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Conditions of Use

Definitions

  1. "Business Customer" means a customer who is not a Consumer.
  2. "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
  3. "T-Chest" means The T-Chest also referred to as "we" or "us" in these terms and conditions.
  4. "Catalogue" means the catalogue of products and services offered by the T-Chest.
  5. "Force Majeure" means any cause affecting the performance by the T-Chest of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
  6. "Normal Working Hours" means 10 am to 5:30 pm on a Working Day.
  7. "Working days" means Monday to Friday, excluding Bank or other Public holidays.


Please not that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.

Orders

  1. All contracts of sale made by The T-Chest shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom The T-Chest is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
  2. All orders are subject to acceptance and to availability of the goods ordered: The T-Chest is entitled to refuse any order placed by you.
  3. You undertake that:
    1. all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
    2. the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
  4. Please note, The T-Chest may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.

Prices

  1. Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
  2. The T-Chest reserves the right to modify the prices from time to time.

Delivery, Title and Risk

  1. The T-Chest shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
  2. In the case of a Business Customer, if The T-Chest is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to The T-Chest in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to The T-Chest after the above date but before delivery of the goods or notification from The T-Chest that the goods are ready for delivery. This Clause does not apply to Consumers.
  3. In the case of Business Customers, The T-Chest does not accept liability for shortages or damage to deliveries unless the Customer notifies The T-Chest of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
  4. Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
  5. Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
  6. Title in the goods does not pass to the Customer until payment is received in full by The T-Chest.
  7. If the Customer cannot accept delivery, The T-Chest may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that The T-Chest may charge the Customer for the additional delivery costs incurred.

Payment

  1. Payment is due before shipment.

Product specifications

  1. The T-Chest makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
  2. If The T-Chest cannot supply the goods ordered by the Customer, The T-Chest reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to The T-Chest in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

Warranties and Returns


Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 13.

  1. The T-Chest is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
  2. Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty.
  3. If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
  4. Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), The T-Chest does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and The T-Chest can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.
  5. In the event that The T-Chest, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with The T-Chest's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a handling fee of 15% of The T-Chest's sale price for the goods, or £20, whichever is the greater.
  6. Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
    1. The T-Chest's Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorized product returns must be sent to:
      The T-Chest
      Unit 98 Battersea Business centre
      99-109 Lavender Hill
      London
      SW11 5QL
    2. All returned goods (except those returned under Clause 13) must be accompanied by The T-Chest's original Invoice.
    3. The T-Chest cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
    4. Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
    5. If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 13.
    6. Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
    7. This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
    8. No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.

The T-Chest's liability

  1. In its dealings with Business Customers, The T-Chest shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). The T-Chest's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
  2. Nothing in this agreement shall limit The T-Chest's liability for death or personal injury caused by its negligence.

Health and Safety

  1. The T-Chest confirms that the goods it supplies as a distributor do not present a hazard to health and safety
    1. when properly used for the purpose for which they are designed; and
    2. if the Customer takes reasonable and normal precautions in their use.

Force Majeure

Where, in spite of its reasonable efforts, The T-Chest is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

The Consumer Protection (Distance Selling) Regulations 2000

  1. Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the The T-Chest website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
  2. If the Regulations apply, Customers may cancel goods purchased from The T-Chest by sending a written notice of cancellation by post or hand delivery addressed to†
    The T-Chest
    Unit 98 Battersea Business centre
    99-109 Lavender Hill
    London
    SW11 5QL
    tel 020 7223 3366
    or by e-mail to sales@t-chest.co.uk
  3. The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
  4. The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to The T-Chest, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
  5. The Customer is under a duty to retain possession of the goods whilst awaiting return to The T-Chest and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

Errors and Omissions

  1. The T-Chest makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, The T-Chest will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. The T-Chest's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by The T-Chest after the manifest error has been discovered.
  2. A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by The T-Chest which is more than 10% less than the price that would have been quoted had the mistake not been made.

General

  1. Nothing in these terms and conditions affects your statutory rights as a Consumer.
  2. If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
  3. Any waiver of a breach of this Agreement must be in writing.
  4. Any variation of this Agreement must be in writing and signed by a duly authorised T-Chest official.
  5. The headings are for convenience only and shall not affect the interpretation of this Agreement.
  6. Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
  7. These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
  8. The T-Chest may at its discretion record telephone transactions for staff training and quality control purposes

Links to Third Party Sites

  1. The linked sites are not under the control of the The T-Chest and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The T-Chest is not responsible for webcasting or any other form of transmission received from any linked site. The T-Chest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The T-Chest of the site

Company Details

  1. The T-Chest
    Unit 98 Battersea Business centre
    99-109 Lavender Hill
    London
    SW11 5QL

    E-mail: sales@t-chest.co.uk
    Phone:
    Non-UK residents: +44 (0)20 7223 3366
    UK residents only: 20 7223 3366

© The T-Chest, 2009. All Rights Reserved.
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