Definitions and Interpretation | Orders | Sale and Purchase | Price & Terms of Payment | Delivery | Risk, Title & Guarantees | Return of Goods and Refunds | Statutory Rights | General Terms
1.1 In these Conditions, the words and expressions listed below shall have the following meanings, unless the context requires otherwise:
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"Business" or “XL” |
means XL Packaging |
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"Conditions" |
means these terms and conditions of sale relating to the sale of the Goods to the Customer; |
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"Contract" |
means this contract incorporating the Conditions for the sale of the Goods to the Customer; |
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"Customer" |
means the person who has ordered the Goods pursuant to the Contract; |
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"Goods" |
means any goods ordered, supplied or to be supplied to the Customer in terms of the Contract; and |
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“Website” |
means the World Wide Web site known as XL-Packaging located at www.xl-packaging.co.uk or at such other uniform resource locator(s) as the Business may determine from time to time. |
1.2 References to a "person" include any natural person, any legal person, body or organisation incorporated or unincorporated or any other person, body or organisation whatsoever, as the context may require.
1.3 If any of the Clauses, Sub-Clauses or other provisions of this Contract are found by an arbiter, court or other competent authority to be void or unenforceable, such provision shall be deemed to be deleted from the Contract but the remaining provisions of the Contract shall continue in full force and effect insofar as they are not affected by any such deletion.
2.1 The Customer shall be responsible to XL for ensuring the accuracy of the terms of any order submitted by the Customer. The quantity, quality, and description of the Goods shall be those set out in the Customer's order.
2.2 XL will always try to ensure that all prices for Goods on the Website are accurate. Occasionally, errors may occur. If there has been an error in the price of Goods that a Customer has ordered the Business will inform the Customer as soon as possible. On these occasions, the Customer can choose to either cancel his order or reorder the Goods at the correct price. If the Business is unable to contact the Customer about an incorrect price we will cancel the order for the Goods. Any payments which have already been made for the Goods will be immediately refunded.
2.3 When the Customer has submitted an order for Goods the Customer will be sent an e-mail by XL acknowledging the order. It will confirm XL's contact details, the Goods requested, the final cost including VAT and delivery charges (where applicable). In the case of an express, timed or similar form of delivery, this will incur an additional charge. Next working day UK mainland delivery is provided free on most standard orders. Orders under £30 (exluding VAT) to UK destinations will be subject to a delivery charge. If for whatever reason the order has been unsuccessful the e-mail will inform the Customer of this and if possible offer an explanation by telephone or email at the earliest opportunity.
2.4 All Goods advertised on the Website are simply an invitation to the Customer to either make further enquiries to XL or to make an offer to purchase Goods from XL. Acceptance of offers to purchase Goods only takes place when the relevant Goods are despatched by the Business and not before.
2.5 No order shall be processed by Business until XL has received cleared funds except if the Customer has an Approved Credit Account.
3.1 The Business sells and the Customer purchases the Goods in accordance with these Conditions which shall alone govern the Contract. Credit account holders will be subject to the Terms of Contract contained in a separate signed agreement.
3.2 The Conditions may only be varied by written agreement with XL.
4.1 The price of the Goods shall be the Business's price for the Goods as published in the on-line shop on the Website, which price is inclusive of VAT and all postage, packaging and delivery (if applicable) but not re-delivery charges.
4.2 Payment of the price of the Goods is due at the time of the Customer’s order except in the event of the Customer having an approved credit account.
4.3 Time for payment shall be of the essence.
4.4 No payment shall be deemed to have been received until the Business has received cleared funds except in the event of the Customer having an Approved Credit Account.
4.5 In relation to the purchase of all Goods, all credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuing institution refuses to authorise payment to the Business, the Business will not despatch the Goods to the Buyer and XL will not be liable for any delay or non delivery of orders.
4.6 Goods ordered and or supplied by means of an Approved Credit Account shall be governed by the Terms and Conditions contained within a separate signed Contract.
5.4 If the Customer fails to take delivery of the Goods, due for example a signature being required, in most circumstances, a card will left by the courier and the Customer shall be responsible for re-arranging delivery with the courier directly.
5.2 The Business shall not be liable for any loss or damage to the Customer resulting from any delay in delivery of the Goods.
6.1 Risk of damage to, or loss of, the Goods shall pass to the Customer at the time of delivery by the said nominated carrier to the Customer.
6.2 Ownership of the Goods will not pass to the Customer until XL has received in full (in cash or cleared funds) all sums due to XL in respect of the Goods.
6.3 Until ownership of the Goods has passed to the Customer, the Customer must (i) store the Goods (at no cost to XL) and (ii) maintain the Goods in satisfactory condition.
6.4 XL will endeavour to transfer to the Customer the benefit of any guarantee or warranty given by the relevant manufacturer of the Goods.
7.1 XL will subject to the terms of this Contract, promptly refund all monies paid by the Customer for the Goods which XL is unable to supply for any reason.
7.2 If the Customer rejects the Goods or refuses delivery for any reason, the Customer shall be responsible for the safe redelivery of the Goods to XL within 7 days of the date of delivery in accordance with any proper and reasonable advice or instructions provided by XL. The Customer must return the goods by Royal Mail Recorded Delivery or Courier. The Customer should keep a copy of the receipt slip showing the package/consignment note number/s together with all relevant details.
7.3 Prior to returning any goods, the Customer must obtain a Return Number which will be issued by email. This number must quoted in any correspondence together with the Royal Mail Special Delivery Number/s or the consignment note number/s of the package/s.
8.1 The statutory rights of the Customer in the United Kingdom will not be affected by these Conditions.
8.2 Please note that Customers who are ‘consumers’ have the statutory right within the United Kingdom in certain circumstances to cancel the order for Goods and return certain Goods ordered in exchange for a refund. This statutory right of cancellation starts on the date that the Customer submits an order and expires within 7 working days beginning on the day after the day on which the Customer receives the Goods. This statutory right includes the obligation of the Business to refund the Customer within 30 days if the Customer cancels his order in accordance with the relevant legislation. Please refer to The Consumer Protection (Distance Selling) Regulations 2000 (as amended) for more details.
9.1 If any of these Conditions are held to be unenforceable or invalid, the validity of the remaining Conditions will remain unaffected.
9.2 No waiver of any right or breach by the Business under these Conditions shall be effective unless in writing and signed by an authorised person of XL. Any such waiver shall not be construed as a waiver of any other right or breach.
9.3 The Customer shall not assign the Contract to purchase Goods from XL without the prior consent of XL.
9.4 XL shall be entitled to assign and sub-contract the terms of the Contract without the consent of the Customer.
9.5 The construction, validity and performance of this Contract shall be governed by English Law.