The website on which these Terms of Sale appears (“Our Site”) is owned and operated by, and the words “We/Us/Our” in these Terms of Sale mean, BargainMax Limited, English and Welsh Company Number 07780699, which deals only in business.
These Terms of Sale, together with any and all other documents they refer to, set out the terms under which the goods (“Goods”) sold through Our Site are sold to certain consumers; these Terms of Sale do not apply to the following classes of person who may not buy from our site:
persons purchasing Goods in the course of business.
consumers under 18 years of age
persons (regardless of nationality) located outside the UK
persons wanting delivery outside the UK
Formation and Period
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us “Commencement”.
You consent to us to supply the goods immediately on Commencement (i.e. during any period for cancellation outlined in paragraph 3 and 4), notwithstanding the consequence would be to end the cancellation period under paragraph 3.1
This agreement shall last until all obligations under it have been mutually fulfilled (“the Agreement Period”).
During the Agreement Period we will provide the goods to you in exchange for payment to us (“Price”), both as described in the order or otherwise in these terms (any such description in the order having priority over any in these terms).
Mutual agreement of this form shall be evidenced by (1) Our offer of an order for acceptance by you; followed by (2) Your acceptance of that offer indicated by you following the online order mechanism (“the Online Order”) to completion, or by any other indication of your approval of it; and (3) the contract is formed (only) when we send an email to the email address you provide confirming Commencement.
The Online Order together with these terms detail the agreed scope of works and contract between you and us.
The prices payable for goods that you order are as set out on our website.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
Right for you to cancel your contract
Except where goods are faulty, or do not comply with the contract for some other reason, you shall have no right to cancel after performance of the supplies has begun.
You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods.
You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
To cancel your contract you must notify us in writing.
If you have received the goods before you cancel your contract then unless, under clause 4.2, you do not have a right to cancel,you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
Cancellation by us
We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we cancel your contract we will notify you by email and will credit to you any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
We may cancel any part of this agreement by notice to you at any time prior to your payment, or after your payment, provided we refund to you payment for any elements which we cancel. For the avoidance of doubt we may cancel part only of this agreement without affecting the remainder.
Should either party wish to vary these terms they may do so only by provisions mutually agreed by a special condition made in writing; otherwise these terms shall be deemed to have priority over any inconsistent provision in the Online Order.
Should either party wish to vary the order (including by the introduction of Special Conditions to vary these terms) they may do so only by procuring that the other party agrees a revision of the order with the agreed corrections outlined, such revised order stating expressly that it replaces any previous order that it identifies as replaced. Should any of these matters not be dealt with as described then an order will not be deemed to replace any earlier order. We shall have no obligation to agree a variation of an order that adversely affects our revenue.
If the good ordered are unavailable then notwithstanding clause 5.5 we may substitute equivalent goods (in terms of quality and price).
Delivery of goods to you
You will provide all reasonable instructions and responses requested to enable us to provide the goods, and shall accept responsibility for the consequences of any such provision, failure to provide, or any faults with such provisions.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
You will become the owner of the goods you have ordered when they have been delivered to you and not before payment in full is received. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. You must insure any of our property in your own possession.
For the avoidance of doubt, your choice of goods to order from us shall be your primary responsibility. You shall have satisfied yourselves prior to order that any goods ordered satisfies your requirements. Except in circumstances where you can demonstrate that their order arose substantially due to an error we produced, for which error we were responsible, and which error it was not reasonable for you to have noticed and corrected prior to order, you agree that they shall not seek to hold us responsible for any of your losses from ordering goods that transpire not to suit your purposes.
Contrary to these terms should you fail to take delivery of any part of the order when proffered, then you shall pay our reasonable storage charge for the goods ordered for however long we store them for, and any reasonable charge we may render for any re-delivery subsequently arranged.
After storing goods we possess that are ready for delivery to you for longer than 30 days after notification of that to you then regardless of any notification to the contrary from you, we shall have the right (but not the obligation) to treat the goods as no longer required by you and may sell them or otherwise dispose of them, crediting any proceeds (less a handling charge) to you
Guarantees and Liability
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:
to make good any shortage or non-delivery;
to replace or repair any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Subject to clauses 7.8 - we guarantee that goods we provide under these terms will be of reasonable quality. All other guarantees or warranties from us of any nature, whether implied or otherwise expressed, are excluded to the maximum extent permitted by law.
Your remedy for goods you order under this agreement that are supplied to us by any third party shall be deemed to be against the third party supplier. Our obligation in relation to such goods is itself to enforce any guarantee we have from such third party if required to do so by you. Where possible and applicable, we shall assign to you the benefit of any warranty, guarantee or indemnity given by the person originally supplying the goods.
You agree carefully to test goods as soon as possible to ensure they are fit your purposes. You shall have no remedy under these terms for any matter that could have been prevented if you had acted on the results of such tests, where you either fail to undertake such tests or to act on them. Except in respect of death or personal injury caused by our negligence, or otherwise not excludable, or as expressly provided otherwise in these Terms: WE shall not be liable to YOU by reason of any representation (unless fraudulent), or any warranty, condition or other term, or any duty at common law, or under the express terms of theseterms, for any loss of profit, or loss of opportunity, or failure to make savings, or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of US, OURservants or otherwise) which arise out of or in connection with the provisions of this agreement; and the entire liability of US under or in connection with these Terms shall not exceed the amount YOU shall have paid US under these Terms.
We shall have no liability to you for any failure to deliver goods you have ordered any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at The Chartwell Partnership Ltd, 47 Bury New Road, Prestwich, Manchester, M25 9JY and all notices from us to you will be displayed on our website from to time.
We only do business in the English language.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
We mutually deem neither to create for, nor transfer to you any intellectual property under these terms. Unless expressly stated otherwise any copyrights or design rights arising in or from supplies under these terms will either remain vested in us or will be deemed transferred to us on their creation.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
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