1. Definitions 2. Validity 3. Terms of Payment and Payment Methods 4. Description 5. Delivery 6. Warranties and Returns 7. Termination 8. Limitation of Liability 9. Intellectual Property Rights and Confidentiality 10. Jurisdiction
1. Definitions In this Agreement, the "Customer" means any person who places an Order with Elliott’s Online (either as a private consumer or as a business); the "Goods" mean any item sold or supplied by Elliott’s Online; “Elliott’s Online” means Elliott’s Online Ltd a company incorporated in England with company number 12522239 and a registered address of: Elliott’s Online Ltd Raywell Street Hull HU2 8EP "Order" means any request or order to purchase the Goods, and the "Parties" refers to the Customer and Elliott’s Online
2. Validity 2.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Elliott’s Online Credit account terms and conditions which, were conflict arises take precedence over this Agreement 2.2 Any Order is subject to acceptance by Elliott’s Online. Elliott’s Online is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by the Customer does not itself constitute acceptance by Elliott’s Online of the Order. 2.3 Elliott’s Online may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Elliott’s Online website or catalogue.
3. Terms of Payment and Payment Methods 3.1 The Goods shall be payable at the prices listed on the Elliott’s Online website at the time of the Order or the Elliott’s Online catalogue from which the Order is placed provided the catalogue is current. Elliott’s Online reserves the right to update prices on the Elliott’s Online website or in future Elliott’s Online catalogues from time to time. Occasionally, prices advertised on the Elliott’s Online website may differ from prices advertised in the Elliott’s Online catalogue and Elliott’s Online is under no obligation to honour the price on the website if the Order is placed through the catalogue. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling. 3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (VAT). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order. 3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case Elliott’s Online shall be under no obligation to honour the incorrect price. 3.4 Payment for Goods and Delivery may be made by any of the options listed on the Elliott’s Online website or catalogue. 3.5 Elliott’s Online reserves the right to charge interest on late or overdue payments by the Customer. 3.6 All Orders may be subject to further credit or security checks.
4. Description 4.1 Descriptions and specifications for the Goods are set out on the Elliott’s Online website at the time of the Order or the Elliott’s Online catalogue from which the Order is placed provided the catalogue is current at the time of the Order. Elliott’s Online reserves the right to substitute the Goods with newer versions or items of comparable or better quality. 4.2 Goods ordered in a specific colour, pattern or designs are sold subject to stock availability and Elliott’s Online may substitute the Goods with items of alternative colour, pattern or design with the Customer's approval. 4.3 If any Goods are unavailable or out of stock then Elliott’s Online may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval. 4.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
5. Delivery 5.1 Full delivery prices and options are listed on the Elliott’s Online website or catalogue and subject to change from time to time. 5.2 Standard Delivery and Premium Delivery Orders will be sent for 'next day delivery' within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Elliott’s Online before 12:00 on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered 'next day' then delivery will usually be completed within 5 days.
5.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time will vary depending on the delivery location. 5.4 Elliott’s Online will use reasonable endeavours to meet delivery estimates in all cases however Elliott’s Online cannot be held liable for any delay in delivery. 5.5 Risk in the Goods transfers to the Customer at the time of delivery but title shall not pass until payment has been made in full for the Goods in question. 5.6 Goods delivered are used, stored and installed at the Customer's own risk and Elliott’s Online shall not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Elliott’s Online to the Customer from time to time. 5.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.
6. Warranties and Returns 6.1 Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Elliott’s Online website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at Elliott’s Online's discretion. 6.2 6.3 The warranties in clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without prior express approval by Elliott’s Online. 6.4 Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEE regulations. Full details of Elliott’s Online’s WEE compliance policy are available on the Elliott’s Online website. 6.5 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
7. Termination 7.1 Elliott’s Online reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement. 7.2 Elliott’s Online reserves the right to terminate this Agreement in the event of the Customer being unable to pay its debts or becoming bankrupt or having a winding-up order made or appointing an Administrator, Liquidator, Receiver or similar. 7.3 Elliott’s Online reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Elliott’s Online's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation. 7.4 Elliott’s Online reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
8. Limitation of Liability 8.1 The Customer agrees that Elliott’s Online shall not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude Elliott’s Online's statutory liability for injury or death. 8.2 Goods sold are not insured for delivery unless confirmed as insured by Elliott’s Online on acceptance of the Order.
9. Intellectual Property Rights and Confidentiality 9.1 Goods sold or supplied by Elliott’s Online may be subject to copyright (whether owned by Elliott’s Online or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Elliott’s Online harmless for any breach of said covenant. 9.2 The Customer's data protection and privacy rights under this Agreement are set out in Elliott’s Online privacy policy (available on the Elliott’s Online's website).
10. Jurisdiction 10.1 This Agreement is governed by English law and the Parties shall be subject to the non- exclusive jurisdiction of the English courts. 10.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.
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