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Terms & Conditions Consumer

1. Interpretation

1.1 Definitions:

  • Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

  • Conditions: the terms and conditions set out in this document.

  • Contract: the contract between Dening & Co and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

  • Customer: the person whom purchases the Goods from Dening & Co.

  • Dening & Co: Thomas Dening and Samantha Nutt of Shutteroaks Cottage, Hinton Road, Crewkerne TA18 7TQ trading as Dening & Co.

  • Delivery Fee: the fee payable by the Customer to Dening & Co for delivery of the Goods to the Location.

  • Goods: the goods (or any part of them) set out in the Order.

  • Location: the Customer’s premises, Dening & Co’s premises or such other location for delivery as outlined in the Order.

  • Order: the Customer's order for the Goods, as set out overleaf.

1.2. Interpretation:

  • A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

  • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

  • A reference to writing or written includes fax and email.

2. Basis of contract

  1. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

  2. The Order shall only be deemed to be accepted when Dening & Co issues a written acceptance of the Order, at which point the Contract shall come into existence.

3. Goods

  1. The Goods are described in Dening & Co's catalogue.

  2. Dening & Co may change the Goods to reflect changes in relevant laws and regulatory requirements, and Dening & Co shall notify the Customer in any such event.

4. Delivery

  • Dening & Co shall ensure that:

  • confirmation is provided as to the date of the Order, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered before or at the point of delivery; and

  • if Dening & Co requires the Customer to return any packaging materials to Dening & Co, that fact is clearly stated on the invoice. The Customer shall make any such packaging materials available for collection at such times as Dening & Co shall reasonably request. Returns of packaging materials shall be at Dening & Co's expense.

  1. Subject to payment by the Customer of the Delivery Fee, Dening & Co shall deliver the Goods to the Location. If the Customer does not pay the Delivery Fee, the Customer shall collect the Goods from the Location within three Business Days of Dening & Co notifying the Customer the Goods are ready.

  2. Where Dening & Co are delivering the Goods, delivery is completed on the completion of unloading the Goods at the Location. Where the Customer is collecting the Goods delivery is completed on the completion of loading the Goods at the Location.

  3. Any dates quoted for delivery are approximate only, but unless agreed to the contrary the Goods will be delivered within 30 days after acceptance of the Order. Dening & Co shall not be liable for any delay in delivery or any failure to deliver the Goods that is caused by an event outside of Dening & Co’s control or the Customer's failure to provide Dening & Co with adequate access to the Location to facilitate delivery, adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

  4. If the Customer fails to take delivery of the Goods within three Business Days of Dening & Co notifying the Customer that the Goods are ready, then, Dening & Co may end the Contract in accordance with paragraph 10.

 

5. Quality

5.1. Subject to paragraph 5.2, Dening & Co warrants that on delivery, the Goods shall:

  • conform with their description;

  • be free from material defects in design, material and workmanship;

  • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

  • be fit for any purpose held out by Dening & Co.

5.2. The Goods:

  • are second hand;

  • have been refurbished, so are subject to fair wear and tear;

  • have not been tested to ensure they do not leak,  therefore no warranty or guarantee is provided that the Goods will not leak; and

  • are sold as seen.

5.3. Subject to paragraph 5.2, if:

  • the Customer gives notice in writing to Dening & Co within 30 days of delivery that some or all of the Goods do not comply with the warranty set out in  5.1, Dening & Co shall refund the price of the defective Goods in full; or

  • the Customer gives notice in writing to Dening & Co after 30 days of delivery, but within six months of delivery that some or all of the Goods do not comply with the warranty set out in  5.1, Dening & Co shall repair or replace the defective Goods.

5.4 Dening & Co shall not be liable for the Goods' failure to comply with the warranty set out in  5.1 if:

  • the Customer makes any further use of such Goods after giving notice in accordance with  5.3(a);

  • the defect arises because the Customer failed to follow Dening & Co's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

  • the Customer alters or repairs such Goods without the written consent of Dening & Co;

  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

  • the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

5.5. Except as provided in this  5, Dening & Co shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in  5.1.

5.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

 

5.7 These Conditions shall apply to any repaired or replacement Goods supplied by Dening & Co.

6. Ownership and responsibility for the Goods

  • The Customer will own the Goods and will be responsible for the Goods from on completion of delivery of the Goods.

7. Price and payment

7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in Dening & Co's published price list in force as at the date of delivery.

7.2 The price of the Goods:

  • excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to Dening & Co at the prevailing rate, subject to the receipt of a valid VAT invoice; and

  • excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.

7.3 The Customer must pay for the Goods before Dening & Co dispatches them.

7.4 The Customer shall pay each invoice submitted by Dening & Co:

  • within 7 days of the date of the invoice; and

  • in full and in cleared funds to a bank account nominated in writing by Dening & Co, and time for payment shall be of the essence of the Contract.

