Terms and Conditions
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Conditions of Use
Legal Terms & Conditions
Conditions of Sale
Price & Payment
Acceptance
Title of goods
Availability
Liability
Cancellations, Returns & Credits
Force MaJeure
General
VAT
Age requirement for specific goods
Copyright
1. Conditions of Sale
These Terms & Conditions govern the supply of goods sold by John A Sparks & Co. Ltd to the customer named on the order form provided on the John A Sparks & Co. Ltd website. Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of this order by delivery of the goods constitutes a legally binding contract between us on these Terms and Conditions.
2. Price & Payment
2.1 The price payable for the goods you order is as set out on our website at the time you place your order.
2.2 We must receive full payment for the goods, and any applicable carriage charges before your order can be accepted and dispatched.
3. Acceptance
Each order for goods to be supplied by the Seller shall be deemed to be an offer by the Buyer to purchase the goods upon these Conditions and shall be accepted entirely at the discretion of the Seller. These conditions shall apply to all orders accepted by the Seller and shall override and take the place of any terms or conditions produced or referred to by the Buyer. No other terms or conditions shall be included or implied unless previously agreed upon in writing by the Seller and in the event of any conflict or inconsistency between these Conditions and the Terms of the Buyer's order. Conditions and the Terms of the Buyer's order, these Conditions shall prevail.
4. Title of Goods
Once the Seller John A Sparks & Co. Ltd has received full payment the listed goods ordered will be dispatched to the Buyer. The Title and Ownership of goods will pass upon delivery. A valid signature will be required.
5. Availability
While we will endeavour to hold sufficient stock to meet all orders, if however we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days.
6. Liability
* IMPORTANT - BEFORE SIGNING THE CARRIERS TICKET *
When you sign, you are certifying that the correct quantity and product has been delivered and in a satisfactory condition. Your signature legally validates that you have "Received the goods in Good Condition"
Therefore before signing:-
6.1 Check the CONDITION of the goods BEFORE signing the carriers note Note if goods are damaged you MUST sign for goods as (DAMAGED and where applicable SHORT DELIVERED) (This ensures damages, shortages can be rectified at NO extra charges to either buyer or seller).
6.2 Goods MUST be checked for damaged or loss BEFORE signing the carrier's Proof of delivery note.
6.3 Check that the QUANTITY received agrees with the quantity shown on the carrier's ticket.
* Please note that such problems are extremely rare and John A Sparks & Co. Ltd will do everything to assist to minimise any inconvenience.
6.4 If you have signed the carriers documentation as short or goods damaged and have notified us of a problem, we will either make good any shortage or non-delivery; replace or repair any goods that's are defective upon delivery; or refund to you the amount paid by you for the goods in questions.
6.5 We will not be liable to you for the loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than the refund we make under these conditions.
6.6 We also accept no liability or except charges for goods received damaged but signed for "Received in good condition" with exception to any to manufacturing defects. In the rare event that a manufacturing, quality issue has arisen the goods will be collected, inspected and upon confirmation of a manufacturing fault a replacement product will be forwarded to the Buyer free of charge, should upon inspection the goods are found not to have a manufacturing defect then the Buyer will be liable for any additional charges and for any replacement goods and NO credit will be issued. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7. Cancellations, Returns & Credits
7.1 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller within 30 days of delivery. If the goods are damaged or do not comply with any of the contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the goods.
7.2 If a claim is made that the goods are defective or that goods have been damaged in transit and signed for as such the goods shall be returned to the Seller. The Buyer then shall be entitled to a full refund (including delivery costs) if the goods are in fact defective.
7.3 As a consumer the Buyer has the right, in addition to cancel the contract and receive a full refund by informing us in writing or email within 7 working days of receipt of goods. Goods must be returned at your cost and should be adequately insured during the return journey. The Seller will then refund the Buyer all monies paid for the goods except, for return postal charges within a 30 day cancellation period.
7.4 Where the returned goods are found to be damaged due to the Buyer's fault the Buyer will be liable for any cost incurred in remedying such damage.
8. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by an event or circumstance beyond our reasonable control (including, without limitations, strikes, lockouts and other industrial disputes).
9. General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
10. VAT
All prices include VAT at 17.5% subject to changes in taxation. Vat No. 521 6841 58
11. Age Requirements for Specific Goods
Where the law requires a minimum age limit for the purchase of specific goods, you confirm that you are over the required age limit and that delivery will be accepted by a person over the required age limit.
12. Copyright
The pages within any website produced on behalf of the Seller can be printed and are subject to copyright. Any permanent storage, copying or redistribution of any of the information set out in our website of John A Sparks & Co. Ltd is strictly prohibited. Browsers are also prohibited from modifying any details on the website of John A Sparks & Co. Ltd and from reproducing or publicly displaying or distributing any such details for any commercial purpose whatsoever.