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TERMS AND CONDITIONS
(Your statutory customer rights are not affected)
DEFINITIONS
'The Company' is The Solderman Limited of Unit 3 Stanley Centre, Kelvin Way, Crawley, West Sussex, RH10 9SE.
Tel: 01293-614000
Fax: 01293-613600
Email: sales@thesolderman.co.uk
Web: http://stores.ebay.co.uk/The-Solderman (referred to as “the website”)
'The Customer' is the person, company or organization purchasing goods or services from 'The Company', as shall be entered within the 'customer' section of all Company sales order/ecommerce/invoice documentation.
OVERVIEW OF TERMS & CONDITIONS
These terms and conditions (last updated January 2011) shall apply to the sale and supply of products by 'The Company', to the entity hereby referred to as 'The Customer'. 'The Company' means of good practice and retail compliance is primarily regulated by 'The Consumer Protection (Distance Selling) Regulations 2000', in addition to the 'Sale of Goods Act 1979' and other statutory instruments. This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being; OFT (Office of Fair Trading), DTI (Department of Trade & Industry) and Trading Standards Central. Any order placed by 'The Customer' whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both 'The Customer' and 'The Company'.
1. RETENTION OF TITLE / OWNERSHIP
1.1 Legal ownership of any goods supplied shall remain vested to 'The Company', until such time that full payment of order/invoice monies has been received from 'The Customer'.
1.2 Should the 'The Customer' obtain goods prior to full payment, 'The Customer' accepts that 'The Company' retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the 'The Customer' grants 'The Company' unrestricted access to reclaim the goods, at which point the order cancellation process 7 shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of 'The Customer'.
2. PRICES
2.1 All pricing as shown upon 'The Company' literature and “the web site” are shown in (£) Pounds Sterling. Further the prices shown are only for UK customers.
2.2 All pricing as shown upon 'The Company' literature and “the web site” are shown exclusive of the current prevailing rate of Value Added Tax (VAT). 'The Company' VAT number is 851125355.
2.3 All pricing as shown upon any branded literature provided, i.e; manufacturer brochures, is provided for information only and does not form part of a sale.
2.4 Our shipping charges vary and you will be advised the amount charged on order.
2.5 Should 'The Customer' accept our shipping charges offered under 2.4 the order shall be completed and proceeded with. If declined, 'The Company' will cancel 'The Customers' order and refund all order monies received.
2.6 'The Company' pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
2.7 'The Company' reserve the right to offer 'The Customer' reduced pricing should they; (a) use a voucher code, (b) offer volume incentive, or (c) offer other incentive where discretion can be applied.
2.8 An official VAT invoice is sent with every shipment.
3. PAYMENT
3.1 'The Company' standard payment terms are full payment with order.
3.2 Payments are only accepted in (£) Pounds Sterling.
3.3 Payments are only accepted by the following means; cheque (made payable to The Solderman Limited), BACS (electronic banking), Visa, MasterCard, Maestro, Visa Delta and Electron.
3.4 Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit 'The Company' bank account.
3.5 'The Company' actively strive to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.
3.6 'The Company' retain the right to undertake any third party search as necessary, such as via 'The Company' card processing organisation, to satisfy that 'The Customer' card details are valid.
3.7 It is the responsibility of 'The Customer' to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of 'The Company'.
3.8 'The Company' reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.
4. DELIVERY
4.1 'The Company' shall aim to fulfil all orders at the earliest opportunity subject to 4.2.
4.2 Unless otherwise stated in our listings, we aim to ship within 3 days from point of cleared payment, thus (a) next working day upon card-based orders, and (b) clearance of funds upon cheque-based orders.
4.3 Delivery periods are provided in working days (i.e; 20 working days = 4 weeks), to account for the incidence of public holidays and that couriers operate weekdays only.
4.4 Deliveries are made weekdays only, typically during the hours of 8.00am to 6.00pm, however this can vary by courier. 'The Company' is not able to offer timed deliveries. 'The Company' cannot guarantee delivery dates, as couriers are out of their control, and 'The Company' will not be held responsible for any losses that may arise by late arrivals of expected deliveries.
4.5 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order (as section 19 of the Distance Selling Regulations) 'The Customer' can cancel their order without penalty.
4.6 It is the responsibility of the 'The Customer' to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from 'The Customer' at cost.
4.7 Most delivered goods have to be signed for (POD) by the 'The Customer' or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to 'The Customer'.
4.8 If 'The Customer' cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must to sent to sales@thesolderman.co.uk.
4.9 'The Company' will not bear any abortive costs arising from 'The Customer' due to a failed delivery, as the delivery process is operated by couriers beyond the control of 'The Company'.
5. SHORTAGES / DAMAGE
5.1 'The Customer' shall inspect the goods and notify 'The Company' within seven days after the day of receipt of any shortages or damage to the said goods.
5.2 Shortage or damage should be reported with detail, either in writing to 'The Company' address, by email to sales@thesolderman.co.uk or by fax to 01293-613600. Telephone claims will not be accepted.
5.3 Upon approved claims within the period defined in 6.1, 'The Company' will forward the replacement parts usually within 5 to 10 working days, subject to stock level.
5.4 There is a 12 months manufacturer's guarantee on our soldering machines and 6 months on the heating elements.
5.5 All statements made relating to guarantee periods are to be honoured by the relevant manufacturer. 'The Company' shall assist with any guarantee claim but shall not bear responsibility.
5.6 We reserve the right to decline any replacement request should damage or miss-use of the product have occurred.
5.7 'The Company' will not be liable for any costs incurred by 'The Customer', should they fail to inspect and satisfy themselves that the product is sound and complete prior to use.
6. RETURN (CANCELLATION)
6.1 All goods are newly manufactured for sale or to order, as described upon 'The Company' web site. We do not retail seconds or ex-display products, thus a return should be considered unlikely.
