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WEBSITE TERMS AND CONDITIONS
Important Notice
These terms and conditions will apply when you access our website and use our on-line ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.
If you find yourself unable to agree to these terms and conditions, then you must not use our ordering system.
Part A
1 General Information
For your convenience, we have listed below some general information about ourselves:
- "We" are Cedexx Services UK and our Registered Office is at: Suite 21 Lords Business Centre, Lords House, 665 North Circular Road, London, NW2 7AX, England
- Our e-mail address is support@cedexx.co.uk
DEFINITIONS
In this document the following words shall have the following meanings:
a) "Buyer" means the organisation or person who buys Goods from the Seller;
b) "Goods" means the articles to be supplied to the Buyer the Seller;
c) "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
d) "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
e) “Seller” is Cedexx Services UK
2 Formation of Contract
(1) Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:
Step 1: By placing an order through our website you agree unconditionally to these terms and conditions.
Step 2: On completing the order form you will be given the opportunity to submit an order to us by clicking on the "order" button which appears at the end of the form. On receipt, we will send to you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly, we will notify you as soon as reasonably possible by electronic mail if this is the case.
If you do not wish to submit an order to us, you should click on the "X" button of your browser to stop navigating through our webpage.
(2) Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.
(3) These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us. However these terms shall be deemed to incorporate (and you agree to be bound by) any additional terms and conditions which may apply to offers and promotions appearing on this website from time to time.
(4) We reserve the right to change our terms and conditions from time to time at our sole discretion without liability to you even after you placed an order. The latest terms and conditions will be made available on our website.
3 Conditions of Use of this Website and the on-line ordering service
(1) There are some situations where we cannot accept an order, and in the order form, you will be asked to identify if any of these are applicable to you by either clicking on a "yes" or "no" box. You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.
(2) You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition, including, but not limited to, any claims made against us by any third party.
(3) The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. We will process your personal data in accordance with our Privacy Policy.
(4) In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
(5) You may only use the trade marks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with Condition 2(3) above.
(6) You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.
(7) Please be aware that to the extent permitted by law and except as expressly provided for in part B of these terms and conditions, we do not accept liability in respect of this website, your use of it or our on-line ordering service.
(8) Use of this website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.
Part B
1 Description and Pricing
(1) Unless otherwise stated all prices of goods advertised on this website are inclusive of VAT.
(2) Every effort will be made to ensure that the goods you receive match the description and images (if any) set out on this website as far as reasonably possible. However, you acknowledge that some variation may occur, especially when the goods are, or are derived from, naturally occurring products.
(3) On certain occasions a product may be offered as part of a promotion at a reduced price when another product is purchased i.e. buy a Blackpool log cabin and get veranda for £99 or a product is supplied free as a gift in association with a promotion. In the situation where there is an associated product supplied with the main product, if the main product is returned for any reason, the full amount paid for the main product will be refunded. However the free gift or promotional priced item must also be returned in its original and saleable condition. If the free gift or promotional product is not returned in its original condition, the full retail value of the free gift or promotional product will be charged to the credit/debit card. This applies to all promotions where an associated product is offered at either a discounted price or free of charge with an order for a product at the full price listed on the site.
2 Payments
(1) Payment shall be made by you for all monies owed to us in respect of orders placed on this Website ("Payment").
(2) Payment shall be made on order and is acceptable by all major credit and debit cards. You can use Visa, Visa Debit (Delta), Visa Electron, MasterCard, Solo, Switch. Cheques PayPal and Postal Orders are not accepted as a payment method.
(3) When asked to provide your details you will be moved into a secure area and the padlock symbol will appear at the bottom of your browser. We use 128 bit SSL encryption which means your information is extremely secure.
(4) Telephone ordering - If you are having problems with ordering on our web site or simply prefer to order by telephone just call us on 08703832008
(5) Technical problems - If you have any difficulty with using our website please email support@logcabinbuildings.co.uk or alternatively call us on the above number.
(6) Prices - The prices shown on the Logcabinbuildings.co.uk website are quoted in Pounds Sterling and are valid until 15/08/2008 with the exception of special offers where validity is stated otherwise.
(7) If your order cannot be fulfilled immediately we will contact you by e-mail and offer you the alternative of accepting late delivery or a full refund, we won’t held responsibility for any financial or other matter loses.
If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
a) require payment in advance of delivery in relation to any Goods not previously delivered;
b) refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
c) terminate the contract.
3 Ownership/Risk
(1) The risk of damage to or loss of goods supplied by us will pass to you when the goods are loaded on to the delivery vehicles at our premises. We will not despatch goods to you until we are receipt of Payment in full (including VAT) in cleared funds and ownership in the goods remains with us until that point.
4 Deliveries
(1) Delivery refers to the UK Mainland only. However, there may be some areas which will attract an additional carriage charge, for every product there will be a charge for delivery in accordance to your country and they are divided in 3: England, Wales, Scotland, for some areas we offer a much lower cost like Liverpool, Manchester, Warrington anyway this is subject to the offer and will be specified on the product description page. This charge is beyond our control and imposed by our carriers. By all means call us and we will give you the best possible quote, to get your products to you. We are also happy to deliver to the Scottish Highlands & Islands, Northern Ireland, the Channel Islands, Isle of Wight and the Isle of Man, but these locations will also attract an additional cost. This cost is applied even if the order placed qualifies for free delivery, due to unavoidable shipping costs.
