Terms & Conditions
TERMS AND CONDITIONS FOR SALE OF GOODS
Registered company number 7242234
VAT Registration No. 112 8432 43
In this document the following words shall have the following meanings:
- "Buyer" means the person who buys Goods from the Seller;
- "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- "Goods" means the articles that the Buyer agrees to buy from the Seller;
- "Retail Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
- "Seller" means EODiwear Ltd, PO Box 704, Chichester, PO19 9NR;
- "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
- Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
- Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3. PRICE AND PAYMENT
- The price of the Goods shall be that stipulated in the Seller's current retail price on the Seller's website (www.eodiwear.com) at the date of order or as agreed between the parties. The price is inclusive of VAT unless otherwise specified and subject to standard UK delivery charges. For international orders additional delivery charges will apply.
- Payment of the total purchase price (including VAT and delivery charges) must be made in full before dispatch of the Goods. EODiwear Ltd is not responsible for any customs, taxes or duty charges for international orders. Please confirm with your own authorities if charges are applicable prior to ordering.
- Delivery of the Goods shall be made by the Seller for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed. The Seller will use Royal Mail postal services for delivery (or equivalent provider) and will use the Special Delivery, Airsure and Royal Mail 'Signed For' service (or equivalent provider) for any order over £40.00.
- All Goods will be dispatched within 5 working days of the order being placed. The Seller aims to dispatch the next working day. The standard delivery time does not apply to out of stock or special order items not held in stock. For these items an estimated delivery time will be quoted to the Buyer.
- The Seller shall use its reasonable endeavors to meet any date stated for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
- Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
- The seller reserves the right to refuse delivery of goods to inappropriate postal addresses or when there is any reasonable doubt as to the identity/credentials of the Buyer.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. CANCELLATION AND RETURNS
- The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within two days of delivery if the Goods are damaged or do not comply with any of the contract.
- Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the Goods to the Seller. The Buyer shall be entitled to replacement Goods or a full refund.
- Goods to be returned must clearly include the Buyer's name and address and the original invoice/delivery note number and be accompanied with their unique ID number card.
- Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
- Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a full refund by informing the Seller in writing or by phone or email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Goods must not be used and must be returned in their new condition. The Buyer shall receive a refund of all monies paid for the Goods except for return postal charges within 30 days of cancellation and excluding additional Special Delivery charges, if any. All returned goods must be accompanied with their unique ID number card as proof of purchase (if applicable).
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of one year from the date of delivery. Warranty excludes scratching of the lens.
8. LIMITATION OF LIABILITY
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
- The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
12. DUTIES, CUSTOMS AND TAXES
Items being shipped out of the UK may be subject to import duties, taxes and tariffs as imposed by the country the product is being imported to. The customer (the person importing the product) is responsible for paying these customs import duties and taxes should they arise when the product reaches the country of destination. EODiwear® is not responsible for any duties, taxes and tariffs incurred by the importation of products into countries other than the UK.