"Buyer" means the person or company who accepts the Seller's Quotation for the sale of the Goods or whose Order for the Goods is accepted by the Seller;
"Goods" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms;
"Order" means the Buyer's acceptance of the Seller's Quotation for the Goods or the order placed by the Buyer for the Goods whether by means of the Seller's catalogue or web site which the Seller accepts;
"Quotation" means the written quotation setting out the price of the Goods provided by the Seller to the Buyer
"Seller" means Hobbytools4U of 36 Elwyndene Road, March, Cambs PE15 9BL, UK
"Terms" means the standard terms of sale set out in this document and includes any special terms agreed in writing between the Seller and the Buyer;
These Terms govern the sale of the Goods sold by the Seller to the Buyer named on the order form provided on the Seller's web site or requested in writing by the Buyer and where the Goods are supplied as a result of the Buyer's acceptance of the Quotation. The completed order form or Quotation together with the Terms constitute the entire and only agreement between the parties in relation to the sale of the Goods and comprises a legally binding contract between the parties.
2 Price and payment
2.1 If the Buyer places an Order via the Seller's web site the price payable for the Goods will be set out on the web site at the time the Buyer places the Order.
2.2 The Buyer may place an Order from one of the Seller's current catalogues and the prices of the Goods will be set out in the said catalogue.
2.3 If the Buyer accepts the Seller's Quotation then the prices contained therein are only valid for the period of 30 days from the date of the Quotation. If the Buyer wishes to order the Goods stated in the Quotation after this period then a new Quotation should be obtained or an enquiry made as regards the price of the Goods upon making an Order.
2.4 Notwithstanding the above clauses the Seller reserves the right by giving written notice to the Buyer at any time before delivery, to vary the price of the Goods to reflect any increase/decrease in cost to the Seller which is due to any factor beyond the control of the Seller.
2.5 The Buyer shall be responsible for any charges for insurance requested by the buyer in addition to the price for the Goods unless otherwise agreed in writing between the parties.
2.6 Subject to clause 2.8, the Seller must receive payment for the total price of the Goods and any applicable charges for carriage and insurance, before the Order can be accepted unless otherwise agreed in writing.
2.7 The Buyer can choose to tender payment by credit/debit card or Paypal via the web site, or by credit/debit card by telephone.
2.8 The Seller does not accept payment by cheque or postal order.
3 Delivery and title
3.1 Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order, or by the Buyer collecting the Goods from the Seller at an agreed time and place after the Seller has notified the Buyer that the Goods are ready for collection. A signature indicating receipt of the Goods will be required on collection.
3.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
3.3 If the Buyer fails to take delivery of the Goods then without limiting any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage.
3.4 Risk of damage to or loss of the Goods shall pass to the Buyer:
a) in the case of Goods to be delivered at the Buyers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods; or
b) in the case of Goods being collected from the Seller, at the time when the Seller notifies the Buyer that the Goods are available for collection.
3.5 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT, carriage and insurance.
3.6 Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
3.7 For Orders received by the Seller by noon of any working day the Seller will endeavour to dispatch the Goods by 5.30pm the next working day. For the purposes of this clause the Sellers normal working days are Monday to Friday excepting Bank Holidays. Any exceptions to these working days will be when the Seller is attending exhibitions (as per the Exhibition Diary page on the web site), whereby posting on Fridays, Saturdays and some Mondays may not be possible.
3.8 Hobbytools4u will not be held responsible for any delays in delivery once the Goods have been dispatched.
3.9 All Customs charges for parcels delivered overseas are payable by the Buyer.
4.1 Except as in clause 4.2 below, the Seller shall endeavour to hold sufficient stock to meet all Orders, however if there are insufficient stock to supply the Goods already paid for by the Buyer, the Seller shall, at its discretion, delay dispatch or refund to the Buyer the price paid for the Goods which cannot be supplied as soon as possible and in any event within 30 days.
4.2 Customised Products. The availability of Customised Products must be agreed at the time of Ordering.
5 Cancellation and returns
5.1 The Buyer shall be entitled to cancel the Order for Non-
5.2 On cancellation, the Buyer shall return the Goods to the Seller at its own cost unless the Goods are being returned because they are faulty or incorrect goods, in which case the Seller will meet the cost of return subject to being able to nominate the carrier.
5.3 If the Buyer wishes to cancel an order for Customised Products, notice of cancellation must be made within 7 days of placing the Order, however, such cancellation shall be subject to a fee in respect of any work carried out by the Seller up to the date of receipt of such notice.
5.4 Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, The Seller will only accept unwanted products at its sole discretion within 30 days of collection or dispatch. The goods must be in a saleable condition.
5.5 The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-
5.5. Goods are not Dispatched or Sold on a trial or return basis.
6.1 A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller in accordance with clause 5.1 or (where the defect or failure was not apparent on reasonable inspection) within 7 days of the discovery of the defect or failure but not exceeding 30 days from the date of collection or dispatch. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
6.2 Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned goods identify the fault or damage and otherwise inspect the goods.
The Seller may replace the Goods or at its discretion refund to the Buyer the price of the Goods, in which case the Seller shall have no further liability to the Buyer. If the goods are found to be in good order and without defect the Seller may return the Goods to stock and refund to the Buyer the cost of the Goods less the cost of return.
6.3 For the sake of clarity, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer, nor is it intended to exclude the Seller's liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4 The warranty is given by the Seller subject to the following conditions:
6.4.1 The Seller shall not be held liable for any defect in the Goods arising from any drawing or specification supplied by the Buyer;
6.4.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the Buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the Goods;
6.4.3 The Seller shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment;
6.4.4 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller;
6.4.5 The above warranty is given solely to the Buyer and is not transferable to any third party.
The Seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the Buyer by notice in writing if the Buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due or proceedings are commenced by or against it alleging bankruptcy or insolvency. Upon termination, all monies owing to the Seller in accordance with these Terms becomes immediately due and payable and the Seller shall be under no further obligation to supply any goods to the Buyer
8 Force majeure
The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond its reasonable control (including without limitation strikes, lockouts, acts of God and the like.
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English Law.