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Terms and Conditions
WEBSITE TERMS AND CONDITIONS
WELCOME TO THE EZone4 WEBSITE TERMS AND CONDITIONS FOR USE. THESE
TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
www.ezone4.co.uk. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS
OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF
YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
About Us
EZone4 are completely dedicated to your total satisfaction. If you
have any suggestions or comments please e-mail us using the link on the
store page.
Our Contact details:
EZone4
3 Cranmere Road, Exeter Rd Ind. Est, Okehampton, Devon EX20 1UE
Tel:- 05600 739068
E-mail:- admin@ezone4.co.uk
Making A Purchase from EZone4
Terms & Conditions
1. DEFINITIONS
1.1 "EZone4" shall mean EZone4 Holdings, 3 Cranmere Road, Exeter Rd Ind
Est, Okehampton, Devon EX20 1UE
1.2 "Buyer" shall mean the person, firm or company who places an order
with EZone4.
1.3 "Goods" shall mean the goods and/or services to be supplied by
EZone4.
1.4 "Price List" shall mean EZone4 price lists published from time to
time.
1.5 "Price" shall mean the sum stated to be paid by the Buyer to EZone4
for the supply of Goods together with such other sums as may be payable
to EZone4 under these Conditions.
1.6 "VAT" shall mean Value Added Tax.
2. GENERAL
2.1 The contract will be upon these Conditions which supersede all other
terms and conditions.
2.2 If the Buyer places an order for delivery of Goods this shall be
deemed to constitute unqualified acceptance of these Conditions.
3. TITLE IN PROPERTY
The property in the Goods shall remain with EZone4 until the Buyer has
paid to EZone4 the Price of all Goods supplied and all other sums owed
by the Buyer at any time to EZone4 on any ground whatsoever (including,
without prejudice to the generality of the foregoing, all sums owed to
EZone4 by the Buyer at any time in respect of any supply of goods under
any other contract).
4. CONTRACT PRICE
4.1 The price payable shall be the price shown on any EZone4 Website
Price List current at the date of acceptance of the Buyer's order,
subject to additional pre-agreed terms as notified to the Buyer in
writing.
4.2 Prices are exclusive of freight, carriage and VAT.
4.3 All Prices may be subject to alteration without notice.
4.4 Special orders placed with EZone4 may be subject to special prices
which will be given at the time of order placement and will be deemed to
be binding solely for that particular order.
4.5 All sums due under the contract are exclusive of VAT or other
similar sales taxes which shall be paid by the Buyer.
5. PAYMENT TERMS
5.1 EZone4 shall be entitled to raise an invoice for the Goods upon
delivery.
5.2 The Buyer shall pay EZone4 in full at the time of ordering. Time for
payment shall be of the essence.
5.3 Until payment in full has been received EZone4 reserves the right
to:
5.3.1 charge interest on a daily basis on all sums not received by the
due date at the rate of 2% per annum above the current base lending rate
of HSBC Bank plc whether before or after judgement;
5.3.2 withhold or suspend performance of any contractual obligation to
the Buyer without notice, while any account with EZone4 remains overdue;
5.3.3 terminate the contract if the delay in payment exceeds thirty (30)
days; and
5.3.4 Charge the Buyer for all costs incurred during the recovery of an
outstanding debt.
5.4 No payment will be deemed to have been received until
EZone4 has received it in cleared funds.
6. PASSING OF THE RISK
Risk in the Goods will pass to the Buyer upon delivery or if earlier
when they are placed at the Buyer's disposal. EZone4 shall be entitled
to make delivery by instalments in which case each instalment shall be
regarded as constituting a separate agreement to which these conditions
apply.
7. DELIVERY
7.1 Any date or period for delivery shall be considered as indicative
only and not contractually binding upon EZone4. After the Buyer's order
is accepted and the Buyer's payment has cleared we will endeavour to
deliver within five working days.
7.2 If EZone4 are delayed in the performance of the contract by any act
or default on the Buyer's part, or any industrial dispute or any
circumstance beyond our reasonable control then the Delivery Date shall
be extended by such period as may be reasonable.
7.3 Orders forwarded through third party carriers may be subject
to an additional carriage charge at the prevailing rate at the
time of despatch.
7.4 Delivery Prices are for UK Mainland only, elsewhere please contact
us.
