1.1 We reserve the right
to change these terms and conditions at any time. Any such
changes will take effect when posted on the website (see date
at the top) and it is your responsibility to read the terms
and conditions on each occasion you use this website and your
continued use of the website shall signify your acceptance
to be bound by the latest terms and conditions.
1.2 You confirm that you have authority to
bind any business on whose behalf you use this website.
2.1 These conditions shall form the basis
of the contract between the Seller and the Buyer in relation
to the sale of the Goods, to the exclusion of all other terms
and conditions including the Buyer’s standard conditions
of purchase or any other conditions which the Buyer may purport
to apply under any purchase order or confirmation of order
or any other document.
2.2 All orders for goods including orders
placed on this website shall be deemed to be an offer by the
Buyer to purchase Goods from the Seller pursuant to these
conditions.
2.3 These conditions may not be varied except
by the written agreement of a director of the Seller.
2.4 These Conditions represent the whole
of the agreement between the Seller and the Buyer. They supercede
any other conditions previously issued.
3.1 The 'confirmation' stage sets out the
final details of your order. Following this, we will send
to you an order acknowledgement email detailing the products
you have ordered. Please note that this email is not an order
confirmation or order acceptance from RAL Display.
3.2 Acceptance of your order and the completion
of the contract between you and us will take place on dispatch
to you of the products ordered unless we have notified you
that we do not accept your order.
3.3 We do not file details of your order
for you to subsequently access direct on this website, and
therefore, please print out these terms and conditions and
the order acknowledgement for your own records. If you wish
to obtain specific details of your previous orders please
Contact Us.
4 .1 All quotations and tenders are valid
for a period of 30 days from issue unless otherwise stated.
The acceptance of the order by RAL Display will constitute
a contract subject to these conditions.
5.1 Carriage charges are applicable to UK
mainland only excluding the Highlands of Scotland.. For all
other areas such as the Isle of Man, Northern Ireland, Republic
of Ireland and The Scottish Highlands carriage will be calculated
and charged to the customer. We reserve the right the alter
the carriage charge for the original delivery and for the
collection of goods without prior notice.
5.2 Delivery of the Goods shall be made to
your address. You shall make all arrangements necessary to
take delivery of the Goods on the day notified by us for delivery.
5.3 We will undertake to use our reasonable
endeavors to dispatch the Goods on an agreed delivery date,
but do not guarantee to do so. Time of delivery shall not
be the essence if the contract.
5.4 We shall not be liable to you for any
loss or damage whether arising directly or indirectly from
the late delivery or short delivery of the Goods. If short
delivery does take place, you undertake not to reject the
Goods but to accept the Goods as part of performance of the
contract.
5.5 If you deliberately fail to take delivery
of the goods (otherwise than by reason of circumstances under
control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier , the Supplier may:
5.5.1 store the
goods until actual delivery and charge you for reasonable
costs (including insurance) of redelivery and storage; or
5.5.2 sell the goods
at the best readily obtainable price and (after deducting
all reasonable storage and selling expenses) account to you
for any excess over the price you agreed to pay for the goods
or charge you for any shortfall below the price you agreed
to pay for the goods.
5.5.3 If as a private
individual you fail to take delivery because you have cancelled
your contract under the Distance Selling Regulations the Supplier
shall refund or re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card for
the goods, less any expenses incurred for failed delivery.
5.6 Time for delivery shall not be of the
essence. The goods may be delivered by the Supplier in advance
of the quoted delivery date.
5.7 Goods for delivery outside the United
Kingdom are sold on f.o.b. terms and property and risk shall
pass to the buyer when goods are delivered on board ship.
5.8 For all export orders please ring +44
(0) 116 2554640 for a quotation.
5.9 All goods must be signed for by an adult
aged 18 years or over on delivery.
| 6. Loss or Damage in Transit |
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6.1 In the unlikely event that you receive
a damaged package and suspect the goods inside are damaged
the carrier’s receipt must be endorsed “Damaged.”
If subsequently the goods are found to be damaged, RAL Display
must then be contacted in writing (letter, fax or email) within
10 working days. Delivery notes signed “unexamined”
are not sufficient to uphold a claim.
6.2 If upon delivery, you sign for the goods
as goods received in good condition’(clear signature
only) and subsequently find the contents are damaged or items
are missing, we require verbal notification by 5.00pm on the
next working day to uphold a claim.
