1. |
Definitions Agreement –
these terms and conditions and any other separate documents filled
out or incorporated into any transaction between the parties setting
out the identity of the Customer and Supplier, the Specification
of Goods and the Price.
Price – the price agreed between the parties
for the Goods.
Customer – the person, firm or company
with whom the Supplier contracts.
Goods – the goods set out in the Specification.
Guarantee Period – the period specified
by the Supplier and or Manufacturer from the date of Supply of
Goods.
Specification – the specification of the
Goods to be provided and agreed by both parties.
Supplier – Pebel Ltd. (Trading as Pebelleisure)
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2. |
The pebelleisure.co.uk website (the "Website") is owned
and operated by Pebel Ltd. All of the goods on this Website are
offered by Pebel Ltd ("we/us") which will be the contracting
party for any order that you place. All images on this website are
for descriptive and illustrative purposes only and Pebel Ltd makes
no representations as to their accuracy. |
3. |
These Terms and Conditions of Sale apply to all transactions for
the sale of goods on the Website. Please read them carefully. They
do not affect your statutory rights. We may change these Terms and
Conditions at any time. Any changes will take effect on the date
they are posted on the Website. |
4. |
Right to Withdraw Goods We reserve the right
to withdraw any goods from the Website at any time. We will not
be liable to you or anyone else for withdrawing any goods from
the Website. |
5. |
Returns
You may cancel your order (or any part of it) for any reason
before delivery or within 10 days after delivery by notifying
us before delivery or returning the item or items to us. Pebel
Ltd will exchange or refund the price paid for any item bought
from us if it is returned unused, as sold, with the original packaging
and within 10 days of purchase. You are responsible for returning
the item to us or, if appropriate, contacting us to arrange collection.
You will be responsible for the costs of return or, if appropriate,
collection (unless the item is faulty). |
6. |
Basis of the Agreement The Supplier agrees
to supply the Goods to the Customer and the Customer agrees to
pay the Price in accordance with the terms of the Agreement (immediately
on receipt unless other terms have been agreed).
These terms and conditions shall apply to the exclusion of all
other terms and conditions proffered by any other party. In the
case of any conflict or ambiguity between any specification set
out on this document, these terms and conditions shall prevail.
Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Customer’s acceptance of the Agreement except
in the event of a breach by the supplier.
Any variation of these terms and conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Supplier. |
7. |
Customer’s Responsibilities The Supplier
may require the Customer to pay part or the entire price in advance
if, for example, the cost of Goods is likely to be significant.
The Supplier reserves the right by giving notice to the Customer
at any time before completion of its performance of the Agreement
to increase the Price if:-
The costs to the supplier of providing any Goods increases due
to any factor beyond the control of the Supplier, however, the
customer will be notified of the change and given the opportunity
of declining to accept the goods. In the event that the customer
declines to accept the goods, the agreement between the supplier
and the customer will cease to exist and any funds paid will be
returned to the customer and any goods belonging to the supplier
will be returned.
The Customer changes the Specification,
The Customer agrees to any change to the Specification proposed
by the Supplier,
The Customer fails to give the Supplier adequate or accurate
information or instructions. |
8. |
Payment The Price includes VAT at the prevailing
rate.
Unless payment is made electronically by debit or credit card
or other authorised method, the Supplier will submit an invoice
on completion of delivery and payment must be made on receipt.
All sums due under the agreement will be paid by the customer
immediately on receipt of goods without any deduction, set off,
counterclaim or abatement and time for payment shall be of the
essence.
If the Customer fails to make any payment when it falls due or
the payment fails to clear, the supplier may take any or all of
the following steps: -
Charge the Customer interest (both before and after any judgment)
on the amount unpaid at the rate of 2% per month (24% per annum)
until payment is made in full, accruing on a daily basis.
Charge the customer an administration fee of £20 on having
to instruct a debt recovery agent.
Charge the Customer for all reasonable costs and expenses (including
legal costs and costs of any third party debt recovery service)
incurred by the Supplier in the collection of any overdue amount.
