-Delivery: The Customer will advise the
Company in writing of any non-delivery of part or all of the Sold Goods, or of
any damage to the Sold Goods as delivered, within 2 days of delivery (or of the
date on which the Sold Goods should have been delivered), and Clause 19 will
apply. If no such notice is given, or if the Sold Goods delivered damaged are
not retained for inspection by the Company or (where the Company has arranged
carriage) are not signed for as damaged by the Customer on receipt from the
Carrier, the Sold Goods will be conclusively presumed to have been delivered
without damage or shortage, and any claim which the Customer might otherwise
have had against the Company shall be deemed to have been waived.
DEFECTIVE OR NON PERFORMING GOODS
8. If following delivery and inspection the Customer believes that the Sold
Goods are not in accordance with the Sale Contract or are defective in materials
or workmanship, (subject to Clause 16) the Customer will give notice to that
effect to the Company within 7 days of delivery and retain the defective or
non-conforming Sold Goods for inspection by the Company, and Clause 19 will
apply. If the Customer does not give such notice, the Sold Goods will be
conclusively presumed to be in all respects in accordance with the Sale Contract
and free from any defect, which would be apparent on reasonable examination, and
the Customer will be deemed to have accepted the Sold Goods accordingly. Save in
the circumstances referred to in Clause 18, Sold Goods accepted by the Customer
cannot subsequently be returned and any claim, which the Customer might
otherwise have had will be deemed to have been waived.
GUARENTEE
9. Guarantee: If any defect in the materials from which the Sold Goods are made
or fault in manufacture of the Sold Goods is found to exist and is reported to
the Company in writing within 12 months of delivery (or within such shorter
warranty period as may be stated in the order), the defective Sold Goods will be
retained by the Customer (or the Customer will arrange access to the defective
Sold Goods in the hands of a third party) for inspection, and Clause 19 will
apply. This guarantee will cease to have effect if the Sold Goods have been used
improperly or for any purpose other than those for which they are intended or
otherwise than in accordance with the Company’s instructions (if any), or have
been stored in improper conditions
CUSTOMER RIGHTS
10. Where following inspection the Company is reasonably satisfied that:
10.1. The Sold Goods notified by the Customer pursuant to Clause 8 are defective
or not in accordance with the Sale Contract; or
10.2. The Sold Goods notified by the Customer pursuant to Clause 9 are subject
to defects in materials or manufacture; the Company will at its sole option
repair the damaged Sold Goods; or replace the damaged or missing Sold Goods (or
parts) free of charge; or refund the purchase price, against return of the
damaged Sold Goods (or parts) in the condition and packing in which they were
delivered to the Customer, and the Customer’s sole remedy against the Company
shall be limited to such repair, replacement or refund.
CANCELLATION
11. The Company may in its absolute discretion at any time permit the
cancellation of the Sale Contract by the Customer provided that the price of the
Sold Goods already delivered to the Customer will be paid to the Company
immediately in full.
INSOLVENCY
12. Notwithstanding the terms of any other agreement as to the terms of payment,
the full invoice price of the Sold Goods shall immediately become due and
payable, and the Company may immediately terminate the Sale Contract (without
prejudice to any of its other rights) if the Customer commits any act of
bankruptcy, or if a Petition of Bankruptcy is presented against the Customer, or
if the Customer enters into negotiations for an arrangement or composition with
its creditors, or if a Petition is presented for an administration order against
the Customer, or if a Petition is presented or a resolution is proposed to wind
up the Customer, or if a receiver is appointed over any of the Customer’s
assets, or if any distress or execution is levied against the Customer. Upon
such termination the Company shall have the rights of repossession and resale of
the Sold Goods.
FORCE MAJEURE
13. Force Majeure: If the Company is prevented, hindered or delayed (directly or
indirectly) from delivering the Sold Goods or any part of them or from otherwise
performing the Sale Contract or any part of it by reason of act of God, war,
embargo, riot, strike, lockout, trade dispute, fire, flood, breakdown,
government action, interruption of transport, delay in or cessation of delivery
to the Company of any goods or materials, or any cause whatsoever outside the
Company’s control (not restricted to causes of like nature to those specified in
this Clause), the Company will be entitled to cancel the Sale Contract.