6.3 If goods are found to be damaged and
correct notification has been given then the goods will be
replaced as soon as possible.
7.1We reserve the right to impose a minimum
order charge of £30.00 excluding carriage and VAT.
7.2 All prices and the discounts applicable
to RAL goods and/or services are subject to change without
notice.
7.3 All prices exclude VAT at the applicable
current rates, unless expressly stated otherwise.
7.4 All prices exclude carriage charges unless
otherwise stated.
8.1 Unless a prior credit agreement has been
arranged, we take payment from your card at the time we receive
your order, once we have checked your card details. Goods
are subject to availability. In the event that we are unable
to supply the goods, we will inform you of this as soon as
possible. A full refund will be given where you have already
paid for the goods.
8.2 The price you pay is the price displayed
on this website at the time we receive your order apart from
the following two exceptions:
a) While we try and ensure that all prices
on our website are accurate, errors may occur. If we discover
an error in the price of goods you have ordered we will inform
you as soon as possible and give you the option of reconfirming
your order at the correct price or canceling it. If we are
unable to contact you we will treat the order as cancelled.
If you cancel and you have already paid for the goods, you
will receive a full refund.
8.3 Payment can be made by any method specified
in this website. For information about secure on-line ordering
see Security & Privacy.
8.4 Interest on overdue invoices shall accrue
from the date when payment becomes due calculated on a daily
basis until the date of the payment at the rate of 8% per
annum above the Bank of England base rate from time to time
in force. Such interest shall accrue after as well as before
any judgment.
9.1 Sometimes the product specifications
from the manufacturer may change, in which case we will do
our best to offer you a substitute of the same or better quality
at the same price.
9.2 All sizes and measurements are approximate
but we do try to make sure that they are as accurate as possible.
9.3 We reserve the right to alter our designs
without prior notice.
10.1 Risk of loss and damage of products
passes to you on the date when the products are delivered
or on the date of first attempted delivery by us or any third
party carrier company.
10.2 Ownership of the goods shall not pass
to you until the Supplier has received in full (in cash or
cleared funds) all sums due to it in respect of:
10.2.1 the goods,
and
10.2.2 all other
sums which are or which become due to the Supplier from you
on any account.
10.3 The Supplier shall be entitled to recover
payment for the goods notwithstanding that ownership of any
of the goods has not passed from the Supplier.
| 11. Title for Business Customers |
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11.1 If you are a business customer until
ownership of the goods has passed to you, you must:
11.1.1 store the
goods (at no cost to the Supplier) separately from all your
other goods and goods of any third party in such a way that
they remain readily identifiable as the Supplier's property;
11.1.2 not destroy,
deface or obscure any identifying mark or packaging on or
relating to the goods; maintain the goods in satisfactory
condition and keep them insured on the Supplier's behalf for
their full price against all risks to the reasonable satisfaction
of the Supplier. On request you shall produce the policy of
insurance to the Supplier; and
condition and keep them insured on the Supplier's behalf for
their full price against all risks to the reasonable satisfaction
of the Supplier. On request you shall produce the policy of
insurance to the Supplier; and
11.1.3 hold the
proceeds of the insurance referred to in condition 6.1.2 on
trust for the Supplier and not mix them with any other money,
nor pay the proceeds into an overdrawn bank account.
11.1.4 If you are
a business customer your right to possession of the goods
shall terminate immediately if:
11.2 you have a bankruptcy order made against
you or make an arrangement or composition with your creditors,
or otherwise take the benefit of any statutory provision for
the time being in force for the relief of insolvent debtors,
or (being a body corporate) convene a meeting of creditors
(whether formal or informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent voluntary liquidation
for the purpose only of reconstruction or amalgamation, or
have a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof,
or a resolution is passed or a petition presented to any court
for your winding up or for the granting of an administration
order in respect of you, or any proceedings are commenced
relating to your insolvency or possible insolvency; or
11.3 you suffer or allow any execution, whether
legal or equitable, to be levied on your property or obtained
against you or you are unable to pay your debts within the
meaning of section 123 of the Insolvency Act 1986 or you cease
to trade; or
11.4 you encumber or in any way charge any
of the goods.
| 12. Changes, Cancellation and
Returns as a Business |
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12.1 RAL Display reserves the right at its
sole discretion whether to accept the return of the goods
or whether to rectify the goods or whether to issue a credit
note in respect thereof.
