Terms and Conditions
These terms and conditions of sale comprise all the terms of the Contract between the Buyer and SafePlayUK Limited for the goods described in the website www.openinprivate.co.uk and communicated to us electronically by you clicking on the “Submit” button on the website . If you click the “Submit” or “Buy” button, or accept or use the goods, you shall be deemed to accept these terms despite anything to the contrary stated in your order. No variation of, or addition to, these terms shall take effect unless agreed in writing by the parties.
In these conditions, unless the context requires otherwise:
1.1 'Buyer means the person who buys or agrees to buy the Goods from the Seller;
1.2 '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;
1.3 'Goods' means the articles which the Buyer agrees to buy from the Seller;
1.4 ‘Price' means the price for the Goods including VAT but excluding carriage, packing, insurance and VAT;
1.5 ‘Seller' means SafePlayUK Limited (Company Number 9631664) whose registered office is situated at Globe House, Eclipse Park, Sittingbourne Road, Maidstone, Kent ME14 3EN.
2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 A Contract shall come into effect:-
2.3.1 When the Seller responds by sending an email to the Buyer on the Seller receiving from the Buyer an order using the website specifying the Goods the Buyer wishes to purchase or
2.3.2 If the Buyer has requested not to receive a confirmatory email on the Seller entering the Buyers order in the Sellers order book after receiving the Buyers order using the website specifying the Goods the Buyer wishes to purchase
2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.5 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 Price and payment
3.1 The Price shall be the Seller's quoted price. The Price is inclusive of VAT (where applicable) which shall be due at the rate ruling on the date of the Seller's invoice.
3.2 Payment of the Price shall be made by PayPal, or debit or credit card upon ordering the Goods or by cheque payable to the Seller to be received by the Seller within 7 days of the date of the order for the Goods.
3.3 The Goods shall not be delivered until they have been paid for in full.
4 The Goods
The quantity and description of the Goods shall be as set out in the Buyers order submitted by completing the order form on the Sellers website or Ebay.
5 Warranties and liability
5.1 In respect of new Goods the Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. All other warranties, (save for manufacturers warranties), conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law
5.2 In respect of used or second hand Goods the Seller has used reasonable endeavours accurately to describe the condition of the Goods including any known defects but gives no warranty as to the condition of the Goods and shall not be deemed to have carried a detailed examination of any mechanical electrical or other component. All other warranties conditions or terms relating to fitness for purpose quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
6 The Seller
The seller shall be entitled to reject the Buyers offer to purchase all or any of the Goods.
7 Delivery of the Goods
7.1 Delivery of the Goods shall be made to the address specified by the Buyer by post or courier as specified by the Buyer in the order and at the Buyers expense at the cost specified on the Sellers website.
7.2.1 The Goods will normally be dispatched within 5 working days of receipt of the order or of receipt of payment for the Goods whichever is the later
7.2.2 Time shall not be of the essence and no warranty is given as to the date of delivery
7.3 The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery
8 Acceptance of the Goods
8.1 The Buyer shall be entitled to return the Goods to the Seller at any time within 14 days of delivery to the Buyer in the same state and condition that the Goods were in at the time of delivery provided they are returned with their original packaging at the expense of the Buyer. Upon receipt of the Goods in such condition the Seller shall refund the Buyer the purchase price of the Goods less the cost of packing and delivery (subject to clause 8.2)
8.2 In the event that any new Goods are faulty upon delivery to the Buyer or any used or second hand goods did not accurately fit the description made by the Seller the Seller shall reimburse the Buyer the sum charged by the Seller for delivery, and the Buyers reasonable costs of returning the Goods to the Seller so far as they do not exceed the costs incurred by the Seller in despatching the Goods to the Buyer.
9 Title and risk
9.1 Title shall pass on delivery of the Goods
9.2 Risk shall pass on delivery of the Goods
10 The Seller
The seller shall be under no liability whatever to the Buyer for any indirect loss and or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this Contract
11 Breaching of Contract
In the event of any breach of this Contract by the Seller the remedies of the Buyer shall be limited to damages. Save as prevented by statute from limiting liability under no circumstances shall the liability of the Seller exceed the price paid for the Goods
12 Remedies of Buyer
12.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
12.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
12.3 The Seller shall not be liable to the Buyer for late delivery of the Goods.
12.4 The Buyer shall be entitled to rely upon any Guarantee (if any) supplied by the manufacturer of new Goods but no guarantee is given in respect of used or second hand Goods
12.5 Save as permitted by law the Buyers statutory rights are not affected by these terms and conditions.
13 Proper law of contract
This contract is subject to the law of England and Wales.
14 Third Party Rights
For the purpose of the Contract (Rights of Third Parties) Act 199 it is agreed that nothing in this Agreement shall confer on any third party any right to enforce or any benefit of any term of this Contract
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