Conditions of Use
1.1 “Buyer” means the individual or organisation that buys or agrees to buy goods from the
Seller for the purpose of their business, trade or profession and not for private use or consumption.
1.2 “Contract “ means a the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.3 “Goods means the articles the Buyer agrees to buy from the Seller
1.4 “Seller” means Stands Out Ltd, The Chapel, Chapel Street, Mochdre, Colwyn Bay, LL28 5BB
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 Nothing in these terms and conditions shall affect the Buyers statutory rights.
2.2 These terms and conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the buyer.
2.3 Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyers acceptance of these terms and conditions.
2.4 Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
3.1 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The Seller may choose not to accept an order for any reason.
3.2 Where goods ordered by the buyer are not available from stock substitute products will given if these have been requested by the buyer at the time of ordering.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in “The Order Process Section”
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Seller’s Website. The price is exclusive of Postage and Packing and VAT.
4.2 The total purchase price, including VAT and delivery charges if any will be displayed in the Buyers shopping cart.
4.3 The Seller reserves the right to change the total purchase price including VAT and delivery if products ordered ( or substitutes) can not be supplied and/or a different postage tariff has to be applied (i.e. for consignments in excess of 25kg, postings outside mainland, precious metal items requiring Special Insured delivery – for further information see section on postage)
4.4 The Seller’s minimum order values are as follows:
United Kingdom £0
European Countries outside UK please contact us
Other Countries please contact us
*net amounts before P&P and VAT.
If the Buyer submits an order which exceeds the Gross minimum order value, but subsequently the Seller is unable to supply some of the goods ordered, the Seller reserves the right to cancel the Buyers order should the total net value of the same fall below the Sellers minimum order value.
4.5 Payment for goods must be received before despatch.
4.6 The Seller accepts payment for orders by Credit/Debit Card, Cheque, Postal Orders, and Bank Transfer. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
4.7 In respect of Credit/Debit Card Payments unless otherwise requested by the Buyer at the time of ordering, the Buyer will be notified by phone or email of the final order total due for payment. Authorisation, unless otherwise requested by the Buyer at the time of ordering will be sought by the Seller from the Buyer before Credit/Debit Card Payments are processed.
4.8 In respect of Buyers paying by Bank Transfer, payment must be made to the Sellers Account via Lloyds TSB Bank. (Bank details can be obtained by phone from the Seller). Cleared funds must be received by the Seller before goods are despatched to the Buyer. Charges in respect of Bank transfers are the responsibility of the Buyer.
4.9 In respect of Buyers paying by cheques, personal cheques must be accompanied with a valid cheque card guarantee number, written on reverse side of cheque. The Buyer should note that the Seller subscribes to the services of Transax, from Certegy Limited, to provide a warranty to their cheque. Certetgy will record information in relation to any cheque they are asked to warrant and will use it to decide whether to warrant future cheques where a subscribing organisation requests this service from Certegy to help it decide whether to accept a cheque as payment. If the Buyers cheque is subsequently returned unpaid, the Seller will inform Certegy and also provide them with any information held (including the Buyers Name and address). The Seller may assign their rights to collect a debt to Certegy.
Certegy will use personal data about the Buyer (or information about their Company) in order to enable them to collect a debt and may carry out a credit check where they deem it necessary to facilitate a collection.
Certegy will charge the Buyer an administration fee for the collection of a dishonoured cheque. If the Buyer has any questions about personal information held by Certegy that relates to them, or details of the Credit Reference Agency they use, or information relating to anything else in this notice please phone 01492 548 591
4.10 Buyers paying by, Credit/Debit Card that have requested notification, Bank Transfer, Personal Cheques, or Postal Order will be advised by the Seller either by phone or email (usually within 7 working days) of the total order amount due including VAT and postage. If after making contact with the buyer payment or in the case of Credit/Debit Card payments authority is not received within 10 days the Buyers order will be cancelled without further notice.
4.11 All payments are to be made by the buyer in Pounds Sterling.
4.12 Credit card information for the purpose of making a payment can be given to the Seller via phone, fax or through the Sellers secure website which encrypts the information given.
4.13 Goods purchased by Credit/Debit Card will only be despatched by the Seller to the registered address of the Credit Card Holder.
