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 Information |
All of the new vinyl sign cutters and systems we supply
carry the full manufacturers warranty and are UK
specification machines 240VAC 50 Hz - we do not supply 'grey
imports'. All warranties are RTB unless stated otherwise. Manufacturers on-site warranties are UK mainland
only, Europe and the rest of the world RTB UK. |
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Terms and Conditions... |
SIGNWIZARD UK LTD - CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING
YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER
FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by
Signwizard UK Ltd, Coney Green Business Centre, Clay Cross,
Derbyshire S45 9JW - UK (the "Supplier").
1.2 No contract exists between you and the Supplier for the
sale of any goods until the Supplier has received and
accepted your order and the Supplier has received payment in
full (in cleared funds). Once the Supplier does so, there is
a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your
order will be sent to you via e-mail if you place your order
online, but acceptance of your offer to buy the goods will
not take place until after your payment is taken. It is at
this point that a binding legal contract is created and any
contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation
(see below).
1.5 The Supplier may change these terms of sale without
notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be
as shown on the Supplier's website at the time you place
your order.
2.2 The goods are subject to availability. If on receipt of
your order the goods you have ordered are not available in
stock, the Supplier will inform you as soon as possible and
refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the
Supplier's website are accurate at the time you place your
order. If an error is found, the Supplier will inform you as
soon as possible and offer you the option of reconfirming
your order at the correct price, or cancelling your order.
If the Supplier does not receive an order confirmation
within 14 days of informing you of the error, the order will
be cancelled automatically. If you cancel, the Supplier will
refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a
delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made
by any method shown on the Supplier's website at the time
you place your order. Payment shall be due before the
delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are
received.
3.3 Payments shall be made by you without any deduction
whether by way of set-off, counterclaim, discount, abatement
or otherwise unless you have a valid court order requiring
an amount equal to such deduction to be paid by the Supplier
to you.
4. Delivery
4.1 The goods you order will be delivered to the address you
give when you place your order, except that some deliveries
are not made outside the United Kingdom.
4.2 Orders placed before 1:00 pm on a working day will be
processed that day and will be delivered as per the
requested delivery option provided no additional security
checks are required and all stock items are available. (A
working day is any day other than weekends and bank or other
public holidays.)
4.3 If delivery cannot be made to your address for reasons
under the Supplier's control the Supplier will inform you as
soon as possible and refund or re-credit you for any sum
that has been paid by you or debited from your credit card
for delivery.
4.4 If you deliberately fail to take delivery of the goods
(otherwise than by reason of circumstances under control of
the Supplier) then without prejudice to any other right or
remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you
for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price
and (after deducting all reasonable storage and selling
expenses) account to you for any excess over the price you
agreed to pay for the goods or charge you for any shortfall
below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled
your contract under the Distance Selling Regulations the
Supplier shall refund or re-credit you within 30 days for
any sum that has been paid by you or debited from your
credit card for the goods, less any expenses incurred for
failed delivery.
4.6 Every effort will be made to deliver the goods as soon
as possible after your order has been accepted. However, the
Supplier will not be liable for any loss or damage suffered
by you through reasonable or unavoidable delay in delivery.
In this case, the Supplier will inform you as soon as
possible.
4.7 Time for delivery shall not be of the essence. The goods
may be delivered by the Supplier in advance of the quoted
delivery date.
4.8 Upon receipt of your order you will be asked to sign for
the goods "received in good condition". Consignments must be
inspected in the presence of the carrier. If any goods are
damaged or lost the consignment note must be endorsed
accordingly and the Buyer must notify the Company within 48
hours of delivery, such notification to be confirmed in
writing within the following five days.
4.9 In the absence of notification under Clause 4.8 above the Buyer shall be deemed to have accepted
the goods.
4.10 If you are unable to
check the contents of the package at that moment in time
please sign for the parcel as "UNCHECKED/DAMAGED". Failure to do so
may affect any warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the
Supplier has received in full (in cash or cleared funds) all
sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the
Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for
the goods notwithstanding that ownership of any of the goods
has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the
goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier)
separately from all your other goods and goods of any third
party in such a way that they remain readily identifiable as
the Supplier's property;
6.1.2 not destroy, deface or obscure any identifying mark or
packaging on or relating to the goods; maintain the goods in
satisfactory condition and keep them insured on the
Supplier's behalf for their full price against all risks to
the reasonable satisfaction of the Supplier. On request you
shall produce the policy of insurance to the Supplier; and
condition and keep them insured on the Supplier's behalf for
their full price against all risks to the reasonable
satisfaction of the Supplier. On request you shall produce
the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in
condition 6.1.2 on trust for the Supplier and not mix them
with any other money, nor pay the proceeds into an overdrawn
bank account.
