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Terms & Conditions
Terms & Conditions
ECODISC.COM TERMS AND CONDITIONS OF SALE
1. Definitions
1.1 In these terms and conditions:-
“We and us” means Ecodisc.com either alone or together with you, as the context requires;
“You” means the registered person ordering goods subject to these terms and conditions;
“Goods” means the products listed on the website and ordered by you; and
“Contract” means the contract for the sale and purchase of the goods subject to these conditions.
2. Prices and Ordering
2.1 The prices for goods displayed for sale on this website are as set out on the website. Delivery will be charged in addition, and any such additional charges are clearly displayed where they apply.
2.2 We cannot accept your order until you have paid for it in full (including any applicable delivery charges). Upon payment, we will confirm acceptance of your order by e-mail which will be sent to the e-mail address you provide on your order details. Acceptance will be complete at the time we send this e-mail and the e-mail will confirm the details of the goods ordered.
2.3 We reserve the right not to supply you at our discretion.
3. Payment
3.1 Payment using either a debit or credit card is required at the time of order.
4. Delivery
4.1 When we confirm acceptance of your order by e-mail we shall provide a dispatch estimate. The dispatch estimates are not guaranteed dispatch times and should not be relied upon as such, time of delivery is not of the essence.
4.2 We shall send an e-mail to you confirming when the goods have been dispatched.
5. Ownership and Title
5.1 All ownership, title and risk of loss or damage in the goods purchased shall pass to you at the point and time at which the goods leave our premises.
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6. Customs
6.1 When ordering goods for delivery overseas you may be subject to import duties and taxes which are levied once the goods reach their specified destination. Any additional charges for customs clearance must be bourne by you, we have no control over these charges. You should contact your local customs office for further information and any charges which may become due. You will also be considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7. Return of Goods
7.1 You shall inspect the goods on receipt and notify us by e-mail within 4 days of receipt of any defect in the quality or condition of the goods or their failure to correspond with the ordered goods.
7.2 In no event shall you be entitled to reject the goods on the basis of any defect or failure which is so slight that it would be unreasonable for you to reject them.
7.3 You must arrange for the goods to remain in the original packaging and make them available for us to collect from the original delivery address.
7.4 On the return of the goods and in the event you have a valid claim then you will be entitled to either a full refund from us or free of charge replacement.
8. Resale of Goods
8.1 You shall ensure that no marking or label affixed to the goods referring the user to our instructions and/or recommendations for use is removed, tampered with or disfigured in any way.
8.2 If any item comprised in the goods is resold by you, then you shall:-
8.2.1 bring to the purchaser’s attention all our instructions and/or recommendations for use of the goods that appear on this website or appear on the goods or which we have notified to you; and
8.2.2 be responsible for providing full and accurate translations in all relevant languages where necessary.
9. Limitation of Liability
9.1 All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest possible extent permitted by law, but this exclusion does not apply to:-
9.1.1 any implied condition that the we have or will have the right to sell the goods when the property is to pass; or
9.1.2 where the goods are sold to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977, any implied term relating to the conformity of the goods with their description or sample or as to their quality or fitness for a particular purpose.
9.2 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
9.3 Subject to conditions 9.1 and 9.2:-
9.3.1 we shall not be liable to you for any loss of profit, loss of production, financial loss or depletion of goodwill which arises out of or in connection with the contract or its contemplated performance or lack of performance; and
9.3.2 subject to 9.3.1 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance or lack of performance of this contract shall be limited to the contract price.
10. Indemnity
10.1 You agree to indemnify us against any damages, losses, costs, claims or expenses incurred by us towards a third party arising out of or in connection with the goods supplied by us or their operation or use and whether arising by reason of our negligence or otherwise.
11. Health and safety
11.1 You agree to pay due regard to all information supplied by us relating to the use of the goods necessary to ensure the goods will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work.
11.2 You agree to comply with the General Product Safety Regulations 1994 if and to the extent that they are applicable to the goods.
11.3 You agree to indemnify us in respect of any and all claims arising from the goods being unsafe as a result of your activities.
11.4 You agree to monitor the safety of the goods and to pass on to us information as to the risks of the goods and co-operate in any action we decide to take to avoid those risks.
12. Amendments to the conditions
12.1 We reserve the right to make changes to our website, policies and these terms and conditions of sale at any time. You will be subject to the policies and terms and conditions of sale in force at the time that you use the website or at the time that you order goods from us, unless any changes to these policies or terms and conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
13. Severance
13.1 If any part of these terms and conditions is found to be unenforceable as a matter of law, all other of the terms and conditions shall not be affected and shall remain in force.
14. Force Majeure
14.1 We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of god, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of government, imposition or restrictions of imports or exports or any other cause not within our reasonable control.
15. Waiver
15.1 Failure or delay by us in enforcing or partially enforcing any provision of this contract is not a waiver of any of our rights under the contract.
15.2 Any waiver by us of any breach by you is not a waiver of any subsequent breach.
16. Governing Law
16.1 These terms and conditions and any contract between us shall be governed by and construed by English law and subject to the exclusive jurisdiction of the English courts.
17. Our details
17.1 Ecodisc.com is a trading style of Eco Rupture Disc Limited, a company registered in England under number 5892236 and whose registered office is Misbourne Court, Rectory Way, Amersham, Buckinghamshire, HP7 0DE. United Kingdom.