In this Contract:
The following terms shall have the following meanings:
Affiliate has the meaning given to the term “associate” in Section 435 of the Insolvency Act 1986; and
Buyer the customer of Seller or who place an order.
This Contract together with these Terms with any further applicable terms that the parties agree in writing, plus:
(a) The relevant Order Acknowledgement (if any); or
(b) (if no Order Acknowledgement) the terms of the relevant Order;
Order Buyer’s request to Seller for the provision of particular Products;
Order Acknowledgement the written communication dispatched by Seller to Buyer containing the particular details of any supply of particular Products;
Products Seller’s products provided or to be provided by Seller to Buyer pursuant to this Contract;
The Seller EUROPA TRADING GROUP LTD is registered at Companies House in UK. Company registration number 08949331. VAT number GB415487780. Registered address: Building 2 Fern Street, Bury, Lancashire, BL9 5BP.
- Agreement:
2.1 The terms of this Contract apply to the exclusion of any terms and conditions submitted, proposed or stipulated by Buyer. Buyer’s delivery instruction or acceptance of delivery or collection of the Products constitutes Buyer’s unqualified acceptance of these Terms.
2.2 This Contract operates to the entire exclusion of any other agreement, understanding or arrangement of any kind between the parties preceding this Contract and in any way relating to the subject matter of this Contract and to the exclusion of any representations not expressly stated herein except for any fraudulent misrepresentations or any misrepresentation as to a fundamental matter. Neither party has entered into this Contract based on any representation not expressly incorporated herein.
2.3 This Contract constitutes the whole agreement and understanding of the parties as to the subject matter hereof and no provisions, terms, conditions or obligations, whether oral or written apply, express or implied, other than those contained or referred to herein.
2.4 This Contract shall be legally formed and the parties shall be legally bound when Seller despatches its Order Acknowledgement to Buyer confirming the terms on which the parties have agreed to proceed, or (if no Order Acknowledgement) when Seller confirms the Products agreed in the Order are ready for delivery, collection or such other acceptance of Order (such as oral or email) as the parties agree.
2.5 The quantity, description, price and delivery details of the Products are as stated in the Order Acknowledgement or, if no Order Acknowledgement, as otherwise agreed by Seller.
- Cancellation rights & Right to return goods:
3.1 If for any reason you like to cancel your order, it is your right and this occasion would be in two cases unless the items are not refundable, see further below:
3.2 Before dispatching order: If you cancel your order before dispatching order, you will be charged for warehouse restocking charges (£25.00 or 20% of total invoice value (whichever is greater)).
3.3 After dispatching order: If you cancel the order after dispatching order, you will charge for delivery charges (Both Pick up & Return cost) plus to restocking warehouse charges (£25.00 or 20% of total invoice value (whichever is greater)).
3.4 Product’s excluded from refund policies include, but are not limited to, the following:
Unfortunately, we will not be able to offer refunds or exchanges on certain products, unless the products are faulty or broken these include:
* Consumables and perishable products, including; bottled water, foods, beverages or pet foods that deteriorate or expire.
* Products included in health and hygiene, including; deodorant & fragrances, air fresheners, underwear, unsealed food and drink.
* Any unsealed or opened electrical accessories, including; batteries, cable and charger cables.
* Any item which mentions non-refundable on any sales agreement, document, email or our website.
- Reservation of title
Any goods delivered or collected shall remain our property until they have been paid for in full.
4.1 Notwithstanding delivery, title to and ownership of the Products shall not pass to Buyer until Payment. Payment is when:
4.1.1 Seller has received in full (in cleared funds) all sums due to it in respect of the Products;
4.1.2 Seller has received in full (in cleared funds) all other sums which are or which become due to Seller from Buyer on any account; and
4.1.3 Seller and Seller’s Affiliates have received in full (in cleared funds) all other sums which are or which become due to Seller and Seller’s Affiliates from Buyer and Buyer’s Affiliates on any account.
4.2 Until Payment, Buyer shall:
4.2.1 Hold the Products on a fiduciary basis as Seller’s bailee;
4.2.2 Hold the Products in good, saleable condition;
4.2.3 Keep the Products fully insured with a reputable insurance company for the full price against all risks of loss or damage from the time when risk passes to Buyer until property passes. On request, Buyer shall produce the policy of insurance to Seller. If the Products are lost, damaged or destroyed, Buyer shall hold the proceeds of insurance for and to the order of Seller pending Payment;
4.2.4 Keep an up-to-date list of the location of Seller’s property and present this to Seller upon request; and
4.2.5 Store the Products separately from other goods or in any way so that they remain readily
identifiable as Seller’s property.
4.3 Buyer may resell the Products before Payment solely on the following conditions:
4.3.1 any sale shall be effected in the ordinary course of Buyer’s business at full market value;
4.3.2 any sale shall be a sale of Seller’s property on Buyer’s own behalf and Buyer shall deal as principal when making the sale;
4.3.3 Buyer shall keep the proceeds of sale separate from any money or property of Buyer or third parties; and
4.3.4 Buyer shall still be responsible for paying to the full value of the Payment.
- Content:
5.1 ALAM TRADING LTD make no representations about the suitability of the content, material or information contained in the pages, documents, downloads and graphics published on the web sites (“Content”) for any purpose. All Content is provided on an “as is” basis without warranty of any kind. ALAM TRADING LTD hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and non-infringement.
5.2 While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free. The Content could include technical inaccuracies, and typographical or photographic errors (all images are used for display purposes only). We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions.
5.3 Changes are regularly made to the Content. ALAM TRADING LTD may make improvements and/or changes to the Services and/or the Content at any time without notice.
5.4 Other than in accordance with these terms and conditions or with the prior written consent of ALAM TRADING LTD
, you may not modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.
6. GENERAL:
6.1 By accepting these Conditions, we each agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to sales under these Conditions. These Conditions shall be governed by and construed according to the laws of England and the courts of England shall have exclusive jurisdiction.
6.2 By placing an order with us, by whatever means, you confirm that you are doing so in the course of business and have the authority to bind any business on whose behalf you place an order.
6.3 By placing an order with us, by whatever means, you confirm you agree to our terms and conditions of business as listed above which are subject to change.
6.4 By placing an order with us, by whatever means, You acknowledge or are deemed to acknowledge that You are fully aware of these Conditions and are offering to contract on the basis of these Conditions. All orders
6.5 Only binds us when we accept them and are accepted subject to the availability of stocks. Our price list is not an offer, and any current price list replaces all previous price lists.