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TERMS AND CONDITIONS OF SALE - SAXEN LTD

www.saxen.co.uk
     
Welcome to Saxen Ltd.
By accessing this website you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this website. The www.saxen.co.uk website is provided solely for your personal use. You may not use this website for any commercial purpose.


1.0    DEFINITIONS

1.1   "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2   "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3   "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4   "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5   "Seller" means Saxen Ltd of Riverbank Mill, 2 Stoneygate Road, Newmilns, Ayrshire, KA16 9AJ that owns and operates www.saxen.co.uk

1.6   "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7   "Website" means www.saxen.co.uk

2.0   CONDITIONS

2.1   Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

2.2   These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3   Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4   Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5   Any complaints should be addressed to the Seller's address stated in clause 1.5.

3.0    ORDERING

3.1   All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2   Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

3.3   When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in FAQ Section.

4.0    PRICE AND PAYMENT

4.1   The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price is inclusive of delivery charges to UK Mainland only. We do not deliver to locations ouside UK Mainland.

4.2   The total purchase price and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.

4.3   After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4   Payment of the price and delivery charges must be made in full before dispatch of the Goods.

4.4   In the case of consumer sales, payment of the price and delivery charges must be made in full before dispatch of the Goods.

4.5   In the case of other sales, payment of the price and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.

4.6 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above the base rate of the Bank of England from time to time in force.

5.0   RIGHTS OF SELLER

5.1   The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2   The Seller reserves the right to withdraw any goods from the Website at any time.

5.3   The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6.0   AGE OF CONSENT

6.1   Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2   If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7.0   WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.

8.0   DELIVERY

8.1   The delivery period is generally referred to as the period between the order and the arrival of the goods with the customer. The delivery period is stated below each product on our website and additional information is stated in the "Extra Info" tab within the product.

8.2   We do not deliver to locations outside UK Mainland. Delivery is to ground floor/reception only unless otherwise stated. Please contact us if you require a delivery location other than ground floor.

8.3   Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund (not applicable for made to order products/see item 9 below re cancellation of made to order products).

8.4   The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.5   Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.  Please note that we reserve the right to pass on the courier costs for failed deliveries.  Products may be despatched from various regional distribution centres, therefore some orders with multiple items may not all arrive at the same time

8.6   Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

9.0   CANCELLATION AND RETURN

9.1   The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing or other durable medium within 7 working days of delivery (send to Saxen Ltd, 2 Riverbank Mill, Newmilns, Ayrshire, KA16 9AJ or email returns@saxen.com).  if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

9.2   Where a claim of defect or damage is made, our policy is to repair or send a replacement part.  Where this is not possible, the Goods shall be returned by the Buyer to the Seller's agreed location. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. Goods must be returned in the original packaging and securely sealed.

9.3   If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller in writing or other durable medium within 7 working days, beginning the day after delivery of the Goods. You will be asked, however, to pay the cost of the return postage to our distribution centre or for the collection charge by our courier - prices dependant on weight and size of product, prices available on request.  Goods must be unused and in a re-saleable condition and returned with the original packaging. The cancellation request should be made in writing and sent to Saxen Ltd, Riverbank Mill, 2 Stoneygate Road, Newmilns, Ayrshire, KA16 9AJ or by email to returns@saxen.com.

9.4   Collection of Goods to be returned will be arranged by Saxen Ltd. The Buyer will receive a refund of all monies paid for the Goods (less the cost of courier collection where applicable) within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

9.5   Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.

9.6   If you decided to cancel your made-to-order product (a made to order product is defined as a product where you have selected a specific fabric which has been ordered and cut to size to cover the product you have chosen) for any reason, it is unlikely that we could sell it to another customer at full selling price. We will therefore charge a cancellation fee of 20% of the order price - this applies to all made to order products when the order is cancelled after 24 hours of placing the order. Made to order products cannot be returned after delivery. Our usual refund policy does not apply to this type of made-to-order products, which cannot be returned or exchanged unless faulty. Neither of the above conditions affect your statutory rights when goods are faulty, or not as described.

10.0  TECHNICAL DESCRIPTION AND DATA

Such descriptions whilst given as a guide, in good faith, are subject to alteration by the seller without notice. In particular all weights and dimensions are approximate only. All maximum load capacities stated are for evenly distributed loads only

11.0  LIMITATION OF LIABILITY

11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.

12.0  WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

13.0  FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

14.0  SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

15.0  CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

16.0  GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

17.0  DISCLAIMER

While Saxen Limited do everything possible to make sure the information contained on this website is correct and up to date, Saxen take no responsibility for errors that may occur in this literature and reserve the right to alter product specification without prior notice.

Colours and textures are an approximation only and cannot be expected to truly represent the actual colours of the chairs and Workstations due to the colour limitations of the internet.  If you are unsure, please request a wood or fabric sample before placing your order.

 

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