Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which Custom Idea ("Us"/"We"/"Our") contracts with you ("You"/"Your"/"Yourself") for the sale of the Goods. In this Agreement, "Goods" means the goods described for sale on Our website which We supply to You in accordance with the Conditions.
All orders are accepted by Us subject to the following Conditions:
1.1 You shall make an order by email or through Our website.
1.2 All orders which are accepted by Us shall be subject to these Conditions.
1.3 If an item is out of stock you will be advised within 5 working days of us receiving your order. You will be offered your choice of either a full refund or a firm delivery date for the restocked items.
2.1 Payment is due at the time of submitting the order.
2.2 Prices are shown inclusive of VAT if the shipping address is to the UK or EU. Prices are shown exclusive of VAT if the shipping address is outside of the UK or EU.
2.3 Prices quoted are current at the time of publishing. While every endeavour will be made to maintain them at their present low level we reserve the right to effect changes without prior notice.
3. Ownership of the Goods
3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods.
4.1 We shall despatch Goods by Royal Mail to UK based customers (see 4.4 below in relation to export costs). Goods are normally despatched on the day after the receipt of order. Goods to UK based customers are normally delivered within 2-7 working days depending on the shipping option You chose. Carriage is calculated during the order process.
4.2 Specialist Carrier Delivery can be arranged by Us on request.
4.3 Time for delivery shall not be of the essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of the Goods.
4.4 Export Orders: Goods are normally despatched on the day after the receipt of order. Goods send outside of the UK are normally delivered within 7-14 working days depending on the shipping option You chose and Your location. Carriage is calculated during the order process. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
5.1 If You are a private consumer (as opposed to business user) You may cancel any order made by You via Our website or e-mail at any time within 7 days of receipt by You of the Goods. You must notify Us by e-mail to firstname.lastname@example.org. You must return the products in the same condition that they were in when they were despatched to You.
5.2 Subject to the provisions of clause 5.1 above, other than Goods returned under Guarantee in accordance with clause 7 or for shortages or damages reasons, returns will require Our Agreement and in any event will only be accepted in original packaging and a 20% handling charge will apply with a minimum charge of £2.00. Goods must be returned within 30 days of the date of delivery.
5.3 If there are shortages or damages to the Goods occurring in transit, You must notify us within 48 hours from the time of delivery, giving full details of any such shortages or damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith.
5.4 In all cases where the Goods are returned You must quote the invoice number.
5.5 Where We accept that there has been a shortage in Goods despatched or the Goods have been damaged in transit, We shall replace such Goods at the previously invoiced price.
5.6 Order Cancellation: Cancellation of an order can only be accepted after prior negotiation and agreement. On no account can cancellation be accepted for items ordered specially by Us on Your behalf.
6. Copyrights and Patents
6.1 Goods and material contained in Our website may be the subject of patents, copyright, design, trade mark or other intellectual property rights and all such rights are reserved by Us. We make no representation or warranty as to whether Your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, We do not grant nor purport to grant to You any licence, permission or authority in respect of such rights and You acknowledge and agree to satisfy Yourself in respect of such matters. We accept no liability for infringement of any such rights.
6.2 Reproduction in part or whole of Our Website without Our prior written consent is strictly prohibited.
7.1 Unless otherwise specified and subject to clauses 7.2 and 7.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of despatch by Us (the "Guarantee").
7.2 The Guarantee in clause 7.1 is given provided that:
(a)We are promptly notified by email upon discovery by You that the Goods are defective due to faulty materials or workmanship;
(b) the Goods in question to which the claim refers are returned to Us within 12 months from the date of despatch by Us (the "Guarantee Period") suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note or invoice) and details of the nature of the defect; and
(c) examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in clause 7.3(b)(i) to (iv) below.
7.3 We are not liable under this Guarantee:
(a) if the total price for the Goods has not been paid by the Due Date; or
(b) for any defect arising from:
(i) fair wear and tear, wilful damage, negligence, misuse, repair of the Goods without Our approval;
(ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
(iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or (iv) any use of the Goods which is not in accordance with the operating or user instructions or from any failure to service or maintain the Goods in accordance with instructions.
7.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.
7.5 Software programs are supplied by Us on Your strict understanding that We do not guarantee the contents of the software to be free from errors, viruses or omissions.
7.6 Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at Our option for any Goods returned within the Guarantee Period.
8. Limitation of liability
8.1 Subject to clauses 8.3 and 8.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law. In particular We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods.
8.2 Subject to clauses 8.3 and 8.4 and to the Guarantee given in accordance with clause 8 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.
8.3 Clauses 8.1 and 8.2 do not apply where You deal as a Consumer and to the extent that such exclusions or limitations are not permitted by law.
8.4 Nothing in these Conditions shall limit Our full liability in respect of death or personal injury caused by Our own negligence.
8.5 We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
9. Commercial Tolerances
9.1 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits.
10.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated on Our website, without prior notice, as part of Our continuous process of product and service improvement, or to improve product availability. The information contained on Our website is correct to the best of Our knowledge at time of going to press. All images are used for illustration purposes only.
10.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
10.3 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
10.4 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
10.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of its rights hereunder.
10.6 Where appropriate, health and safety data is supplied with all products. Further information is available upon request.
10.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it.
Please read these Terms and Conditions carefully, they will apply to your use of the Custom Idea website including on-line services available on that site. By using this website you are agreeing to these Terms and Conditions. From time to time we may change these terms and conditions and will post revisions on our website. We recommend you regularly review these Terms and Conditions and your continued use of this website will constitute acceptance of any changes to the website terms. These Terms and Conditions shall not affect any statutory rights which you may from time to time be entitled to, to the extent that such rights cannot be varied or excluded by law.
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
6. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9. The currency this website operates in is pounds sterling. Prices shown in any other currency (e.g. EURO or USD) are for approximate indication purposes only. Your final transaction will always be in pounds sterling. The basket total in any other currency than pounds sterling may not exactly match the amount deducted from your account. The paper invoice sent with your order will show prices in pounds sterling only.
10. These Terms and Conditions shall be governed by and construed in accordance with English law, and both Custom Idea and you agree that any dispute arising under or in connection with these Terms and Conditions shall be referred to the non-exclusive jurisdiction of the English Courts.