IMPORTANT: You will need to accept the following terms & conditions before making a purchase......
Definitions
1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller.
1 .2 '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.
1.3 'Goods' means the articles which the Buyer agrees to buy from the Seller.
1.4 Price' means the price for the Goods excluding carriage, packing and V.A.T. (if applicable).
1.5 'Seller' means Bestsellers Direct Limited 3c Tyler Way, Sheffield, s9 1DT. The applicable "Seller" is determined by the books you order. Titles under "The Bookmark Collection" are sold by Bestsellers Direct Limited.
2. Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any Variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and payment
3.1The price shall be the Seller's quoted price. The price is exclusive of V.A.T. which shall be due at the rate ruling on the date of the Seller's invoice (if applicable).
3.2 Payment of the Price and V.A.T. shall be due within 30 days of the date of the invoice. Time for payment shaII be of the essence unless otherwise agreed in writing.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% per month above The Bank of England’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
4. The Goods
The quantity and description of the Goods shall be set out in the Seller's quotation.
5. Warranties and Liabilities
The Seller warrants that the Goods will at the time of delivery correspond with the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
6. Acceptance of the Goods
6.1 The buyer shall be deemed to have accepted Goods 72 hours after delivery to the Buyer.
6.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7. Remedies of Buyer
7.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
7.2 Where the Buyer accepts or has been deemed to have accepted the Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
7.3 The Seller shall not be liable to the Buyer for late delivery or for short delivery of the Goods.
8. Proper Law of Contract
This contract is subject to the law of England and Wales.
9. Title and Risk
9.1 The Goods shall be at the Buyer's risk as from delivery.
9.2 In spite of delivery having been made property in the Goods shall not pass from the Seller until:-
9.2:1 the Buyer shall have paid the Price plus V.A.T. (if applicable) in full; and
9.2:2 no other sums whatever shall be due from the Buyer to the Seller.
9.3 The Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods in such a way as they are clearly identified as the Seller's property.
9.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
9.5 The Seller shall be entitled to recover the Price (plus V.A.T. if applicable) notwithstanding that property in any of the Goods has not passed from the Seller.
9.6 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or control led by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 9.4 shall cease.
9.7 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the seller shall forthwith become due and payable.
9.8 The Buyer shall insure and keep insured the Goods to the full Price against 'all risks' to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller become due and payable.
9.9 The Buyer 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 the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.