12.2 All items returned to RAL Display by
pre-arrangement and found to contain no fault, will be subject
to a 20% restocking charge, provided the goods are in original
stock condition. Any downward variation of this restocking
charge shall be at the sole discretion of RAL Display.
12.3 RAL Display will not accept goods for
credit or rectification unless such return has been authorised
by a director, and the goods are received by RAL Display in
stock condition, with original packaging. You shall unless
otherwise stated be responsible for the cost of outward and
return carriage and insurance of all goods returned to RAL
Display for service or credit. Risk will remain with you until
goods are received in full to RAL Display. The onus of proof
of safe delivery shall rest with you.
12.4 No credit shall be allowed for goods
until they have been received complete, unused and undamaged.
A Full Credit will only be given on items returned within
14 days from purchase and agreed by a director. If a credit
is to be given, the original carriage charge will not be refunded/credited.
| 13. Your right to cancel as a
Consumer under the Distance Selling Regulations 2000. |
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A ‘Consumer’ may be defined as any natural person
who is acting for purposes that are outside his or her business.
Please note that the Distance Selling Regulations 2000 do
not apply to Business to Business transactions.
13.1 You have the right to cancel the contract
at any time up to the end of 14 days after you receive the
goods.
13.2 To exercise your right of cancellation,
you must give written notice to RAL Display by letter, fax
or email, giving details of the goods ordered and (where appropriate)
their delivery. Notification by phone is not sufficient.
13.3 If you exercise your right of cancellation
after the goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own cost.
The goods must be returned to the address shown above. You
must take reasonable care to ensure the goods are not damaged
in the meantime or in transit. We unconditionally reserve
the right to not refund if the goods are not returned in perfect
condition.
13.4 Once you have notified the Supplier
that you are canceling the contract, the Supplier will refund
or re-credit you within 30 days for any sum that has been
paid by you or debited from your credit card for the goods.
13.5 If you do not return the goods as required,
the Supplier may charge you a sum not exceeding the direct
costs of recovering the goods.
13.6 Goods may not be returned when made
to the customer’s specification.
14. Intellectual Property
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14.1 You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights in all
materials and/or content made available as part of your use
of this website shall remain at all times vested in us or
our licensors. You are permitted to use this material only
as expressly authorised by us or our licensors.
15.1 All goods supplied by the Supplier are
warranted free from defects for 6 months from the date of
supply (unless otherwise stated). This warranty does not affect
your statutory rights as a consumer.
15.2 This warranty does not apply to any
defect in the goods arising from fair wear and tear, willful
damage, accident, negligence by you or any third party, use
otherwise than as recommended by the Supplier, failure to
follow the Supplier's instructions, or any alteration or repair
carried out without the Supplier's approval.
15.4 If the goods supplied to you develop
a defect while under warranty or you have any other complaint
about the goods, you should notify the Supplier in writing
via the e-mail address or fax number shown above.
| 16. Liability and Indemnity |
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16.1 Nothing in these terms and conditions
excludes or limits liability for death or personal injury
caused by negligence, fraudulent misrepresentation, or any
other liability which may not otherwise be limited or excluded
under applicable law.
16.2 Subject to Section 16.1 above, RAL Display
will use reasonable endeavors to verify the accuracy of any
information on the site but makes no representation or warranty
of any kind express or implied statutory or otherwise regarding
the contents or availability of the site or that it will be
timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of
viruses or bugs or represents the full functionality, accuracy,
reliability of the website RAL Display will not be responsible
or liable to you for any loss of content or material uploaded
or transmitted through the website and RAL Display accepts
no liability of any kind for any loss or damage from action
taken or taken in reliance on material or information contained
on the site.
16.3 Subject to Section 16.1 above, other
than as expressly provided in these terms and conditions with
respect to specific products, any indemnities, warranties,
terms and conditions (whether express or implied) are hereby
excluded to the fullest extent permitted under applicable
law.
16.4 Subject to Section 16.1 above, RAL Display
will not be liable, in contract, tort (including, without
limitation, negligence), pre-contract or other representations
(other than fraudulent on negligent misrepresentations) or
otherwise out of or in connection with the terms and conditions
for any: · economic losses (including without limitation
loss of revenues, data, profits, contracts, business or anticipated
savings); or loss of goodwill or reputation; or special or
indirect losses suffered or incurred by that party arising
out of or in connection with the provisions of any matter
under these terms and conditions.
