1. INTERPRETATION
1.1 In these conditions 'BUYER' means the person who accepts a quotation of
the Seller for the sale of the Goods or whose order for the Goods is accepted by
the Seller.
"GOODS" means the goods (including any installment of the goods or any parts for
them) which the Seller is to supply in accordance with these Conditions
"SELLER" means Comzign whose registered office is at
Beacon House,
Pyrford Road,
West Byfleet,
Surrey, KT14 6LD
Reg. No. 3941136
"CONDITIONS" means the standard terms and conditions of sale set out in this
document and (unless the context otherwise requires) including any special terms
and conditions agreed in writing between the Buyer and the Seller
"CONTRACT" means the contract for the purchase and sale of the Goods
"WRITING" includes facsimile transmission, electronic mail and comparable means
of communication.
1.2 Any reference in the Conditions to any provision of a statute shall
be construed as a reference to that provision as amended, re-enacted or extended
at the relevant time.
1.3 The headings in these conditions are for convenience only and shall
not affect their interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the contract with the Supplier up
to 7 business days from the date after receipt of the goods. The consumer is
under a duty to restore goods to the supplier and in the mean time take
reasonable care of them. The consumer must pay for the safe return of the goods
to the Supplier, where the consumer does not return the goods then the consumer
must pay the Supplier all reasonable charges to recover them.
The Supplier may deduct the cost of collecting the goods from any refund if the
consumer fails to return the goods.
The contract may only be cancelled in writing, either by fax or email, a
telephone call is not enough.
Where a consumer exercises the right to cancel under the cooling off period, the
goods should be returned or be available for collection with 5 days of the
notice being given.
Where the Seller has dispatched goods to the Buyer but the goods are not
delivered (due to the Buyer either refusing to accept or not be available to
take delivery) then the Seller shall refund the cost of the goods minus any
reasonable charges in recovering the goods.
3. ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to be accepted by the
Seller unless payment has been taken by the Seller.
3.2 The quantity, quality and description of and any specification for
the Goods shall be those set out in the Seller's quotation (if accepted by the
Buyer) or the Buyer's order (if accepted by the Seller)
3.3 Any order that has been accepted by the Seller may be cancelled
before delivery or after delivery under the Distance Selling Regulations.
Cancellations must be made in writing by fax, email, writing to our office.
Notification by phone is not sufficient.
3.4 Any amendments or cancellations to orders must be received in writing
by either fax/email. If no written confirmation is received then no changes will
be made to the order and goods will be delivered as per the order.
3.5 Orders placed before 4:30pm on a business day will be processed that
day.
4. PRICE OF GOODS
4.1 The price of the goods shall be the sellers quoted price on the website.
Buyers shall make an offer to purchase the goods from the Seller by placing an
order on the website. This offer to purchase does not constitute the sellers
acceptance to supply the goods at the price shown. The contract shall be made at
the point where the Seller takes a payment from the Buyer in total. Where there
are delays in taking payment the price of the goods cannot be guaranteed. The
Seller will notify the buyer within 48 hours if the offer to purchase is not
accepted.
4.2 Except as other wise stated under the terms of any quotation or in
any price list of the Seller, and unless otherwise agreed in Writing between the
Buyer and the Seller, all prices are given by the Seller on an ex works basis,
and where the Seller agrees to deliver the goods otherwise than at the Seller's
premises, the Buyer shall be liable to pay the Seller's charges for the
transport, packaging and insurance.
5. TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods until the Buyer has
paid for them. Payment shall be due before the Delivery date and time for
payment shall be of the essence.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods once a reasonable period
of time has elapsed from date of delivery.
6.2 If the goods are thought to be defective after a reasonable period of
time has elapsed then a replacement or repair may be offered if the goods are
indeed found to be defective.
7. DELIVERY
7.1 The Seller shall make delivery of the Goods to the Buyer as agreed by
the Seller.
7.2 Any dates quoted for delivery of the Goods are approximate only and
the Seller shall not be liable for any delay in delivery of the Goods however
caused. Time for delivery shall not be of the essence of the Contract unless
previously agreed by the Seller in writing. The Goods may be delivered by the
Seller in advance of the quoted delivery date.
7.3 The Seller may elect to deliver the Goods on different days by
different couriers. The Seller in the interests of convenience to the Buyer will
keep these instances to a minimum.
7.4 If the Buyer fails to take delivery of the Goods or fails to give the
Seller adequate delivery instructions at the time stated for delivery (otherwise
than by reason of any cause beyond the Buyer's reasonable control or by reason
of the Seller's fault) then, without prejudice to any other right or remedy
available to the Seller, the Seller may:
7.4.1 store the Goods until actual delivery and charge the Buyer for the
reasonable costs (including insurance) of storage; or
7.4.2 sell the Goods at the best readily available obtainable and (after
deducting all reasonable storage and selling expenses) account to the Buyer for
the excess over the price under the Contract or charge the Buyer for any
shortfall below the price under the Contract.
7.5 The Goods shall be delivered to the Buyer at the Buyer's address. The
risk on the Goods shall pass to the Buyer upon such delivery taking place.
8. WARRANTIES AND LIABILITY
8.1 All goods purchased will be supplied with a 12 month guarantee. (Unless
Otherwise Stated). In cases where the manufacturer has setup a direct warranty
relationship with the End User then that procedure will be applied.
8.2 All Goods to be returned must first have the authorisation of the
Seller. Please see our GOODS RETURNS PROCEDURE under the SHIPPING
section. Failure to obtain such authorisation may result in the rejection of the
return.
8.3 In the event that the manufacturer is replacing or repairing the
Goods and the Seller receives these Goods back from the manufacturer, the Seller
shall immediately dispatch those Goods at his own cost to the Buyer.
8.4 The Seller shall be under no liability in respect of any defect
arising from fair wear and tear, willful damage, negligence, abnormal working
conditions, misuse or alteration of the Goods without the Seller's approval.
8.5 Any claim by the Buyer which is based on any physical damage or
defect in the quality or condition of the Goods or their failure to correspond
with specification shall (whether or not delivery is refused by the Buyer) be
notified to the Seller within 7 business days from the date of delivery or
(where the defect or failure was not apparent on reasonable inspection)within a
reasonable time after discovery of the defect. If delivery is not refused and
the Buyer does not notify the Seller accordingly, the Buyer shall not be
entitled to reject the Goods and the Seller shall have no liability for such
defect or failure and the Buyer shall be bound to pay the price as if the Goods
had been delivered in accordance with the Contract. * We urge our customers to
sign for goods as "contents not checked" * if it is not possible to check the
goods whilst in the presence of the delivery driver.
8.6 Where, any valid claim in respect of any of the Goods which is based
on any defect in the quality or condition of the Goods or their failure to meet
specification is notified to the Seller in accordance with these Conditions, the
Seller shall be entitled to replace the Goods (or the part in question) free of
charge or refund to the Buyer the price of the Goods (or a proportionate price
of the price), but the Seller shall have no further liability to the Buyer.
Where a replacement unit is available a refund will only be offered within 30
days. Where a refund is requested the item(s) must be returned to the Seller
within 30 days.
8.7 Any item(s) returned to Comzign will only be accepted if a valid RMA
number is clearly marked on the outside of the package. Any item(s) returned
without a valid RMA number on the outside may be refused.
9. CONFIDENTIALITY
9.1 The Buyer hereby acknowledges and confirms that the Buyer shall keep
confidential all information of a secret or confidential nature (except for that
which is already in the public domain) in relation to the Seller or the Seller's
business which is disclosed to it or its advisors by the Seller or its advisors
and will not without the Seller's consent divulge such information.