Terms and Conditions of Sale
1. THE PARTIES
The “Seller”: Shaker2go
The “Buyer”: the person purchasing any goods from the Seller.
2. THE BARGAIN
The Seller shall sell and the Buyer buy the goods upon and subject to the express terms set out within these Conditions.
3. PREVAILING CONDITIONS
a) All orders are accepted only upon these Conditions which shall, override any terms or conditions howsoever incorporated or referred to by the Buyer.
b) No alteration or addition to these Conditions shall be incorporated into this Agreement unless expressly accepted by an authorised representative of the Seller in writing.
c) These Conditions constitute all the terms of the Agreement between the parties and no other terms or conditions shall apply whether oral or in any separate order, confirmation or otherwise and any statutory or other condition is hereby excluded.
d) All quotations and tenders are subject to withdrawal or amendment at any time prior to the Seller’s acceptance of the Buyer’s order.
e) The Seller shall not be bound by any clerical or arithmetical errors in any price list invoice statement quotation or other documentation whatsoever.
a) The time of delivery shall not be of the essence of the contract and failure by the Seller to make delivery on any particular date shall not entitle the Buyer to terminate this Agreement or refuse the delivery or to claim for any expenses, loss of profits or other consequential losses whatsoever.
b) Delivery cost is show under the section 'Delivery Information' and are subject to fluctuation in line with the costs incurred by the Seller, except for bespoke orders where price of delivery will be at Seller’s discretion, communicated clearly to Buyer, to any one address in the United Kingdom.
c) The Seller reserves the right to charge for replacement items due to any damage to items not checked at time of delivery, or as a result of damaged items not being checked prior to acceptance of delivery, and any insurance could therefore become invalid and any subsequent claims may not be successfully raised. In addition, all claims must be made within 21 days from dispatch date.
d) The delivery address must be stated on the Buyer’s official purchase order, any changes to the stated delivery address must be made in writing to the Seller not less than 7 working days before the estimated delivery date.
e) The Buyer shall advise the Seller at the time of placing an official purchase order of any restrictions denying the Seller reasonable access to the stated delivery address.
f) If a product is unavailable it may be substituted by another of equal/better quality at the same price.
g) Home deliveries: if the addressee is not available to receive the goods on the first call, subsequent deliveries will be chargeable.
a) All goods are sold at prices ruling at the date of despatch and may vary at the Seller’s discretion from those originally quoted or shown in the Seller’s current price list, online store, or any brochure or advertising material.
b) The Buyer shall in addition to the total price be liable to pay any Value Added Tax which may be payable and imposed on the goods.
a) The Buyer shall make payment in full for the goods at date of invoice, or time of checkout. Failure to do so will result in order being held in a queue.
b) If the Buyer shall fail to make payment on or before the due date, then the Seller reserves the right to charge interest in addition to the price of the goods (and without prejudice to any other right of the Seller). Interest shall accrue on the amount outstanding at 5% above Lloyds TSB PLC base rate. Such interest to be compounded from month to month.
7. RETURNS/INVOICE QUERIES
All items sold are made to order, therefore it is imperative that all items are checked by the Buyer prior to placing order. No items are returnable unless damaged by courier, with photographic evidence supplied to Shaker2go, and confirmation from the delivery driver of said damages. In addition, all said damage must be reported to the Seller within 21 days of dispatch date. Failure to do so within the allotted time window will leave the delivery uninsured and replacement items will become chargeable.(See 4.c. / 7.b.I )
i) All goods must be returned in condition received.
Returned goods must be in resealed original/suitable packaging.
ii)Any damage to returned items deemed as malicious, or vandalism, or not consistent with photographs or delivery driver evidence will not be refunded or accepted.
iii)If goods are found to be faulty please notify us within 2 working days of delivery, with photographic evidence and detailed description, to which we will assess and arrange credit or replace once received and cleared back at workshop. This clause is subject to assessment where faults will be compared against logs of existing known possible faults. If deemed consistent with misuse or mistreatment or mishandling, items will be non-returnable.
After 2 working days this clause will cease and items will become non-returnable.