16.5 Notwithstanding the above, subject to
Section 16.1 RAL Display’s aggregate liability (whether
in contract, tort or otherwise) for loss or damage shall in
any event be limited to a sum equal to the amount paid or
payable by you for the product(s) in respect of one incident
or series of incidents attributable to the same clause.
16.6 This clause 7 does not affect your statutory
rights as a consumer, nor does it affect your contract cancellation
rights.
16.7 We will take all reasonable precautions
to keep the details of your order and payment secure, but,
unless we are negligent, we cannot be held liable for any
losses caused as a result of unauthorised access to information
provided by you.
17.1Neither party shall be liable for any
delay in performing or failure to perform its obligations
hereunder to the extent that and for so long as the delay
or failure results from any cause or circumstance whatsoever
beyond its reasonable control (an "event of force majeure"),
provided the same arises without the fault or negligence of
such party and the affected party notifies the other party
within two (2) working days of becoming aware of the same
of such event of force majeure and the manner and extent to
which its obligations are likely to be prevented or delayed,
and provided also that the occurrence of any such event of
force majeure shall not have the effect of discharging or
postponing the affected party's payment obligations hereunder.
If any event of force majeure occurs, the date(s) for performance
of the obligation(s) affected shall be postponed for so long
as is made necessary by the event of force majeure provided
that if any event of force majeure continues for a period
of or exceeding 30 days, the non-affected party shall have
the right to terminate any agreement governed by these Terms
and Conditions forthwith on written notice to the affected
party. Each party shall use its reasonable endeavors to minimise
the effects of any event of force majeure.
| 18. Miscellaneous Provisions |
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18.1 The contract between us shall be governed
by the laws of England and any dispute between us will be
resolved exclusively in the courts of the City of Leicester.
English is the only language offered for the conclusion of
the contract.
18.2 To provide increased value to our customers,
we may provide links to other websites or resources for you
to access at your sole discretion. You acknowledge and agree
that, as you have chosen to enter the linked website we are
not responsible for the availability of such external sites
or resources, and do not review or endorse and are not responsible
or liable, directly or indirectly, for (i) the privacy practices
of such websites, (ii) the content of such websites, including
(without limitation) any advertising, content, products, goods
or other materials or services on or available from such websites
or resources or (iii) the use to which others make of these
websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with,
the use of or reliance on any such advertising, content, products,
goods or other materials or services available on such external
websites or resources.
18.3 You may not assign or sub-contract any
of your rights or obligations under these terms and conditions
or any related order for products to any third party unless
agreed upon in writing by RAL Display.
18.4 RAL Display reserves the right to transfer,
assign, novate or sub-contract the benefit of the whole or
part of any of its rights or obligations under these terms
and conditions or any related contract to any third party.
18.5 If any portion of these terms and conditions
is held by any competent authority to be invalid or unenforceable
in whole or in part, the validity or enforceability of the
other sections of these terms and conditions shall not be
affected.
18.6 These terms and conditions do not create
or confer any rights or benefits enforceable by any person
that is not a party (within the meaning of the U.K. Contracts
(Rights of Third Parties) Act 1999) except:
a) RAL Display & Marketing Limited (as defined below)
shall have the right to enforce any rights or benefits under
these terms and conditions;
b) RAL Display & Marketing Limited shall have the right
to enforce and take the benefit of the rights or benefits
of any limitation or exclusion or limitation of liability
in these terms and conditions;
c) a person who is a permitted successor or assignee under
Section 8.8 above of the rights or benefits of these terms
and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9
is required for the parties to vary or rescind these terms
and conditions (whether or not in any way that varies or extinguishes
rights or benefits in favour of such third parties).
18.7 No delay or failure by RAL Display to
exercise any powers, rights or remedies under these terms
and conditions will operate as a waiver of them nor will any
single or partial exercise of any such powers, rights or remedies
preclude any other or further exercise of them. Any waiver
to be effective must be in writing and signed by an authorised
representative of RAL Display
18.8 These terms and conditions including
the documents or other sources referred to in these terms
and conditions supersede all prior representations understandings
and agreements between you and RAL Display relating to the
use of this website (including the order of products) and
sets forth the entire agreement and understanding between
you and RAL Display for your use of this website.
We recommend you print out a copy of these terms and conditions
for your future reference.
If you have any questions regarding the RAL Display’s
website please contact us.