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- Terms And Conditions Of Use
Terms And Conditions Of Use
Terms and Conditions
- GENERAL
- INKUBUS.CO.UK agrees to supply and the Customer agrees to accept goods supplied as set out herein subject to the terms and conditions set out below. Any changes or additions to these terms must be agreed in writing by INKUBUS.CO.UK and the customer. All orders between Inkubus.co.uk and customers for the supply of goods are subject to these conditions and shall not be replaced by any contract terms proposed by the customer.
- PRICES
- All prices quoted are strictly net and exclude Value Added Tax which will be charged at the applicable rate at the date of invoice. The product price excludes a charge for delivery.
- Whilst every effort will be made to maintain the prices, Inkubus.co.uk reserves the right to effect changes without prior notice at any time. All Prices quoted are valid for 30 days only or until earlier acceptance by the customer, after which time they may be altered without notice.
- ORDERING
- A customer may cancel their order for any reason within 7 days, beginning the day after the day on which the customer receives the goods. Should a customer wish to cancel their order during this cooling off period then the customer must notify INKUBUS.CO.UK of their intention and they must subsequently return any product at their own expense. If the customer wishes for INKUBUS.CO.UK to arrange return of the product, then a delivery charge will be made at our standard rates. INKUBUS.CO.UK will arrange for a refund to be made to the customer within 30 days of cancellation of the order, less any delivery charge as appropriate. Should the customer have already received the goods, they must be returned to INKUBUS.CO.UK for the refund to be issued. A condition of the refund is that the goods should be unused, be in the original manufacturer’s packaging and be in a saleable condition.
- DELIVERY
- Orders will normally be despatched the same day. Delivery will take place within 48 hours although this cannot be guaranteed. Should this not be the case then a Telesales Executive will e-mail or telephone the customer to advise when delivery can be expected. At the request of the customer a guaranteed delivery, or a Saturday delivery, can be arranged. A surcharge will be made for these special deliveries.
- The customer must notify INKUBUS.CO.UK of any damage in transit at the latest within 7 working days. A replacement product will be despatched immediately, together with a faulty goods invoice. This invoice will be credited upon return of the damaged goods to INKUBUS.CO.UK. Until this time the goods shall show on the customer's account. Alternatively a customer may elect to return the damaged goods to INKUBUS.CO.UK and we will arrange and pay for collection. A full refund shall be issued again upon receipt of goods at INKUBUS.CO.UK. This does not affect your statutory rights as a consumer.
- The customer should advise in writing with regard to non-delivery or delivery discrepancies within 7 days of placing the order. In the absence of such advice the delivery will be deemed correct.
- In the absence of a cancelled order all carriage charges for a refused delivery plus a handling charge of 10% of the value of the invoice (minimum £10) will be charged to the customer by INKUBUS.CO.UK.
- OWNERSHIP AND RISK
- The risk of loss or damage to the products shall pass to the customer at the time of delivery.
- The property of the products shall not pass to the customer until payment of the contract price has been made in full to INKUBUS.CO.UK.
- At all times before payment is made in full, the product shall stand in the name of INKUBUS.CO.UK.
- The customer shall take the appropriate steps to notify third parties of INKUBUS.CO.UK's interest in the products. In the event of a business customer going into receivership or liquidation or any threatened seizure of the goods, the business customer shall notify INKUBUS.CO.UK immediately, who shall be entitled to enter the customers’ premises and repossess the products, upon attainment of a court order.
- PAYMENT AND CREDIT TERMS
- Payment is to be made by authorised Credit Card or Debit Card. All major cards are accepted.
- New customers wishing to open credit accounts are required to furnish their Banker's name and two trade references and to complete INKUBUS.CO.UK's Credit Application Form. Credit terms are available, subject to satisfactory references and a completed Credit Application Form.
- Credit terms are strictly 30 days from date of invoice. No further goods will be despatched before payment is received on overdue invoices and further orders will be held pending settlement.
- Orders for goods, with payment by cheque, will be despatched after receipt and clearance of the cheque, until a credit rating has been established.