No claims regarding alleged defects to goods shall be considered by the seller unless:
a) In the case of damage or loss in transit or shortage the buyer notifies the seller’s local office within 24 hours of delivery. Upon delivery, Buyer must check goods for damage, if signed for without checking, insurance will be invalid and the Buyer shall be deemed to have accepted the goods as delivered. Goods therefore will be non-returnable subject to the above. Any claims that do arise from transit damage must be communicated immediately and at the lates within 21 days of dispatch date.
b) in other cases:
I) The goods concerned are inspected by the Buyer and the Buyer advises the Seller’s local sales office of the alleged defects within 2 working days of delivery.
II) If the Buyer shall fail to give such notice the goods shall be deemed to be in accordance with the Agreement and the Buyer shall be bound to accept delivery and make payment accordingly.
III) Any invoice discrepancies must be advised in writing by the Buyer to the Seller within 2 working days from date of invoice.
c) Subject to Clauses above, no claim for expenditure upon any such goods, loss of orders, loss of profits or for any other consequential loss or damage whatsoever will be accepted by the Seller and any liability in this respect is expressly excluded.
8. THE GOODS
The goods which the Seller offers to supply are designed for the purposes described in the Seller’s trade literature and are subject to any limitations contained therein. No warranty is given that the goods are fit for any other purpose unless the Buyer specifies in writing details of that purpose and the Seller expressly warrants that the goods are fit for that purpose to the Buyer in writing.
9. INTERVENING EVENTS
The Seller shall not be liable for any breach of this Agreement caused by the Seller’s inability to produce materials or articles required for the performance of the Agreement or caused directly or indirectly by anything outside the Seller’s reasonable control including without limitation to the generality of the foregoing, war, hostilities, government action, breakdown, delay in transportation, any form of labour dispute, fire, flood or act of God.
10. THE BUYER’S POSITION
a) The Buyer shall not be entitled to withhold payment of any amount allegedly payable by the
Seller because of any disputive claim by the Buyer against the Seller nor shall the Buyer be entitled to set off against any amount payable any monies which are not presently payable by the Seller or for which the Seller disputes liability.
b) The Seller shall be entitled (without prejudice to its other rights against the Buyer) by notice in writing to the Buyer to rescind any agreement between the Seller and the Buyer or to suspend delivery should the Buyer (in the case of an individual) enter into any agreement with or for the benefit of its creditors or have a Receiving Order in Bankruptcy made against him or (if a body corporate) go into liquidation either voluntary or compulsory or under supervision or suffer a Receiver to be appointed or judgment to be levied or be in breach of the terms and conditions of this Agreement.
c) The Buyer shall be entitled to cancel or amend an official purchase order within 48hrs of the date of the order at no cost to the Buyer. The Seller shall be entitled to charge a cancellation fee equivalent to 80% of the value of an order (excluding VAT (where applicable)) if the Buyer cancels an order after 48hrs from the date of the order.
d) Where the Buyer has placed an official purchase order for bespoke items, the Buyer shall be bound to accept delivery and make payment accordingly subject to Clause 7 and excluding Clause 10c.
11. PASSING OF RISK AND RETENTION OF TITLE
a) Risk in the goods shall pass to the Buyer upon delivery.
b) Notwithstanding the above condition the property in the goods shall remain with the Seller until full payment of all monies owed to it by the Buyer for the order governed by these Conditions shall have been received or until prior resale.
c) Until such payment as aforesaid has been made the Buyer shall not remove the goods or allow them to be removed from the address to which they are delivered and shall keep the goods in good condition and shall not allow them to become the subject of any charge or lien whether by operation of law or otherwise.
d) If the Buyer shall permit any judgment to be taken or levied against it or (being a corporation) go into liquidation or have a receiver approved or (being a partnership or individual) enter into any agreement with or for the benefit of its creditors or have a receiving order in bankruptcy made against it or upon any breach by the Buyer of any of its creditors or have a receiving order in bankruptcy made against it or upon any breach by the Buyer of any of its obligations under this Agreement the Seller may (without prejudice to any of its other rights and remedies) by notice in writing (and shall be deemed to do so at the request of the Buyer) enter into any land or building to recover the goods and to take all necessary steps to enable the Seller to recover and dispose of the goods.
12. SELLER’S LIABILITIES
a) The Seller does not seek to exclude the following liabilities:
I) for negligence causing death or personal injury.