8. ACCEPTANCE
8.1 The Buyer must upon receipt inspect all Goods and inform the courier
by marking the couriers paperwork appropriately to indicate if there is
any damage or problem with the goods on receipt. The Buyer must also
inform EZone4 by telephone on the day of receipt (or by leaving a
message on EZone4's answer phone if the office is closed) if a claim for
damage or loss in transit of the Goods is to be made. In respect of the
Buyer's obligations hereunder time shall be of the essence. In the event
of non-delivery the Buyer must give written notice to EZone4 immediately
upon whichever shall be the earlier of receipt of our invoice or, where
an estimated arrival time has been given, upon expiry of that time. NO
CLAIMS WILL BE CONSIDERED AND NO LIABILITY ACCEPTED BY EZone4 UNLESS
NOTIFICATION IS RECEIVED WITHIN THE TIME SPECIFIED UNLESS OTHERWISE
REQUIRED BY LAW. THIS DOES NOT AFFECT THE BUYER'S STATUTORY RIGHTS.
8.2 EZone4 shall in no circumstances be liable to the Buyer by reason of
any representation (unless fraudulent) or any implied warranty,
condition or other term, or any duty at common law or under the express
terms of the Agreement for any indirect or consequential loss or damage,
including in particular, loss of anticipated profits, goodwill or
reputation which arise out of or in connection with the supply of Goods
or their use by the Buyer.
9. RETURNED GOODS
At our sole discretion EZone4 may accept goods returned in a good and
re-saleable condition and in original packaging (re-packed in the manner
in which they were delivered to the Buyer) in which case a handling
charge of 25% will be payable by the Buyer when the Goods are returned.
The handling charge will be quoted as a percentage of the net invoice
value of the Goods returned.
10. DESCRIPTION
10.1 EZone4 shall as soon as is practicably possible notify the Buyer of
any proposed improvements, modifications or changes to the components or
material composition of the Goods.
10.2 The Goods are not tested or sold as fit for any particular purpose
as this will vary according to the Buyer's requirements and the Buyer
must rely on the Buyer's own skill and judgement and enquiries in
deciding whether the Goods are fit for a particular purpose. The Buyer
acknowledges that the Buyer is in the best position to make these
decisions.
10.3 All samples, drawings, descriptive matter and advertising issued by
EZone4 (or the manufacturer of the Goods) and any description or
illustration contained in our catalogues or other literature are issued
or published for the sole purpose of giving an approximate idea of the
Goods represented by or described in them. They will not form part of
the Contract and this is not a sale by sample.
11. GUARANTEE
11.1 EZone4 reserves the right where in it’s reasonable opinion a defect
in Goods is (or may be) covered by a manufacturer's warranty to direct
the Buyer to resolve any such claims directly with the manufacturer in
accordance with the manufacturer's warranty. To the extent that such
defect is covered by the manufacturer's warranty EZone4 will not be
liable to the Buyer for any damages, costs, losses or other liabilities
incurred by the Buyer in respect of such defect.
11.2 The Buyer is responsible for ensuring the Goods ordered are
suitable for the purpose for which they were required.
12. LIMITATION OF LIABILITY
12.1 Neither party shall be liable to the other for any indirect or
consequential loss or damage, loss of profit, loss of use or production
or of contracts which the other may suffer arising out of any breach by
a party of its obligations under the Contract and whether the same be
due to negligence of that party or not. Same be due to negligence of
that party or not.
12.2 Nothing in these conditions affects the Buyer's statutory
rights.
12.3 So far as such exclusion is permitted by English Law, any express
or implied condition or warranty or term statutory or otherwise as to
the quality, fitness, compliance with description, or sample of the
whole or any part of the Goods, or replacement thereof, or as to the
quality of any work or repair or replacement is hereby excluded.
13. LICENCES AND CONSENTS
If a licence or consent of any government or other authority is required
for the acquisition, carriage or use of Goods by the Buyer, the Buyer
shall obtain the licence or consent at it’s own expense and if requested
produce evidence of it to the Seller on demand.
14. HEALTH AND SAFETY
14.1 The Parties shall comply with all current Safety and Environmental
legislation in the performance of this Contract.
14.2 The Buyer shall advise EZone4 what safety requirements and
obligations apply to the Buyer's business and premises under Health and
Safety legislation or regulations.
