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Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (Goods) listed on our website www.godisposables.com (our site) to you.
Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" inn our shopping cart if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site
1 INFORMATION ABOUT US
www.godisposables.com is a site operated by Avanti Trading Ltd (we). We are registered in England and Wales under company number 07280286 and with our registered office at unit G & H | Highfield Road Industrial Estate | Little Hulton | Manchester | M38 9ST.
2 YOUR STATUS
1.1.1.6 By placing an order, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
If the Goods you have ordered are not available or discontinued, or if we are unable to deliver them to you within 28 days, we shall inform you of this. In this event, no Contract shall have been formed between you and us.
4 THIRD PARTY SELLERS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5 CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in Clause 10 below).
To cancel a Contract, you must inform us in writing. You must make the Goods available to us for collection and during this time keep the Goods in the same condition in which you received them. You may not use the Goods. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
If a customer orders goods and upon delivery realise that they have ordered the incorrect goods i.e. the wrong size or the wrong product or wish to cancel their order. There will be a fee of £49; this is to cover costs of deliveries and administration.
You will not have any right to cancel a Contract for the supply of any Goods that were made to your explicit specifications or which have been clearly personalised for your use.
If you have entered into an agreement under which fixed sum credit is granted by us (or by another person under an arrangement between that person and us) to fully or partly pay the Contract price (“Related Credit Agreement”), then your notice to cancel the Contract will also cancel the Related Credit Agreement.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6 RISK AND TITLE
The Goods will be at your risk from the time of delivery pursuant to clause 9 and if you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time we tendered delivery of the Goods.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any delivery charges.
7 PRICE AND PAYMENT
The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide .Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If a correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Goods must be by credit or debit card. We accept payment with VisaCard, MasterCard, Maestro, Delta and Switch. Your credit or debit card will be charged at the time the order is made.
8 DELIVERY
See our Delivery page for time & charging
9 OUR REFUNDS POLICY
If you are asking for a refund:
because you have cancelled the Contract between us within the seven-day cooling-off period (see Clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 28 days of the day you have given notice of your cancellation and collect the Goods from your premises as soon as practicable. In this case, we will refund the price of the Goods in full, including the cost of delivery to you (if any). However, we may charge you for the costs of collecting the item from you in accordance with our delivery and collections policy.
for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that an item is defective pursuant to clauses 12.2 to 12.6 below), we will collect the item free of charge as soon as practicable, examine it and notify you of your refund via e-mail within a reasonable period of time. Goods returned by you because of a defect will be refunded in full, including a refund of any delivery charges for sending the item to you and any cost incurred by you in returning the item to us. We will usually process the refund due to you as soon as possible and in any case within 28 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10 OUR LIABILITY
We warrant to you that Goods purchased from us through our site are of satisfactory quality and reasonably fit for the purpose for which Goods of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11 WARRANTEE
We will endeavour to transfer to you the benefit of any manufacturer’s warranty or guarantee given to us.
Subject to Clauses 12.3 and 12.4 below, we warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for a period of 12 months from delivery.
We shall not be liable for a breach of warranty as set out in Clause 12.2, unless
You give us written notice of the defect within 7 days of the time you discover or ought to have discovered the defect; and
We were given reasonable opportunity after receiving your notice of defect to examine the Goods in question and you (if asked by us to do so) shall make the Goods available for collection by us at our cost for the examination to take place at our business address.
We shall not be liable for a breach of the warranty in Clause 12.2 if
You make any further use of such Goods after giving notice of the defect to us; or
If the defect arises as a result of fair wear and tear, wilful damage, negligence, misuse or your failure to follow our oral or written instructions as to the storage, assembly or use of the Goods; or
You alter or repair the Goods without our prior written consent.
Subject to Clauses 9.3 and 9.4, if any of the Goods do not conform with the warranty set out in Clause 9.2, then within 28 days of collecting the defective Goods, we will at our option:
Repair or replace such Goods (or the defective part) free of charge; or
Refund the price of such Goods in accordance with clause 10.1.2.
12 SUSPENSION OF FUTURE DELIVERIES
We reserve the right to suspend future deliveries of Goods and cancel any Contracts with you and your right to possession of the Goods shall terminate immediately, if you:
Have a bankruptcy order made against you or make an arrangement or composition with your creditors;
Convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation;
Have a receiver and / or administrator or administrative receiver appointed;
Pass a resolution of are served with a petition for the winding up of or for the granting of an administration order in respect of you;
Have proceedings issued against you in relation to your insolvency or potential insolvency;
Suffer or allow any execution to be levied on your proprty or obtained against you;
Fail to observe or perform any of your obligations under the Contract or any other contract between us and yourself;
Are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986;
Cease to trade; or
Encumber or in any way charge any of the Goods.
13 WRITTEN COMMUNICATIONS
1.1.1.7 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electrreasonable controlonic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. |