- Terms & Conditions
Terms & Conditions
Contract of Sale - Terms and Conditions
Please read these terms and conditions ("Agreement") carefully: they govern your use of the website sandtony.co.uk and any and all related sub-domains ("Site") and they apply to any purchases made by you, and any sale made by us, of the goods described on this Site. If you do not wish to be bound by this Agreement, you must not use the Site or order any goods from us.
In this Agreement, "Sandtony Consulting", "we", "our" and "us" means Sandra Shemilt (Partner) and Anthony Shemilt (Partner) trading as Sandtony Consulting whose principal office is at 15 Fair-Green Road, Baldwins Gate, Newcastle-under-Lyme, Staffordshire, ST5 5LS.
"User", "you" and “your” mean any user of the Site including any User who makes a purchase through the Site (a "Buyer").
“Goods” means the computer hardware and software products sold by us to you including packaging, manuals and any other ancillary components or documents.
“Business customer” means any person who buys goods from us for purposes which are related to his trade, business or profession.
2.1 We reserve the right to modify this Agreement. We may notify you of such changes by any reasonable means, including by posting the revised version of this agreement on the Site. You can determine when we last changed this agreement by referring to the 'LAST UPDATED' statement below.
2.2 We will keep a record of this Agreement and the dates of any changes made and we recommend that you print and keep a copy of this Agreement for your own records.
3. Your order
3.1. Your placing of an order is an offer by you to purchase goods and no contract of sale exists between you and Sandtony Consulting until we have received and accepted your order and we have received payment in full (cleared funds)
3.2 An acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until we have shipped your order.
3.3 Orders shall be accepted at our sole discretion but are normally accepted if the goods is/are available, the order reflects current pricing, you are based in a country to which we are currently able to sell/deliver and your chosen accepted payment method is authorised for the transaction.
3.4 The description and price of the goods you order will be as shown on our site at the time you place your order and shall be exclusive of: i) any delivery charges which will be indicated to you during the ordering process, and ii) customs or import charges applicable to your delivery address.
3.5 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we 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 chosen accepted payment method for the goods.
3.6 Every effort is made to ensure that prices shown on our Site are accurate at the time you place your order. If an error is found, we 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 we do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your chosen accepted payment method for the goods.
4.1 Payment for the goods can be made byCredit/Debit card, Bank Transfer, Cheque or Postal Order and time is of the essence for payment.
4.2 Payment should be made 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 us to you.
5.1 All goods will be delivered to the address specified in your order. However, there are some countries to which we are unable to deliver, if we are unable to deliver to the country of your address we with notify you as soon as possible and will refund any monies paid.
5.2 We will endeavour but do not guarantee to process and dispatch orders that are received before 2pm with cleared funds the same working day as per the requested delivery option provided no additional security checks are required and all stock goods are available. (A working day is any day other than weekends and bank or other public holidays.)
5.3 Following the shipment of the order from us, you will receive an e-mail specifying the delivery information as appropriate for your parcel which you can use to track the parcel on the website of the designated courier where available..
5.4 If delivery cannot be made to your address for reasons under our control we 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 chosen accepted payment method for delivery.
5.5 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to us, we may:
5.5.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
5.5.2 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.
5.6 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your chosen accepted payment method for the goods, less any expenses incurred for failed delivery.
5.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
5.8 Time for delivery shall not be of the essence. The goods may be delivered by us in advance of the quoted delivery date.
6. Risk and Ownership
6.1 All risk in the goods you order (including risk of loss and/or damage to the goods) shall pass to you when they are delivered to the delivery address specified in your order.
6.2 You will only own the goods once they have been successfully delivered and when we have received cleared payment for them in full. Until that time we will retain title to the goods.
7. Title for Business Customers
7.1 If you are a business customer until ownership of the goods has passed to you, you must:
7.1.1 store the goods (at no cost to us) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as our property;
7.1.2 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 our behalf for their full price against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
7.1.3 hold the proceeds of the insurance referred to in condition 8.1.2 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
7.2.1 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
7.2.2 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
7.2.3 you encumber or in any way charge any of the goods.
8. Faulty or Incorrectly Delivered Goods
8.1 You must inform us in writing by letter or via email at email@example.com of any incorrectly delivered or faulty goods as soon as possible, and at the latest within 30 days of receipt of the goods giving details of the goods, their delivery and, in the case of a fault, as much information about the fault as possible to help enable us to determine the most appropriate remedy for your case.
8.2 Should we ask you to return the goods to us or to send them on to a 3rd party we will refund to you the reasonable cost of you doing so.
8.3 We will provide a full refund including delivery costs for a faulty or missing goods or, where requested by you, we can send a replacement subject to availability.
8.4 Should you report goods to be faulty, in the event of there being no fault found we reserve the right to charge you for i) delivery charges, ii) inspection fees iii) restocking fees, and iv) any other reasonable and applicable costs.
9. Cancellation and returns policy
9.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods, subject to section 9.7.
9.2 To exercise your right of cancellation, you must give written notice to us by letter or via email at firstname.lastname@example.org, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
9.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us, immediately, at your own cost. The goods must be returned to the address above. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. We reserve the right to charge you for any such loss or damage.
9.4 We advise you to return items by recorded delivery or by any other means that shows proof of the return.
9.5 Once you have notified us 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 chosen accepted payment method for the goods.
9.6 If you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
9.7 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.
10. Limitation of Liability
10.1 Our 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.
10.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
10.3 If you are a business customer we 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.
11. Privacy and Data Protection
11.1 We will take all reasonable precautions to protect your personal information including your order and payment details but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
12.1 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
12.2 You may not assign, sub-license, or otherwise transfer any of your rights under this Agreement.
12.3 A person who is not a party to this Agreement shall have no right under the UK's Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
13. Governing law
13.1 This Agreement (and any non-contractual disputes arising under it) shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
Last UPDATED: 5th April 2013