Refuse to deliver any balance of Goods, whether under this agreement
or any other agreement or otherwise, until payment is made in
full, and / or –
Where payment is made by means of any cheque or other negotiable
instrument, payment shall not be treated as having been made until
such instrument has been honoured on presentation for payment.
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9. |
Goods The risks in the goods shall pass to
the buyer at the time of delivery of the goods. Property or ownership,
legal or beneficial, in any goods supplied by the seller shall
pass to the buyer only when the seller has received payment in
full in cash or cleared funds for all sums owed by the buyer to
the seller.
Goods delivered in respect of which the property remains with
the seller shall be kept identifiable as those of the seller and
the buyer shall, at its own expense, immediately return such goods
to the seller or permit the seller to enter the buyer’s
premises to collect such goods should the seller so request.
The Supplier makes no representation as to the precise timing
of delivery of any Goods hereunder. Any timescales discussed or
agreed will be treated as targets only and time will not be of
the essence, however, where timescales have been discussed these
are subject to availability, and the supplier will take all reasonable
steps to inform the customer of any delay known about at the time
of ordering or that comes to its attention subsequent to any order
being placed.
If there are any significant changes to the expected date of
delivery the supplier will take all reasonable steps to inform
the customer and the customer will be given the opportunity to
reject such delivery. In the event that the customer declines
to accept the goods, the agreement between the supplier and the
customer will cease to exist and any funds paid will be returned
to the customer and there will be no other responsibility to the
supplier.
In the event that any goods should still be delivered after the
cessation of any agreement (for example where the goods had already
been dispatched) they will be returned to the supplier or notification
given to the supplier and the supplier enabled to arrange the
collection of the said goods.
The Supplier shall not be responsible for delay caused by factors
beyond its control, including failure of the Customer to comply
with relevant sections of clause 3 and any other action by the
Customer.
The Supplier shall be entitled to recover the price of any proceeds
of sale of the Goods by the Customer notwithstanding that title
has not passed to the Customer. |
10. |
Back Orders If your item is not in stock,
we will back order it for you. You will always be emailed with
the option to cancel your order if you would rather not wait. |
11. |
Acceptance, Defects and Guarantee All claims
for breakages, faults and discrepancies must be notified within
3 days of receipt of the goods. Generally, returns are only accepted
in respect of defective items with evidence, or suitable confirmation,
of the fault.
If no such notification is received the Customer will be deemed
to have accepted the Goods so provided, and will not then be entitled
to reject them outright.
Late notification will only be considered at our discretion or
under special agreement prior to order. No returns can be accepted,
or credit, given, after 2 Weeks from the relevant invoice date.
NB: This does not apply to manufacturers or suppliers guarantees
or warranties.
The Supplier will use its best endeavours to correct any defect
arising under normal use and due solely to faulty design, materials
or workmanship, which is notified within the notification period
or within a reasonable time of receiving such notification and
may at its discretion:-
Take the Goods or any part of them away from the Customers premises,
or arrange for the customer to send them back to us, in order
to examine the Goods and arrange if necessary for any replacement
or repair.
Replace all or any part of the Goods.
Refund the Price or such part of it as relates to the defective
Goods or Services.
The Supplier’s obligations in relation to defective Goods
shall not exceed the extent of any manufacturer’s guarantee
provided to the Supplier from the manufacturer or the Supplier’s
own supplier, whether as to the time which Goods will be replaced
/ repaired or as to any other matter.
The Supplier may refuse to provide any guarantee services or
may invoice the customer for the cost of any work or materials
brought about by the Customer’s notification of any defect
where such defect is not attributable to any act or omission of
the Supplier or any defect in the Goods is attributable to:-
Misuse of the Goods by the Customer.
Failure to follow the Supplier’s advice as to use and
maintenance of the Goods. |
12. |
Severance If any part of this Agreement,
is found by a court or other competent authority to be invalid,
unlawful or unenforceable then such part will be severed from
the remainder of this Agreement which will continue to be valid
and enforceable to the fullest extent permitted by law. |
13. |
Jurisdiction This Agreement will be construed
in accordance with and governed by the law of England and Wales
and each party agrees to submit to the jurisdiction of the courts
of England and Wales. |