6.2 A return or cancellation of supply only goods can be instructed up to 14 working days after the date of delivery (except 7.3), as defined by section 11, part 2 of the Distance Selling Regulations.
6.3 'The Customer' has no right to cancel at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences.
6.4 The statement in 6.3 is formed from the 'Exceptions to the right to cancel' section 13, part c of the Distance Selling Regulations; which refers to "goods made to the customer's specifications..."
6.5 A return or cancellation should be made in a durable means as defined by part 10 of the Distance Selling Regulations being; either in writing to 'The Company' address, by email to sales@thesolderman.co.uk or by fax to 01293-613600.
6.6 It is the responsibility of 'The Customer' to meet all product return costs, either by their own arrangement or at the direct cost levied to 'The Company'. Stated, to comply with section 8, part 2aii of the Distance Selling Regulations
6.7 It is the responsibility of 'The Customer' to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; 'The Company'.
6.8 All return costs sought by 'The Company' shall be deducted from the order monies held, thus any refund to 'The Customer' shall be passed less this return charge.
6.9 Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £20 for a basic pre-packed item weighing less than 20kgs.
6.10 Where 'The Customer' instructs 'The Company' to undertake a collection and return, 'The Company' shall notify 'The Customer' of the return charge in writing (by email) prior to undertaking the process.
6.11 'The Company' will not profit from any return charges received from 'The Customer'. A return charge will always equate to the cost 'The Company' expended.
6.12 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 6.6 to 6.11, shall be made in a period not exceeding 30 days, as Section 14, part 3 of the Distance Selling Regulations.
6.13 Statute states that a product should be returned in its original condition, thus fit for re-sale as new. The law allows the 'The Customer' to inspect the product as they would in a store. We shall therefore reject the return of any product where the product has been used, thus rendering the product as 'used'.
7. REJECTED GOODS (CANCELLATION)
7.1 All goods are new for sale or to order, as described upon 'The Company' web site. We do not retail seconds or ex-display products, thus rejected goods are an extremely rare event.
7.2 Should 'The Customer' wish to reject their goods through fault or damage, this must be undertaken within 7 working days after the date of delivery (except 7.4), as defined by section 11, part 2 of the Distance Selling Regulations.
7.3 'The Customer' should notify 'The Company' of their rejection of the goods by durable means as defined by part 10 of the Distance Selling Regulations; either in writing to 'The Company' address, by email to sales@thesolderman.co.uk or by fax to 01293-613600.
7.4 'The Customer' has no right to reject at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences. In this case section 5. Shortages / Damage would apply.
7.5 The statement in 7.4 is formed from the 'Exceptions to the right to cancel' section 13, part c of the Distance Selling Regulations; which refers to "goods made to the customer's specifications..."
7.6 It is the responsibility of 'The Customer' to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; 'The Company'.
7.7 For justified rejection, 'The Company' shall be bear all return costs, being the limit of liability for a rejection.
7.8 If on return the product is found to be sound, complete and as described for sale, the return charge process 6.6 to 6.11 will apply and be deducted from the order monies held.
7.9 If on return the product is found to be have been abused or damaged 'The Company' shall retain the right to deduct from the order monies held any losses incurred due to the damage.
7.10 'The Company' will not profit from any return charges received from 'The Customer'. A return charge will always equate to the cost 'The Company' expended.
7.11 Reimbursement (refund) of rejected order monies, less charges defined in 7.8 to 7.10 if due, shall be made in a period not exceeding 30 days as Section 14, part 3 of the Distance Selling Regulations.
7.12 (As 6.13) Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where the product has been used, thus rendering the product as 'used'.
8. COMPLAINT
8.1 In the event of any complaint or grievance, 'The Customer' should initially make contact by telephone on 01293-614000, followed by a formal email complaint to sales@thesolderman.co.uk or letter to 'The Company' address.
8.2 For efficient handling, 'The Customer' should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.
8.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a "Second Request" for the attention of The Manager.
8.4 It is the intention of 'The Company' to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.
9. PRIVACY
9.1 We are committed to protect and respect customer privacy.
9.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
9.3 Any personal details given by 'The Customer' shall not be passed or made available to any other company, organization or third party with the exception of 9.4.
9.4 To enable us to efficiently fulfil your custom, 'The Customer' contact name, telephone number and address shall be passed to our couriers to enable direct delivery and communication.
9.5 'The Company' shall only use 'The Customer' telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.
9.6 'The Company' will not pass to any third party the details of the subscribers of 'The Company' email newsletter.
9.7 Subscribers of 'The Company' email newsletter retain the right to be removed from our database at any time by selecting the 'unsubscribe' function at the base of any newsletter received.
9.8 'The Company' will not contact any previous customer post-sale for marketing purposes.
10. SECURITY
10.1 For customer security of sensitive information, “the website” operates a secure e-commerce automated payment process, namely Paypal.
11. IMAGES/PHOTOGRAPHS
11.1 We try to keep all our images/photographs of the products we sell as accurate and up-todate as possible, but due to continuous upgrading and development by the manufacturers' of our products, some products supplied may vary to images shown on the listings.
12. LAW
12.1 We control and operate “the website” from our offices within England, so these terms and conditions shall be interpreted according to the laws of England.
13. SITE CONTENT AND DISCLAIMERS
13.1 Every effort is made to ensure the complete accuracy of “the website”, however some prices/details contained on “the website” may change from time to time and it is possible that errors will occur. We will use our best endeavours to rectify any errors, as swiftly as possible but we cannot be responsible for any losses incurred. As from 4 January 2011 all our listings' prices include 20% VAT - VAT invoices shipped with every order - any reference made to 17.5% from 4 January will mean 20%. |
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