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Please read these terms and conditions of sale carefully before placing an order for any goods.
No other terms and conditions shall apply even if submitted in a later document from you. The Contract cannot be varied unless we agree to vary it in writing or by email.
2.1 To place an Order you must be an employee of Element / Exova and be accessible by both telephone and email. Placing an Order constitutes your Offer to buy the Products.
2.2 You may place an Order by:
2.2.1 creating an order on-line on www.element-merchandise.co.uk web Site or
2.2.2 telephoning us and verbally placing an order with us, however you must have a valid email address so that we can send an Order Confirmation to you
We will not accept Orders placed in any way other than those listed above.
2.3 When you have finished creating an Order you will be invited to "Checkout"
2.4 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) the item is out of stock or (iii) we can not deliver to your area.
In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products.
Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.5 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products, nor does it constitute any representations or warranties in relation to any Products.
3.1 The price for the Products will be the price listed on the Web Site and confirmed on your Order Confirmation at Checkout.
3.2 VAT is excluded in all prices shown on the Web Site, with the net price and VAT element shown on the Order Confirmation, applied to all goods and services provided at the applicable rate.
3.3 Delivery costs are applied to the Order Confirmation based on weight & delivery address and will be clearly shown on the Order Confirmation before completing the Check-Out process.
Following dispatch of your complete order we will submit an invoice with your PO Number to your Element Accounts.
5. DELIVERY OF YOUR PRODUCTS
5.1 All purchases of Element Merchandise will be delivered to Element sites only
5.2 Title to and risk of loss in your Products will pass to you on delivery of the Products
5.3 Once your Order has been completed and dispatched we will send you a confirmation by e-mail
To avoid Sussex Promotions or Element being tied up with stocks all orders are decorated to order, no order can be returned or cancelled once printed unless the goods themselves or the print is at fault.
6. WARRANTY CLAIMS
6.1 If a Product becomes faulty and you believe that you are entitled to a replacement or repair please contact Sussex Promotions quoting your Order Ref and the nature of the fault
6.2 Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
7. OUR LIABILITY
7.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the products we supply, and there are no warranties, conditions or other terms applicable to the supply of Products or the provision of Services by us except as expressly stated in the Contract.
7.2 If the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.3 If you do not receive Products ordered by you within 5 days of the date on which we dispatch them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of the date on which we informed you of dispatch.
If you notify a problem to us under clause 7.2 or 7.3, our only obligation will be, at your option:
(i) to make good any shortage or non-delivery;
(ii) to replace or repair any Products that are damaged or defective; or
(iii) to refund to you the amount paid by you for the Products in question in whatever way we choose.
7.4 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
7.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of our supply of goods to you and we shall have no liability to pay any money to you by way of compensation other than any payment due to you under these terms.
7.6 Our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question, and return costs where applicable.
7.7 We are providing the Web Site on an 'as is' basis and we make no representations or warranties of any kind with respect to the Web Site or its contents and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in the Web Site. The information contained in the Web Site may contain technical inaccuracies or typographical errors. All liability of us howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
7.8 Neither us nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Web Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
7.9 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.
We reserves the right to supply "Over/Under 10%" of the ordered quantity, which is due solely to manufacturing problems, we therefore advise each "customer" when ordering to ensure that the order reflects this possible margin for error.
You can contact us: firstname.lastname@example.org
by telephone between 09:00 and 17:30 Mondays to Fridays: 01273 493618
by post at Sussex Promotions Limited, 35-37 High Street, Shoreham-by-Sea, BN43 5DD
This site is targeted at staff members of Element only. If you are not a member of / or associated to Element please do not use this site.
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.2 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.
14.3 Except for our affiliates, directors, employees or representatives, a person who is not a party to this Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14.4 The Contract sets out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15.1 In these terms and conditions:
"We" and "us" mean Sussex Promotions Limited
"You" means you the customer
"Consumer" means a customer who purchases Products
"Order" means an order placed by you in accordance with these terms and conditions
"Order Confirmation" means the order summary created via the Checkout process
"Order Form" means the electronic order form on the Web Site
"Order Number" means the order number issued by us to you once completing your Order
"Product" means any product listed on the Web Site which we agree to supply to you on these terms and conditions
"Return Authorisation Documentation" means the documentation issued by us to you for the return of Products
"Web Site" means our web site for staff members of Element, the web address of which is http://element-merchandise.co.uk
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom
Sussex Promotions Ltd a company incorporated in England & Wales
Registered Office: The Manse, Station Road, Plumpton Green, East Sussex, BN7 3BX
Registered in England No. 6390965.
VAT No. 923 8765 91