the4all – EBAY TERMS & CONDITIONS OF BUSINESS
You can contact us at sales@the4all.co.uk
These terms and conditions form the basis of our Ebay sales. Please read them carefully as they contain important information.
General terms and conditions
the4all of Quantum Works, Stourbridge, West Midlands, DY8 3TD trading on Ebay as the4all. If you have any queries about these terms and conditions or if you have any comments or complaints you can contact us at sales@the4all.co.uk or tel 01384 444903
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted or scheduled for production. Once payment has been received you will receive confirmation of your order from Ebay and payment from PayPal. Our acceptance of your order brings into existence a legally binding contract between us. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions unless accepted and confirmed in writing by us.
2. Accuracy of content
Due to the limitations of web browsers and variations in colour reproduction on individual devices, monitors and printers the colours shown may not be correct and are provided for illustration purposes only. Colours supplied may vary from the ones displayed.
3. Accuracy of made to order content
3.1 We take care to display all website content correctly but due to the large range of internet enabled devices and browsers available, images and layouts for made to order items may not always display correctly. Any images and layouts shown are given for guidance only and may not accurately represent the finished product. Accurate proofs can be supplied on request but may be charged for. We are not able to accept alterations to orders for made to order products after the order is confirmed.
3.2 Due to the limitations of web browsers and variations in colour reproduction on individual devices, monitors and printers the colours shown may not be correct and are provided for illustration purposes only. Colours supplied may vary from the ones displayed. Actual colour samples are available on request if required. We are not able to accept alterations to orders for made to order products after the order is confirmed.
3.3 Graphics and fonts are often irregular shapes and sizes. Any dimensions shown or suggested are best estimates only and may not be accurate. We are not able to accept alterations to orders for made to order products after the order is confirmed.
4. Availability
4.1 All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
4.2 We use our best endeavours to comply with the date named for dispatch which date is given and intended as an estimate only and is not to be the essence of the contract.
4.3 Express service orders, if owing to non-availability of goods, materials or any other causes, we are unable to dispatch at the specified time, the total extent of our liability will be to refund the express service charges only, no other claims will be accepted in this regard.
4.4 Force Majeure. We shall be under no liability if unable to carry out any provision of the contract for any reason beyond our control including Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
5. Ordering errors
5.1 Material Proofed Orders - Where a physical proof is supplied and approved you are deemed to have carried out your own investigations and/or tests of the goods, to have checked all content, spelling, colours, etc. and therefore we are not able to accept any responsibility for, or make any alterations to the design after approval and payment.
5.2 Where orders are produced from an electronic proof and approved, you are deemed to have to have checked all content, spelling, etc. and therefore we are not able to accept any responsibility for, or make any alterations to the design after approval and payment. Due to the limitations and variations in colour reproduction on individual monitors and printers the colours shown may not be correct and are provided for illustration purposes only. Actual colour samples are available on request if required.
6. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
7. Cancellation rights
7.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items, see clause 7.2). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
7.2 You cannot cancel your contract once payment has been made if the goods are purchased from an “auction format” listing or are “made to order items” including (but not limited to), personalised, bespoke, custom produced or printed products, recoloured or resized graphics or cut to size items, examples of which include names & graphics, striping tape, personalised garments & merchandise, custom printed banners, flags, posters etc.
7.3 If you have received the goods before you cancel your contract then (unless, under clause 14.2, for which you do not have a right to cancel) you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
7.4 Once you have notified us that you are cancelling your contract, any sum debited to us by PayPal will be re-credited to your account as soon as possible and in any event within 30 days of your order.
7.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
8. Cancellation by us
8.1 We reserve the right to cancel the contract between us if:
8.1.1 we have insufficient stock to deliver the goods you have ordered;
8.1.2 we do not deliver to your area; or
8.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
8.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible but in any event within 30 days of your order.
9. Liability
9.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
9.1.1 to make good any shortage or non-delivery;
9.1.2 to replace or repair any goods that are damaged or defective; or
9.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
9.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
9.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9. Design & Production
9.1 Design variation - we make every effort to ensure that goods supplied correspond in every respect with the sample, specification or description provided as the case may be, we are not responsible for the minor variations in specification, in colour or other design features. We reserve the right to alter, resize or rescale artwork supplied by you that is not at the correct size, proportion or ratio to fit the product or products ordered or to alter, resize or rescale products supplied to fit the specifications supplied by you. These alterations shall be at our discretion.
9.2 Copyright, Patents and Trademarks – When we are using artwork or images supplied by you, no representation is made or warranty given that any goods supplied do not infringe any letters patent, trademarks, registered designs or other similar industrial rights. We will not be required to print any matter which in our opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. We shall be indemnified by you in respect of any claims, cost and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for you. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
10. Use of Products for Marketing
We reserve the right to use products and images of products produced for you for our own advertising and sampling purposes unless advised otherwise in writing by you.
11. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
12. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
14. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Terms & Conditions updated 12/06/2015
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