6.2 If you are a business customer your right to possession
of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make
an arrangement or composition with your creditors, or
otherwise take the benefit of any statutory provision for
the time being in force for the relief of insolvent debtors,
or (being a body corporate) convene a meeting of creditors
(whether formal or informal), or enter into liquidation
(whether voluntary or compulsory) except a solvent voluntary
liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of its
undertaking or any part thereof, or a resolution is passed
or a petition presented to any court for your winding up or
for the granting of an administration order in respect of
you, or any proceedings are commenced relating to your
insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or
equitable, to be levied on your property or obtained against
you or you are unable to pay your debts within the meaning
of section 123 of the Insolvency Act 1986 or you cease to
trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 Consumers have the right to cancel the contract at any time up
to the end of 7 working days after you receive the goods
(see below). This option is not available for business to
business transactions.
7.2 To exercise your right of cancellation, you must give
written notice to the Supplier by letter or fax, giving
details of the goods ordered and (where appropriate) their
delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the
goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own cost.
The goods must be returned to the address shown below. You
must take reasonable care to ensure the goods are not
damaged in the meantime or in transit. Goods must be
returned in a new and unused condition.
7.4 Once you have notified the Supplier that you are
cancelling the contract, the Supplier will refund or
re-credit you within 30 days for any sum that has been paid
by you or debited from your credit card for the goods.
7.5 If you do not return the goods as required, the Supplier
may charge you a sum not exceeding the direct costs of
recovering the goods.
7.6 You do not have the right to cancel the contract if the
order is for computer software which has been unsealed or
registered by you, or for consumable goods which, by their
nature, cannot be returned. Used equipment or software
cannot be returned under the 7 day cooling off period rules
- as in a shop you have the right to inspect your purchase
but NOT to use the equipment.
7.7 Exceptions to the right to cancel - The Consumer
Protection (Distance Selling) Regulations 2000 No. 2334.
7.7.1Unless the parties have agreed otherwise, the consumer
will not have the right to cancel the contract by giving
notice of cancellation pursuant to regulation 2000 No. 2334
- 10 in respect of contracts:
(a) for the supply of services if the supplier has complied
with regulation 2000 No. 2334 - 8(3) and performance of the
contract has begun with the consumer's agreement before the
end of the cancellation period applicable under regulation
2000 No. 2334 - 12;
(b) for the supply of goods or services the price of which
is dependent on fluctuations in the financial market which
cannot be controlled by the supplier;
(c) for the supply of goods made to the consumer's
specifications or clearly personalised or which by reason of
their nature cannot be returned or are liable to deteriorate
or expire rapidly;
(d) for the supply of audio or video recordings or computer
software if they are unsealed by the consumer;
8. Warranty
8.1 All goods supplied by the Supplier are warranted free
from defects for 12 months from the date of supply (unless
otherwise stated).
8.2 This warranty does not apply to any defect in the goods
arising from fair wear and tear, wilful damage, accident,
negligence by you or any third party, use otherwise than as
recommended by the Supplier, failure to follow the
Supplier's instructions, or any alteration or repair carried
out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery,
you should notify the Supplier in writing by fax or letter within
48 hours of delivery.
8.4 If the goods supplied to you develop a defect while
under warranty or you have any other complaint about the
goods, you should notify the Supplier in writing by letter
or fax number shown below, as soon as possible and request
an RMA form, but in any
event within 48 hours of the date you discovered or ought to
have discovered the damage, defect or complaint. You must
return the RMA form with the goods, all fields must be
completed and an accurate description of any fault found.
8.5 You will be responsible for returning the goods to the
Supplier at your own cost. The goods must be returned to the
address shown below. You must take reasonable care to ensure
the goods are not damaged in the meantime or in transit.
8.6 If the goods are determined to be defective, (the
“Supplier”) will repair or replace the item, at it's option,
at no charge. After the Warranty Period, all charges are the
responsibility of the consumer.
8.7 Warranty and support is
NOT transferable
9. Limitation of Liability
9.1 the Supplier's total liability in contract, tort
(including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance
of this agreement shall be limited to the price paid for the
goods.
9.2 Nothing in these conditions excludes or limits the
liability of the Supplier for death or personal injury
caused by the Supplier's negligence or fraudulent
misrepresentation.
9.3 If you are a business customer the Supplier shall not be
liable to you for any indirect or consequential loss or
damage (whether for loss of profit, loss of business,
depletion of goodwill or otherwise), costs, expenses or
other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with
this agreement.
