1. An order for products placed by you, the buyer through the ‘Geoff Stocker’ website shall be subject to these terms and conditions.
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer.
4. All orders for products shall be deemed to be an offer by you, the buyer, to purchase products pursuant to these terms and conditions.
5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the online order form and we will not be obliged to accept an order unless all details requested have been entered correctly.
6. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e-mail.
7. The products may differ slightly from the images shown on the website.
PRICE AND PAYMENT
8. The price of the products will be the price quoted on the website at the date the order is received and will include VAT.
9. Delivery costs are included in the price for UK and Ireland but an additional shipping charge of £12.95 is added for orders to selected destinations in Europe and the Rest of the World.
10. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).
11. In the unlikely event of there being such an increase in the price of the products you, the buyer, shall be entitled to cancel the order at any time before delivery.
12. When we provide any products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account or PayPal account provided by you on the website online order form.
13. By placing an order, you, the buyer, consent to payment being charged to your credit card account or PayPal account as provided.
14. Title to the products will pass to you, the buyer, on payment in full of the price of the products.
15. We will issue you with an electronic receipt to your email address once the transaction is completed and will send you a further email once the products have been dispatched.
16. The products will be delivered to you, the buyer, at the address provided by you on the online order form.
17. The risk in the products shall pass to you upon such delivery taking place.
18. Any dates quoted for delivery of the products are approximate only and we shall not be liable for any delay in delivery of the products however caused. If however we are unable to deliver your products by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place.
19. In addition to shipping to the UK and Ireland we are able to deliver to selected locations in Europe and Scandinavia, to all states and provinces in USA and Canada and to Australia and New Zealand.
22. You, the buyer, warrant that all details provided on the online order form for the purpose of purchasing the products are correct, that the credit card or PayPal account you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the products.
LIMITATION OF LIABILITY
23. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
23.1.1 Act of God, explosion, flood, tempest, fire or accident;
23.1.2 War or threat of war, sabotage, civil disturbance or requisition;
23.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
23.1.4 Import or export regulations or embargoes;
23.1.5 Strikes, lock outs or other industrial actions or trade disputes;
23.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
23.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way,we accept no liability to compensate you for any loss or damage caused by failure to perform.
24. Except where you, the buyer is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the products.
25. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.
26. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
27. All drawings, photographs, descriptive matter and specifications of the products on the website are for the sole purpose of giving an approximate description of the products.
28. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
INTELLECTUAL PROPERTY RIGHT AND RIGHT TO USE
29.You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensor. You are permitted to use this material only as expressly authorized by us or our licensor.
30. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only.
33. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party) to commercially exploit or create derivative works of such material and content.
34. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
35. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
36. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
37. The headings in this Agreement are for convenience only and will not affect their interpretation.