II) under third party agreements.
b) The Seller shall not be liable for any indirect or consequential loss or damage including without limitation to the foregoing) economic loss, loss of profits, business, operating time or use or any other form of loss or damage of whatsoever nature and howsoever arising.
c) The implied conditions set out in the Sales of Goods Act 1979 and the Supply of Goods and Services Act 1982 shall be expressly excluded. Save as provided in these Conditions each and every liability of the Seller is excluded.
d) Subject to Clause 12 (e) The Buyer shall be entitled to cancel or amend an official purchase order within 48hrs of the date of the order at no cost to the Buyer. The Seller shall be entitled to charge a cancellation fee equivalent to 80% of the value of an order (excluding VAT(where applicable)) if the Buyer cancels an order after 48hrs from the date of the order.
e) Where the Buyer has placed an official purchase order for bespoke items, the Buyer shall be bound to accept delivery and make payment accordingly subject to Clause 7 and excluding Clause 10c.
13. INVALIDITY OF PART
The invalidity or unenforceability for any reason of any part of this Contract shall not prejudice or affect the validity or enforceability of the remainder.
The headings contained in these Conditions do not form part of them and such headings shall be ignored in construing each of the conditions herein contained.
15. BESPOKE GOODS
If the Buyer wishes to purchase bespoke goods, the Buyer will be required to enter into a separate agreement in respect of such goods which may vary or augment these Conditions (failing which these Conditions shall continue to apply in their entirety).
Any notice consent or the like required to be given under these Conditions shall be in writing and sent by registered post to the address of the other party as herein set out or at such changed address as shall for that purpose be notified to the other and every such notice consent or the like shall be deemed to have been given three days after transmission at the address to which it was sent.
This Contract shall be construed according to and be governed by the Laws of England and any dispute shall be referred to the High Court of Justice in England.
With regards to wood finish the description denotes the type and does not refer to solid timbers, it may include primed and top coated finishes. Sizes shown are based on common sizes available, bespoke sizes are separately communicated from the Buyer to the Seller via email.
Informal quotes are for price indication only, and details within are not indicative of final product.
Only headed/official invoices state the intended product to be supplied within the description of each item. Any errors in said description must be communicated prior to payment, so as to indicate the error prior to commencement of manufacture. Descriptions will state product style/type and any sizes or finish relative to the order request. Once an invoice is paid, or a quote is accepted and resulting invoice is paid, and no errors are communicated prior to payment, products relating to the invoice will be produced based on the spec stated in said invoice. Payment of invoice is viewed as an acceptance of information being correct and customer satisfaction that the details supplied within said invoice fit the products that the client requires.
19. Every care has been taken to ensure that specifications of products or information within the site and descriptions relating are correct at the time of going to press, but we reserve the right to amend such details without notice.
20. To ensure you receive the best service available some calls may be monitored or recorded for training purposes. All emails will be saved for future reference or training purposes.
21.Storage of Products - All products must be stored in a completely flat position on the floor or other suitable flat surface, out of packaging and in safe and dry location.
22.BUYER RESPONSIBILITY UPON DELIVERY All items need to be signed for, if another party is designated in your absence, responsibility for checking delivered goods will be transferred to the person signing, but Buyer retains full liability. If Buyer is not available for delivery and has not notified the office within 48 hours of delivery, a second delivery may be charged for Upon delivery, it is the responsibility of the Buyer to check all items in consignment for any damage during transit. If Buyer chooses to accept the delivery unseen, and signs, then the goods shall be deemed to be satisfactory and any subsequent claim shall be deemed null and void Deliveries signed for but un-checked, will be regarded as accepted in good condition and will be non-returnable. Buyer retains full liability for any cost incurred to either party should any damage, or issues be subsequently discovered. Seller accepts no liability for un-checked orders. (Please refer to clause 7.)
22.BUYER RESPONSIBILITY UPON DELIVERY
All items need to be signed for, if another party is designated in your absence, responsibility for checking delivered goods will be transferred to the person signing, but Buyer retains full liability.
If Buyer is not available for delivery and has not notified the office within 48 hours of delivery, a second delivery may be charged for
Upon delivery, it is the responsibility of the Buyer to check all items in consignment for any damage during transit.
If Buyer chooses to accept the delivery unseen, and signs, then the goods shall be deemed to be satisfactory and any subsequent claim shall be deemed null and void
Deliveries signed for but un-checked, will be regarded as accepted in good condition and will be non-returnable. Buyer retains full liability for any cost incurred to either party should any damage, or issues be subsequently discovered. Seller accepts no liability for un-checked orders. (Please refer to clause 7.)