Xorbars Terms and Conditions of Site
By using this site, you signify your consent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, please do not use this site! Xorbars may revise and update these Terms and Conditions at anytime. Your continued usage of Xorbars site will mean you accept those changes.
Copyright — Use of Content
Xorbars authorises you to view or download a single copy of the material on the Xorbars site solely for your personal, non-commercial use if you include the following copyright notice: You may not modify copy, publish, display, transmit, adapt or in any way commercially exploit the content of the Xorbars website. All rights not expressly granted herein are reserved to Xorbars. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. You must abide by all additional copyright notices or other restrictions contained in any of Xorbars.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.
Indemnity
You agree to defend, indemnify and hold Xorbars, directors, employees, agents, affiliates, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Complete Agreement
These Terms and Conditions constitute the entire agreement between you and Xorbars with respect to the use of Xorbars and its allied sites, and Content. Your use of the Xorbars website is also subject to the Xorbars Privacy Policy.
Thank you for your co-operation. We hope you find the Xorbars website helpful and convenient to use!
Questions or comments regarding these Terms and Conditions should be made via contact us in writing.
Terms and Conditions for Sale of Goods
Definitions
Xorbars: We or us
Customer: Any person who buys goods from us for purposes that is outside his trade, business or profession.
Goods: All goods and services sold by us to you including packaging, manuals and any other ancillary components.
Conditions: Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us.
Our Head Office Address:
Registered Office:
Xorbars Ltd
Eldo House
Kempson Way
Bury St Edmunds
Suffolk.
IP32 7AR
The conditions that apply to your purchase of goods from us:
A. The conditions in Section A apply to your purchase of goods from us whether you are a consumer or not.
B. The conditions in Section B only apply to your purchase of goods from us if you are not a consumer.
Section A
Making an agreement to purchase our goods,
a. The market in the goods is such that the specification, colour, description and price of individual goods can change.
b. The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
c. Your order is an offer to us to buy the goods of the specification and description at the price indicated.
d. Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated electronically and in which case there will be a concluded agreement between you and us.
e. Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
f. You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
Delivery of the goods
a. The price of the goods does not include delivery by us to you unless otherwise stated.
b. We shall arrange for carriage of the goods to your address on your behalf and the courier shall be our responsibility.
c. The costs of carriage and any insurance shall be reimbursed by you and shall be due on the date for payment of the price.
d. We shall advise you by e-mail of the date when the courier has collected your goods.
e. Please check your items and inspect them as thoroughly as possible. For parcel deliveries please check under the packaging also. If you find any damaged item, then you must mark that item as damaged on the drivers sheet or hand held terminal. Unfortunately we cannot accept any claims for damages if the order is signed for in good condition. Please note that we cannot accept any claims if signed for unchecked. If there are any discrepancies upon delivery with your order you must contact our customer care team within 48 hours by clicking on the link below and entering your surname and order ID, here you will be advised to supply photo evidence.
Section B
Payment and Price
We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the goods have been allocated for despatch. Time for payment shall be of the essence. The price due from you is the price indicated plus courier charge inclusive of value added tax if applicable.
Delivery
a. We will try to organise the collection of the goods by our courier within the time estimated for delivery.
b. If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
c. If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
i. We shall inform you by e-mail;
ii. We shall make a further offer to you by e-mail to sell you the goods of the specification and description at the delivery time stated in the e-mail and will state the period for which the offer or the price remains valid.
Your right of cancellation
The rights of cancellation set out below apply to any agreement between you and us.
a. You have a right to cancel the agreement at any time before the expiry of a period of 7 working days beginning with the day after the day on which you receive the goods, unless the item is a specific size, made to measure or a none regular stock item, if refused 50% of the order or the return haulage fee will be deducted from the refund.
b. You may cancel by giving us notice in any of the following ways:
i. By a notice in writing which you leave at our address (given above);
ii. By a notice in writing which you send by post to our address (given above);
iii. By telephone call.
c. If you cancel the agreement:
i. You must return the goods to us at the address given above. We strongly recommend all goods should be returned via recorded delivery.
ii. The goods must be returned to us complete (please note the definition of goods given above)
iii. You are responsible for the cost of returning the goods to us at the address given above.
iv. You are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us.
v. You are under a duty to take reasonable care to see that they are received by us and not damaged in transit.
vi. We will reimburse any sum paid by you or on your behalf under or in relation to the agreement (not including the costs of carriage).
vii. We will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
viii. We reserve the right to charge 4% of the total order value to compensate against Credit Card / Merchant Service charges absorbed by us when an order is cancelled,
we may also charge 20% of the order when goods have left for delivery and have to be returned to us, you have 1 hour from delivery confirmation to cancel before charges are applied. This may be done strictly by telephone only.
