Terms and Conditions of Sale
balerparts.co.uk Terms and Conditions of Sale
By purchasing goods through balerparts.co.uk you agree to be bound by our terms and conditions of sale.
- Definitions and interpretation
In these terms and conditions:
‘Balerparts’ and ‘Balerparts’ means Henry Woodfield and Andrew Woodfield trading as Balerparts.
‘working day’ means every day of a calendar year apart from weekends and statutory and public holidays
‘us’ means Balerparts and you together
‘you’ and ‘your’ means the person ordering goods under these terms and conditions.
- The contract between us
2.1 balerparts.co.uk is the retail online sales division of Balerparts.
2.2 These conditions shall apply to all contracts for the sale of goods by Balerparts concluded via the Balerparts.co.uk web site to the exclusion of all other terms and conditions, including any terms supplied by you at any time.
2.3 Any order placed by you in response to the material set out on the Balerparts.co.uk web site shall constitute an offer by you to purchase goods from Balerparts, which Balerparts shall be free to accept or reject.
2.4 Balerparts must receive payment by credit card / debit card, PayPal or Global Payments (our online payment processing providers) of the whole of the price for the goods [plus the amount of the delivery charges and any relevant taxes or duties which Balerparts is obliged to collect] that you order before your order can be accepted. You will receive confirmation of the amount paid via Global Payments and once full payment has been received by Balerparts and Balerparts has determined that it shall meet your order, Balerparts acceptance of your order will be evidenced by receipt delivered with your purchases brings into existence a legally binding contract between us.
3.1 The prices payable for goods that you order (net of delivery and insurance costs and any applicable sales, export or import taxes, for which you must pay in addition) are the prices displayed on our Balerparts.co.uk site at the time you place an order. Prices quoted are net of VAT which is payable in addition to the price at the current rate
3.2 Balerparts reserves the right at any time to revise its prices without notice. Quotations are valid for 15 days and will only be acted upon on receipt of a written order referring to the quotation number.
3.3 You will be required to pay extra for delivery and insurance (and taxes if applicable) and it might
not be possible for Balerparts to deliver to some locations. The cost of delivery is calculated within the
total order value at the time you place the order. If an order is non-standard we will contact you to confirm the cost of delivery before updating the order and enabling you to complete payment on-line.
- Withdrawal by you from the contract
4.1. You may withdraw your order for goods at any time up to the end of the seventh working day after the date of receipt by you of the goods, provided you have not altered or damaged the goods in any way, or, in the case of videos or computer software, unsealed them from their shrink-wrap or cellophane packaging. You do not need to give Balerparts any reason for withdrawing your order.
4.2. The only circumstances in which you cannot withdraw your order are where you have altered or damaged the goods which you have already received (or the ones in relation to which you want to withdraw) or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or where you have failed to notify Balerparts of your wish to withdraw within seven days of your receipt of the goods.
4.3. To withdraw your order in accordance with condition 4.1 above you must notify Balerparts by email at email@example.com and, where the goods have already been dispatched, Balerparts will agree with you a method for the return of the unwanted goods to Balerparts.
4.4. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have altered or damaged them in any way, or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or failed to notify Balerparts within seven working days of your receipt of the goods of your wish to withdraw, you must send the relevant goods back to the agreed Balerparts return address at your own cost and risk.
If you withdraw your order before you receive the goods but Balerparts has already processed the goods for delivery, when you receive the goods, you must not unpack, alter or damage the goods and you must send the goods back to the agreed Balerparts return address at your own cost and risk as soon as possible.
- 5. Once you have notified Balerparts that you are withdrawing your order, and provided that the goods in question are returned by you and received by Balerparts in the condition they were in when delivered to you, any sum debited to Balerparts, for the returned goods, from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order together with the agreed costs of the return of the goods to Balerparts.
- Non fulfillment of your order
If Balerparts has insufficient stock to deliver the goods ordered by you, or for any other reason does not accept your order, any sum debited by Balerparts from your credit card will be re-credited to your account and Balerparts will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Re-credit of the amount debited from your credit card shall be the only payment due by Balerparts to you where an order is not accepted or goods cannot be delivered to you.
Balerparts shall not be liable to pay any additional compensation for losses or damages of any kind incurred by you as a result of non-fulfilment of your order (including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind), whether or not you have notified Balerparts of the possibility of such losses.
- Delivery of goods to you
6.1. If your order is accepted, Balerparts will deliver the goods ordered by you to the address you give Balerparts for delivery at the time you make your order. Subject to availability, Balerparts will endeavour to provide that goods are delivered within 30 days from the date of Balerparts’s acceptance email to you.
6.2. You will become the owner of the goods you have ordered when they have been collected by the carrier from Balerparts or when collected by you personally. Once goods have been collected they will be your risk and Balerparts will not be liable for their loss or destruction.
- Product warranties and guarantees
Save as provided by law, the only warranties and representations relating to the goods given to you by Balerparts are those set out in the written documentation (if any) supplied with the goods in question.
8.1. If the goods Balerparts delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Balerparts shall have no liability to you unless you notify Balerparts by email firstname.lastname@example.org of the problem within 10 days of the delivery of the goods in question.
8.2. If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, Balerparts shall have no liability to you unless you notify Balerparts by email email@example.com of the problem within 40 days of the date on which you ordered the goods.
8.3. If you notify a problem to Balerparts under this condition, Balerparts only obligation will be, at its option:
- to make good any shortage or non-delivery
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question together with any agreed costs incurred by you in returning any incorrect or damaged goods if so agreed to Balerparts.
8.4. Subject to condition 8.5 below, Balerparts will not be liable to you for any direct or indirect or consequential or special loss or damage (including without limitation, any loss of profits) arising out of any problem you notify to Balerparts under this condition and Balerparts shall have no liability to pay any money to you by way of compensation other than, where applicable, to refund to you the amount paid by you for the goods in question and any agreed return delivery charges as set out in paragraph 8.3.3 above. Balerparts shall not be liable for loss or damage arising from the incorrect fitting, use or alteration of the goods.
8.5. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under English law or under any applicable local law which may not be excluded by law, nor in any way to exclude or limit Balerparts liability to you for any death or personal injury resulting from its negligence.
- Force majeure
Balerparts shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
If any part of these conditions is unenforceable (including any provision in which Balerparts excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
- Governing law
The contract between us shall be governed by and interpreted in accordance with English law, and you accept that English law applies and that the English courts shall have nonexclusive jurisdiction to resolve any disputes between us.
- Third Party Rights
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- Entire agreement
These terms and conditions, together with the current balerparts.co.uk website prices, the delivery details supplied by you by email to Balerparts, Balerparts’s contact details set out on the Balerparts.co.uk site and the information set out on the invoice sent to you with the goods, comprise together the whole of our agreement relating to the supply of the goods to you by Balerparts.
These terms and conditions cannot be varied except in writing signed by a partner of Balerparts. In particular nothing said by any sales person on behalf of Balerparts should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Balerparts. Balerparts shall have no liability for any such representation being untrue or misleading.
Last updated: December 2019