(2) Please do call or e-mail us and we will happily get you a quote to be able to ship your goods for you. We want you to be aware that this is a cost that we incur from the courier services that we use and cannot be avoided, but we will do everything to ensure we source the most cost effective carrier.
(3) Delivery times are not guaranteed and should your order be delayed by factors beyond our control or by factors we are not aware of, we cannot be held responsible or liable for late deliveries. We will notify you if know your delivery has or is going to be delayed and/or if we have been informed by the courier service.
(4) In case we won’t be able to deliver the products due to road restriction which you haven’t told us about (we use a 20 ft trailer with crane to deliver our range of log cabins) we will deduct the delivery and return cost from the purchase price.
(5) Receipt of goods - As it is unlikely that you will be able to check your order fully at the time of delivery we ask that you sign the carriers delivery note as "UNCHECKED". This will enable us to seek compensation from the carrier for any damage they may have caused during transit.
(6) Overseas delivery- If you require delivery outside of UK please email us at support@cedexx.co.uk
(7) Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
(8) All Goods, wherever possible, will be delivered within [14 WORKING DAYS] of the order being placed and the funds are cleared in our bank account and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
(9) The Seller shall use its reasonable endeavours 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.
(10) 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, 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.
5 Warranties
(1) The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
(2) In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials and it must be claimed in no more than 10 working days from the date of delivery. Otherwise we reserve the right to charge for delivery of any spare parts and their cost.
(3) We do not offer any kind of warrants after a log cabin or other wooden product has been used or built due to many factors which may influence the life time of wooden products like paint, wooden preservatives, leak of treatment, etc.
6 Right to withdraw
(1) In certain circumstances, you may have the right to withdraw from the contract without penalty and without the need to give us any reason but although we do reserve the right to charge you for the cost of returning any goods (which shall be by deduction from the purchase price)
(2) An additional of 6% from the purchase price indifferent of the order cancellation reason (unless is because of undelivered goods).
(3) You can cancel an order at any time if the products not been delivered within 14 working days but there will be a £150 cancellation fee for orders with a purchase price more than £1000.
7 Damaged Goods and Returns Policy
(1) We want all our customers to be happy and if you do have a genuine problem with quality or damage to any items that you have received, we want to know about it. If damage has been caused while in transit to you, please keep all packaging and the damaged item and inform us immediately; we will then be able to take the matter up with our carrier and make sure a replacement is despatched to you after you provide images to prove the issue.
The spare parts department will be instruction to deliver new spare parts to your premises but you are responsible to dispose the damaged parts. If any of the goods have been used, or images are not available, in certain circumstances we will not be able to replace them.
(2) Issues of quality: Contact our customer service department outlining your quality issues by email on support@cedexx.co.uk This will provide us with an opportunity to investigate, and in some circumstances we may ask you to return the item to help us with our investigation. If necessary, we will arrange a replacement or refund. In all circumstances, complaints of quality or damage will only be entertained up to a maximum of 10 days after date of delivery.
(3) On certain occasions a product may be offered as part of a promotion at a reduced price when another product is purchased i.e. buy a log cabin and get a veranda for £99 or a product is supplied free as a gift in association with a promotion. In the situation where there is an associated product supplied with the main product, if the main product is returned for any reason, the full amount paid for the main product will be refunded. However the free gift or promotional priced item must also be returned in its original and saleable condition. If the free gift or promotional product is not returned in its original condition, the full retail value of the free gift or promotional product will be charged to the credit/debit card. This applies to all promotions where an associated product is offered at either a discounted price or free of charge with an order for a product at the full price listed on the site.
8 Warranties and Liability
(1) THIS WEBSITE IS PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS FOR SALE ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
(2) TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAILS WHICH MAY BE SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
(3) CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(4) OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT, YOUR ORDER, THE GOODS SUPPLIED OR OTHERWISE SHALL NOT EXCEED THE VALUE OF YOUR TOTAL PAYMENTS TO US.
9 Termination
(1) We reserve the right to terminate this agreement immediately on notice to you in the event that you are deemed to be in material breach of any term of this agreement including without limitation Part A, Section 3, Conditions 2 and 3 and Part B, Section 2.
10 Limitation of Liability
(1) 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.
(2) 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.
11 Governing Law and Jurisdiction
(1) These Terms and Conditions shall be governed by and construed in accordance with the law of United Kingdom and the parties hereby submit to the exclusive jurisdiction of the British courts.
Part C
1 Complaints
(1) We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in Section 1 of Part A above. We will try to do our best to solve any problems that arise.
2 Force Majeure
(1) We do not take responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.
3 Entire Agreement
(1) This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.
4 InterpretationIn this agreement:
(1) Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
(2) Words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa;
(3) Any reference to a party to this agreement includes a reference to his successors in title and permitted assigns;
(4) The headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this agreement.
5 Law
(1) This Agreement shall be governed by and construed in accordance with the laws of England.
6 Severability
(1) Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
7 Third Parties
(1) The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.
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