Terms & Conditions of Sale (02 February 2004)
These terms of sale apply to all goods and services supplied by RAL Display
& Marketing Ltd.
Registered no. 1978439. VAT no. 372 2194 60
Registered address: RAL Display & Marketing Ltd, 2 Cranmer Street, Leicester,
LE3 0QA
Tel: 0116 2554640. Fax: 0116 2550572. Email: sales@ral-display.co.uk
This website is operated by RAL Display & Marketing Limited (referred to
as "RAL Display /the Seller/we/our/us"). As user of this website (referred
to as "the Buyer/you/your") you acknowledge that any use of this website
including any transactions you make ("use/using") is subject to our
terms and conditions below. The ‘Goods’ are the articles the Buyer
agrees to buy from the Seller.
Please:
| read through these terms and conditions carefully before using this website. | |
| print a copy for future reference. |
1.General
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.Conditions
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. Order process
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.Quotations
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. Delivery
5.1 Carriage charges are applicable to UK mainland only. 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
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. Prices & Discounts
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. Payment and Interest
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.Quality
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 Risk/Title
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
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
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.
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 7 working 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
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.Warranty
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
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. Force Majeure
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
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.