4.14 Buyers operating out side the EEC will be exempt from VAT at the prevailing rate providing goods are despatched direct from the Seller to the Country concerned. Buyers operating outside the EEC who wish to arrange their own method of delivery, are required to produce documentary evidence which clearly indicates goods will be leaving the UK. The Seller reserves the right to charge the Buyer a deposit equivalent to the prevailing VAT amount, if they are not satisfied with the documentation evidence produced. The VAT deposit will be refunded by the Seller once clear documentary evidence of Export has been produced.
Buyers operating within the EEC will be exempt from VAT providing their order is supported by a valid VAT number. The Seller will check the validity of the VAT Number produced with the Customs and Excise Authority in the UK, and will only exempt the Buyer from VAT if they are satisfied with the information given.
4.15 Buyers operating within the EEC who wish to arrange their own method of delivery are required to produce documentary evidence which clearly indicates goods will be leaving the UK. The Seller reserves the right to charge the Buyer a deposit equivalent to the prevailing VAT amount, if they are not satisfied with the documentation evidence produced. The VAT deposit will be refunded by the Seller once clear documentary evidence of Export has been produced.
5. RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at anytime.
5.3 The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.
6.1 Goods supplied within the UK will normally be delivered within 10 working days of acceptance of order
6.2 Goods supplied outside the UK will normally be delivered within 20 working days of acceptance of order
6.3 The Seller reserves the right to alter delivery times without notice.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time.
6.5 Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery.
6.6 In the event of goods being returned to the Seller due to non-delivery, the Buyer will be advised. Redelivery costs will be the responsibility of the Buyer.
6.7 The title and risk in the goods shall pass to the Buyer upon delivery and the Seller will not be liable for their loss or destruction from this point on.
6.8 Due to limitations imposed by the Sellers Insurers, the Seller cannot export goods to the following Countries:-
North America, Canada, Afghanistan, Angola, Cuba, Ethiopia, Iran, Iraq, Lebanon, Liberia, Libya, Myanmar, Nicaragua, Nigeria, North Korea, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Uganda, Countries comprised by the former territories of USSR and/or the Federal Republic of Yugoslavia and/or Republic of Serbia, or any other country where local legislation decrees insurance must be effected locally, unless specially declared and accepted by underwriters prior to shipment.
The Buyer reserves the right to add to the list of excluded Countries without notice.
6.9 Buyers who wish to use their own Courier or Freight Forwarder for the purpose of delivery are responsible for insuring goods whilst in transit. The Sellers liability for loss or damage will cease at the point of despatch.
7. CANCELLATION AND RETURN POLICY
7.1 The Buyer must inform the Seller by phone or email within 24hrs if they wish to cancel their order. The Seller reserves the right to charge the Buyer a 20% restocking fee if their order is cancelled after the time limit. Orders cannot be cancelled once they have been despatched.
7.2 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller by phone, fax or email within 7 working days of delivery if goods are defective or damaged or of an incorrect quantity. The Seller shall have no liability to make right the same if notification is not received within the specified time period.
7.3 The Sellers only obligation to the Buyer in regards to point 7.2 will be at the option of the buyer
1) To make good any shortage or non-delivery
2) To replace any goods that are damaged or defective
3) To hold your account in Credit with the amount paid for the goods in question
4) To credit and refund the amount paid for the goods in question
8. Where a claim of defect or damage is made the goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a refund of any return postage charges if the Seller has instructed the Buyer to return the goods in question.
9. The Seller is not liable for any goods that have been damaged due to misuse or are returned without their original packing.
10. In the event of the Buyer, indicting on ordering their acceptance of substitute products as alternatives for out of stock items, and subsequently finding them unsuitable the Buyer shall return them to the Seller for a full Credit. Cost of Return Postage will however be the responsibility of the Buyer and no refund of the same will be given by the Seller.
11. Other than for the aforementioned reasons the Seller will not accept returns from the Buyer.
12.1 If goods are not received by the Buyer within 18 days of the date on which they were ordered, the Seller has no liability unless they are notified by phone, fax or email within 21 days of the date on which the goods were ordered
12.2 In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage
12.3 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit the liability of the Seller for death or personal injury resulting from their negligence.
13.1 No Waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14. FORCE MAJEURE
14.1 The seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from events and circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorism, fire, breakdown of plant and machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
15.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provisions eliminated.
16. CHANGES TO TERMS AND CONDITIONS
16.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right should not affect existing Terms and Conditions accepted by the Buyer upon making a purchase.
17. GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions shall be governed by and construed in accordance with the Law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.