- All payments must be made against the invoice and on time. Overdue payments more than 60 days from the invoice date will be passed on for legal action. All legal costs and interest on the balance will be charged to the customer.
- Any query regarding the invoiced amount must be notified in writing within 10 days of the invoice date.
- Any claim of non-receipt of an invoice must be made within 10 days from the date of the first statement identifying the invoice.
- If payment is not made by the due date, INKUBUS.CO.UK reserves the right to charge interest on the amount due, at the rate of 4% above Barclays Bank Plc base rate current at the due date.
- INKUBUS.CO.UK reserves the right to withdraw credit terms without prior notice for failure to adhere to credit terms, including continuous late payments.
- INKUBUS.CO.UK may perform a credit search with a credit reference agency, and will keep a record of that search. We may also make enquiries about the principal directors with a credit reference agency. We will monitor and record information related to your trade credit performance. INKUBUS.CO.UK may also carry out regular checks to ensure credit worthiness is maintained.
- WARRANTIES AND LAIBILITY
- Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer 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 Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the Price of the Goods, except as expressly provided in these Terms.
- The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party; power failure or breakdown in machinery.
- Notwithstanding the above, INKUBUS.CO.UK warrants that it will replace any product supplied by INKUBUS.CO.UK in which, under normal and proper use and storage, defects appear within six months from the date of the invoice. This does not affect your statutory rights.
- RETURN OF GOODS
- For INKUBUS.CO.UK to accept any responsibility for returned products after expiry of the ‘cooling off period’ set out under Section 3 a request must be made by contacting INKUBUS.CO.UK's Customer Service Department and completing a Returns Request Form, prior to the return of the product. For defective products such a request must be made no later than one month after the discovery of the defect. After receiving confirmation of the receipt of the request the product must be returned within one month thereafter, suitably packed and carriage paid.
- Returned defective products will be replaced with new products and the customer will receive compensation for the carriage, alternatively the customer may elect for a full refund. If INKUBUS.CO.UK finds that the returned product is not defective the customer will be informed and may reclaim the product within one month thereafter provided that the customer arranges for the return and pays for the carriage.
- Returns after the expiry of the cooling off period, other than defective products, must be authorised by INKUBUS.CO.UK's Customer Service Department. Acceptance of such return is at INKUBUS.CO.UK's discretion. Returns will only be authorised for full packs or unit quantities as sold from our price list. Returns of single items that are sold as packs will not be accepted. A credit note and full refund will only be issued if the product is in its original packaging and the packaging is in “as new” condition on receipt of return. A handling charge of 10% of the value of the invoice (minimum £10), which will be inclusive of INKUBUS.CO.UK's carriage, will be charged before the credit note is issued.
- PRIVACY STATEMENT
- We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future. The type of information we will collect about you will be taken at the time of order by an IDS employee only and such information may include: your name / address / phone number / email address and credit/debit card details. This information will only be collected lawfully and in accordance with the Data Protection Act 1998. We will never collect sensitive information about you without your explicit consent.
- The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us at info@inkubus.co.uk or by writing to the Marketing Department at the address below. If you find any inaccuracies we will delete or correct it promptly. The personal information we hold will be held securely in accordance with our internal security policy and the law. If you have any questions or comments about privacy you should email us at info@inkubus.co.uk or write to us at the address below.
- We may transfer information about you to our bankers/financiers for the purposes of providing services and for the following purposes: obtaining credit insurance; making credit reference agency searches; credit control; assessment and analysis (including credit scoring, market, product and statistical analysis); securitisation; and protecting our interests. We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request.
- COMPLAINTS
- INKUBUS.CO.UK will endeavour to respond to all complaints within five working days. Please direct any complaint you may have to sales@inkubus.co.uk or in writing to The Telesales Manager, INKUBUS.CO.UK, Station Court, Station Rd, Guiseley. Leeds. LS20 8EY
- GENERAL
- If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
- No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- These Terms (together with any terms set out on any order form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any remedy or right of any third party which exists or is available apart from that Act.
- This Agreement is governed by and shall be construed in accordance with the law of England and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
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