9.4 Maximum carrier liability for Export orders is £7.50 per kg
up to max weight limit of 30kg. Enhanced liability cover is
available but must be paid for by customer at the time of
order. Quotation for enhanced cover is available
from sales@signwizard.co.uk.
It is the customers responsibility to ensure the have
purchased adequate insurance for their goods.
10. Data Protection
The Supplier will take all reasonable precautions to keep
the details of your order and payment secure but unless the
Supplier is negligent, the Supplier will not be liable for
unauthorised access to information supplied by you.
11. Applicable Law
These terms of sale and the supply of the goods will be
subject to English law and the English courts will have
jurisdiction in respect of any dispute arising from the
contract.
12. Images
Product images are for illustrative purposes only.
13. Return Policy
13.1 All returns must have a valid Return Merchandise
Authorization number ( RMA#). All RMA's must be received
within 7 days of the RMA issue date.
13.2 Items must be in original packaging, in all original
boxes, packing materials, manuals, blank warranty cards and
all other accessories, software and documentation provided
by the manufacturer, used equipment or registered software
cannot be returned under any circumstances accept for
warranty claims.
13.3 We strongly recommend that you fully insure your
package that you are returning. We suggest the use of a
carrier that can provide you a "proof of delivery".
Signwizard UK Ltd will not be liable for items lost or damaged in
transit.
13.4 All shipping back to (the “Supplier”) is paid for by
the customer. Please ensure that the box has your RMA #
clearly marked on the outside of the package.
13.5 Any RMA returned found not to be defective may incur a
return freight charge, this will be charged to the credit
card last charged on your order.
13.6 All items returned to the vendor by prearrangement and found to contain no fault,
will be subject to a 20% restocking charge, providing the
goods are in original stock condition. Any downward
variation of this restocking charge shall be at the sole
discretion of the vendor.
13.7 The vendor will not accept goods for credit or rectification unless such return
has been authorised by a director, and the goods are
received by the vendor in stock condition, with original packaging and the
vendor retains the right at its sole discretion whether to
accept the return of the goods or whether to rectify the
goods or whether to issue a credit note in respect thereof.
The vendor reserves the right to charge a restocking fee on
goods returned for credit which are not in stock condition.
13.8 The purchaser shall unless otherwise stated be
responsible for the cost of outward and return carriage and
insurance of all goods returned by the purchaser to the
vendor for service or credit which goods shall be at the
risk of the purchaser until actual receipt of the goods by
the vendor. The onus of proof of safe delivery shall rest
with the purchaser.
13.9 Business Equipment - our trade sales for signmaking
systems and software are supplied for commercial use only
and are classed as business to business transactions.
The Consumer Protection (Distance Selling) Regulations 2000
No. 2334. specifically excludes computer software and
business to business transactions from the 7 day cooling off
period offered to consumers.
Non-consumer Claims, “Consumers are people who are buying
for purposes not related to their trade, business or
profession” and the four remedies in the Regulations
(repair, replacement, partial and full refund) are not open
to non-consumers.”
Further extracts from the Act state:- If equipment was
purchased for use in a business environment, it would not be
possible for a repair or replacement claim to be made –
citing the Regulations – by masquerading as a consumer when
approaching the retailer. Such claims could immediately be
rejected. They should be properly pursued as a normal
business-to-business sale of goods contract.
If you have changed your mind
If you have simply changed your mind about your order and
you wish to return your goods, then in line with the
Distance Selling Directive (DSD) you can do so provided you
inform us of this decision within 7 days from receipt. The
goods must not be opened nor used and must be ‘as new’ when
returned to us. Once you’ve informed us of your decision to
return goods under DSD, you have 28 days to do so at your
own expense. Once goods are received at Signwizard UK Ltd,
we’ll issue a full refund for the cost of the goods to your
original payment method. Please note this policy does have
some limitations and does not apply to business customers or
equipment.
14. Types of Products and Conditions of the Return
14.1 Software that is not defective and open can not be
returned for any circumstance.
14.2 Discontinued or end of life products can only be
returned for repair. No refunds or exchanges will be made.
15.0. Bundled software.
Software bundled with any cutter purchased
from Signwizard UK Ltd must be registered within the time
specified by the manufacturer or within a maximum period of
60 days from the delivery of order. Software remaining
un-registered by the customer after this period will be
subject to a cancellation of any issued license codes.
Software must be purchased if registration is required after the cancellation date.
NOTE -
Warranty and support is NOT transferable
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Signwizard UK Ltd.
Coney Green Business Centre
Wingfield View
Clay Cross
Chesterfield
S45 9JW
United Kingdom |
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