IX. We reserve the right to charge £25 administration fee where, the order has been picked and packed, ready for delivery.
Our right of cancellation
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall not be liable for any other loss or damage whatever arising from such cancellation.
Cancellation of orders in transit
We reserve the right to charge 20% of the sales value OR the return haulage fee charged at a rate of 60p per KG (whichever the greater) when goods have left for delivery and have to be returned to us for a refund.
The above will apply and an additional charge will be levied if orders have to be redelivered, charged at a rate of 30p per KG.
Any made to measure, cut to size or personalised items supplied as per the order made are non-returnable.
Should any made to measure, cut to size or personalised items be cancelled in transit, refused upon delivery or returned to us; no refund or credit will be issued.
The above will apply and an additional charge will be levied if orders have to be redelivered, charged at a rate of 30p per KG.
Statutory rights
Your right of cancellation is in addition to your other statutory rights.
The after sales service and guarantees and the voluntary code for the return of goods by you to us mentioned below do not affect your statutory rights.
Retention of title by us
a. The goods shall be at your risk as from receipt of the goods.
In spite of delivery having been made property in the goods shall not pass to you until:
i. You have paid the price plus value added tax (if applicable) in full; and
ii. No other sums whatever shall be due from you to us.
iii. In the event that payment is received by us in full prior to delivery then title to the goods passes to you at the time of actual delivery.
b. Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
c. You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
d. Notwithstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on your behalf and you shall deal as principal when making such sales or dealings.
e. Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
f. We shall be entitled to recover the price (plus value added tax) notwithstanding that property in any of the goods has not passed from us.
g. Until such time as property in the goods passes from us you shall upon request deliver up to us such of the goods as have not ceased to be in existence or resold. If you fail to do so we may enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. On the making of such request your rights to sell, use or otherwise deal with the goods shall cease.
h. You shall not pledge or in any way charge by way of security for any indebtedness any of the goods that are our property. Without prejudice to our other rights, if you do so all sums whatever owing by you to us shall forthwith become due and payable.
i. You shall insure and keep insured the goods to the full price against ‘all risks’ to our reasonable satisfaction until the date that property in the goods passes from us, and shall whenever requested by us produce a copy of the policy of insurance. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
j. You shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
Acceptance of the goods
a. You shall be deemed to have accepted the goods on receipt of delivery by the courier to your delivery address.
b. After acceptance you shall not be entitled to reject goods that are not in accordance with the contract.
Rejection of the goods
If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.
Return of goods which are in accordance with the contract
a. No goods delivered to you which are in accordance with the agreement and guarantees will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion.
b. If we agree to accept any such goods for return you shall be liable to pay a handling charge of (25%) of the invoice price. Such goods must be returned by you to us carriage-paid and in the original packaging.
c. Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
Variations in description or specification
We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
Limitations upon our liability to you
a. Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
Choice of law and jurisdiction
a. This contract is subject to the law of England and Wales.
b. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
c. If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.
Guarantees and after sales service
a. We guarantee that the goods will correspond with the stated description and specification.
b. We guarantee that the goods will be of satisfactory quality when delivered to/collected by the courier.
c. We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
d. The terms of any manufacturer’s guarantee if applicable and after sales service will be included within the documents accompanying the goods.
e. We are willing to provide advice to you in accordance with the conditions below.
f. Advice given by us to you.
i. We are always prepared to offer advice about the goods and services we offer.
Voluntary code for the return of goods by you to us
This code only applies as between you and us if you are a consumer
This code is intended to promote good relations between you and us.
The code is entirely voluntary and does not affect you statutory rights
a. We recognise that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen.
Examples of those reasons include a defect in the goods at the point of collection.
b. We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.
c. In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem.
d. In any case where we agree that the problem has arisen because of a defect in the goods at the point of collection:
i) We will refund the cost of the goods to you if returned within 28 days of the date of delivery to you providing the goods are unused and packaged as originally supplied.
ii) In any other case we will replace the goods or provide you with a credit for the cost of the goods.
e. In any other case, we will try to assist you in resolving the problem.
i) Depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge (to a maximum of 25%) and refund or credit the balance of the cost of the goods.
ii) In every case where you return goods upon the basis that there was a defect in the goods at the point of collection we will inspect and test the goods.
iii) Insofar as it may be established that there was no defect in the goods at the point of collection to you, we reserve the right to charge you £15 as a contribution towards the cost of inspecting and testing the goods.
iv) Insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you prior to dispatch. You agree to pay to us the reasonable cost of re-delivering the goods to you.