15. TERMINATION PROVISIONS
15.1 EZone4 may terminate the Contract with immediate effect by notice
in writing to the Buyer on or at any time after the occurrence of any of
the following default events:
15.1.1 A receiver or administrative receiver is appointed in respect of
the Buyer or over all or part of the Buyer's assets or undertakings if
the Buyer becomes bankrupt;
15.1.2 The Buyer announces that it has ceased to trade or intends to
cease to trade;
15.1.3 The Buyer suspends payments of their debts or is unable to pay or
admit or state their inability to pay their debts as they fall due;
15.1.4 The Buyer disposes or threatens to dispose of all or a material
part of their assets whether by one or a series or transactions;
15.1.5 The Buyer convenes, calls or holds a meeting of their creditors
or makes any arrangement, voluntary arrangement or composition with
their creditors;
15.1.6 The Buyer's directors make or state an intention to make or give
notice of a proposal in relation to the Buyer for a voluntary
arrangement under Part 1 of the Insolvency Act 1986;
15.1.7 A petition is presented for the Buyer's winding-up or
administration;
15.1.8 A resolution (other than for the sole purpose of and followed by
reconstruction or amalgamation, approved by the Seller) is passed for
the Buyer's voluntary winding up;
15.1.9 The Buyer is dissolved;
15.1.10 The Buyer suffers the levy or enforcement of any execution,
distress, sequestration, detention or other process on any property or
premises.
15.2 The termination of this Agreement howsoever arising is without
prejudice to the rights duties and liabilities of either party accrued
prior to termination. The clauses in this Agreement which expressly or
implied have effect after termination shall continue to be enforceable
not withstanding termination.
16. SET OFF
The Buyer shall make no reduction from the amount payable under each
invoice on account of any setoffs or claim or counterclaim unless both
the validity and the amount thereof have been admitted by EZone4 in
writing.
17. INTERPRETATION
These conditions and the contract to which they relate are governed in
all respects by English Law and the Buyer submits to jurisdiction of the
English courts.
18. CONSTRUCTION
If any of the provisions of these conditions are held to be invalid for
any reason then these conditions shall be read as if the invalid
provisions had to that extent been deleted and the validity of the
remaining provisions of these conditions shall not be affected.
19. BUYER'S CONDITIONS
In all instances the conditions stated herein override any separate
terms and conditions stated by the Buyer.
20. THIRD PARTY RIGHTS
No person or party is to gain any right or benefit whatsoever under the
terms of this contract save for EZone4 and the named buyer. The
Contracts (Rights of Third Parties) Act 1999 shall not apply to this
contract.
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Shipping And Handling Please note we only supply via this Website
to mainland England, Scotland and Wales. Should you require delivery
outside this area then please phone 05600 739068 for a quotation.
Your goods should arrive in perfect condition and your order in full.
Should you receive any damaged goods please do not sign for them and
advise us immediately of the situation.
Delivery Schedule We will process your order the same day and
where goods are held in stock we will despatch goods the next day. If we
do not have an item in stock then we will contact you and advise you
when the goods will be despatched.
Back Orders If your item is not in stock, we will back order for
you. You will always receive an e-mail with the option to cancel your
order if you would rather not wait.
Credit Card Security When the order is placed at our Website,
credit card numbers are encrypted using 128 bit encryption. They are
only decrypted after they reach our computer. They are not held in clear
text on any web site.
Privacy Policy EZone4 Holdings do not disclose buyers'
information to third parties other than when order details are processed
as part of the order fulfilment. In this case, the third party will not
disclose any of the details to any other third party.
Cookies are used on this shopping site to keep track of the contents of
your shopping cart, to store delivery addresses if the address book is
used and to store your details if you select the 'Remember Me' Option.
They are also used after you have logged on as part of that process. You
can turn off cookies within your browser by going to 'Tools | Internet
Options | Privacy' and selecting to block cookies. If you turn off
cookies, you will be unable to place orders or benefit from the other
features that use cookies.
Returns Policy Where goods are ordered but not required, we
reserve the right to refuse the request for return. However, if the
goods are in a re-saleable condition and in their original packaging, we
may authorise the return with a handling charge of 10% or £10.00
whichever is the greater. Delivery will not be reimbursed.
Your rights to return goods are protected under the EU Distance Selling
Directive which can be found at
http://www.hmso.gov.uk/si/si2000/20002334.htm
Please Note:- All Electrical and Gas Appliances & Equipment must be
installed in accordance with the latest regulations by a qualified
person.
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