7.5 If the Customer fails to make a payment due to Dening & Co under the Contract by the due date, then, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this  7.5 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

7.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. Liability for loss or damage

8.1 Dening & Co shall only be responsible for loss or damage the Customer suffers that is a foreseeable result of Dening & Co breaking the Contract or its failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Dening & Co and the Customer knew it might happen, for example, if the Customer discussed it with Dening & Co during the ordering process.

8.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

  • death or personal injury caused by negligence;

  • fraud or fraudulent misrepresentation;

  • breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

  • defective products under the Consumer Protection Act 1987.

8.3 Dening & Co's total liability to the Customer shall not exceed the total charges paid for the Goods under the Contract to which the claim relates.

  • Dening & Co shall not be liable for any (a) loss of profits; (b) loss of business; (c) loss of business opportunity; or (d) business interruption.

  • This paragraph 8 shall survive the end of the Contract.

9. The Customer’s right to end the Contract

9.1 The Customer has the right to end the Contract immediately and Dening & Co will refund to the Customer in full for any Goods not provided if:

  • Dening & Co has told the Customer there is an error in the price or description of the Goods the Customer has ordered and the Customer does not wish to proceed;

  • there is a risk that supply of the Goods may be significantly delayed because of events outside of Dening & Co’s control;

  • Dening & Co has or has notified the Customer Dening & Co is going to  suspended supply of the Goods for technical reasons, in each case for a period of more than 30 days; or

  • the Customer has a legal right to end the contract because of something Dening & Co has done wrong.

9.2 If the Customer has purchased the Goods online, and the Customer has a legal right to change their mind within 14 days of receipt of the Goods and receive a refund.

9.3 Even if Dening & Co is not at fault and the Customer does not have a right to change their mind, the Customer can still end the Contract before it is completed (on delivery), by contacting Dening & Co but the Customer may have to pay Dening & Co compensation for the net costs Dening & Co will incur as a result of the Customer ending the Contract. 

 

9.4 If the Customer ends the Contract for any reason after the Customer has received the Goods, the Customer must return the Goods to Dening & Co. The Customer must either return the Goods in person to Dening & Co or allow Dening & Co to collect them. If the Customer is exercising their right to change their mind the Customer must return the Goods within 14 days of telling Dening & Co the Customer wishes to end the Contract.

9.5 Dening & Co will pay the costs of return

  • if the Goods are faulty or misdescribed; or

  • if the Customer is ending the Contract because of a change to these Conditions, an error in pricing or description, a delay in delivery due to events outside Dening & Co’s control or because the Customer has a legal right to do so as a result of something Dening & Co has done wrong. In all other circumstances (including where the Customer is exercising their right to change their mind) the Customer must pay the costs of return. 

9.6 If the Customer is responsible for the costs of return and Dening & Co is collecting the Goods, Dening & Co will charge the Customer the direct cost of collection.

9.7 Dening & Co will pay any refund the Customer is entitled to, by the method the Customer used for payment.

  1. Where the Customer is exercising their right to change their mind:

  2. Dening & Co may reduce the Customer’s refund to reflect any reduction in the value of the Goods, if this has been caused by the Customer’s handling or use of them; and

  3. the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method Dening & Co offers.  

  4. Dening & Co will make any refunds due to the Customer as soon as possible, but usually within 14 days of Dening & Co receiving the returned Goods or the Customer notifying Dening & Co they have changed their mind.

  5. Dening & Co’s right to end the Contract  Dening & Co may end the Contract at any time by writing to the Customer if:

  6. the Customer does not make any payment to Dening & Co when it is due and the Customer still does not make payment within 7 days of Dening & Co reminding the Customer that payment is due;

  7. the Customer does not, within a reasonable time of Dening & Co asking for it, provide Dening & Co with information that is necessary for Dening & Co to provide the Goods;

  8. the Customer does not, within a reasonable time, allow Dening & Co to deliver the Goods to the Customer or collect them from Dening & Co.

  9. If Dening & Co ends the Contract in the situations set out in paragraph 10.1, Dening & Co will refund any money the Customer has paid in advance for the Goods Dening & Co has not provided but Dening & Co may deduct or charge the Customer reasonable compensation for the net costs Dening & Co will incur as a result of the Customer breaking the Contract.

  10. General

  11. Dening & Co may transfer its rights and obligations under these terms to another organisation.

  12. The Customer may only transfer their rights or their obligations under the Contract to another person if Dening & Co agrees to this in writing.

  13. Dening & Co intends to rely on these Conditions and the Customer’s Order. If the Customer requires any changes, they are to ask for them to be put in writing.

  14. The Contract is between Dening & Co and the Customer. No other person shall have any rights to enforce any of its terms.

  15. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  16. If Dening & Co does not insist immediately that the Customer does something the Customer is required to do under the Contract, if Dening & Co delays in taking steps against the Customer in respect of the Customer breaking the Contract, that will not mean that the Customer does not have to do those things and it will not prevent Dening & Co taking steps against the Customer at a later date.

  17. These terms are governed by English law and the Customer can bring legal proceedings in respect of the Goods in

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