Terms and Conditions
CONDITIONS OF SALE
CONDITIONS OF USE
CONDITIONS OF SALE
Contents
1 Definitions
2 Conditions applicable
3 Price and payment
4 The Goods
5 Warranties and liability
6 Savage Martial art Supplies Liability
7 Delivery of the Goods
8 Delivery by instalments
9 Acceptance of the Goods
10 Refusals
11 Returns
12 Title and risk
13 Remedies of Buyer
14 Seller’s cancellation clause
15 Third party rights
16 Headings
17 Severance
18 Waiver
19 Sub-contracting
20 Alteration of Service or Amendments to the Conditions
21 Proper law of contract
22 Force majeure clause
1 Definitions
1.1 In these conditions, unless the context requires otherwise:
1.2 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
1.3 ‘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;
1.4 ‘Delivery Date’ means the delivery period specified by the Seller when the goods are to be delivered;
1.5 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;
1.6 ‘Price’ means the price for the Goods excluding carriage, packing and insurance; and
1.7 ‘Seller’ means Savage Martial Art Supplies, Unit 2, Upper floor, Milton Business Park, 128 Milton road, Gravesend, kent, DA12 2PG
1.8 "Savage Martial Art Supplies" internet address is www.savagemartialartsupplies.co.uk
1.9 ‘Sellers Quoted Price’ is the price specified on the savage Martial Art Web Site.
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 or 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 Placing an order for 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 Price and payment
3.1 The Price shall be the Seller’s Quoted Price.
3.2 Payment of the Price shall be due at the time of placement of the order for the Goods. Time for payment shall be of the essence.
4 The Goods
4.1 The quantity and description of the Goods shall be as set out in the Savage martial Art Web Site.
4.2 The quantity and description of the Goods as set out on the Savage Martial Art Web Site are as described by the manufacturer. The Seller excludes liability for any inaccuracy in the quantity and description of the Goods.
4.3 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
5 Warranties and liability
5.1 The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller.
5.2 The Buyer warrants that they are over 18 years of age.
6 Savage Martial Art Supplies Liability
6.1 Savage Martial Art Supplies Web Site is provided by the Seller without any warranties or guarantees.
6.2 The Buyer must bear the risks associated with the use of the internet.
6.3 The Savage Martial Art Supplies Web Site provides content from other internet sites or resources and while the Seller tries to ensure that material included on the Savage Martial Art Supplies Web Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Savage Martial Art Supplies Web Site will not be responsible if this is not the case. Savage Martial Art Supplies Web Site will not be responsible for any omissions or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Savage Martial Art Supplies Web Site. If Savage Martial Art Supplies Web Site is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
6.4 In particular, we disclaim all liabilities in connection with the following:
6.4.1 incompatibility of the Savage Martial Art Supplies Web Site with any of the Buyer’s equipment, software or telecommunications links;
6.4.2 technical problems including errors or interruptions of the Savage Martial Art Supplies Web Site
6.4.3 unsuitability, unreliability or inaccuracy of the Savage Martial Art Supplies Web Site;
6.4.4 inadequacy of the Savage Martial Art Supplies Web Site to meet your requirements.
6.5 To the full extent allowed by applicable law, the Buyer agrees that the Seller will not be liable to the Buyer/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Savage Martial Art Supplies Web Site.
6.6 Nothing in this paragraph applies to the liability in respect of the products sold.
6.7 Nothing in these Terms and Conditions shall exclude the Seller’s liability for personal injury or death caused by its negligence.
6.8 The Sellers acceptance of an order takes place on the successful placement of the order, at which point the purchase contract will be made and the Buyer will be charged for the order.
6.9 The Seller reserves the right to accept or reject any order received from he Buyer, and to deliver the minimum quantities whether by value or by reference to the minimum delivery multiple of the Goods in question
6.10 The Seller reserves the right to make any changes to the Goods in order to comply with any statutory or EU requirements.
6.11 None of the Goods sold are intended to diagnose, treat, cure or prevent any disease.
7 Delivery of the Goods
7.1 Delivery of the Goods shall be made to the address specified by the Buyer on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. Deliveries will be made using royal mail first class package delivery service, unless otherwise agreed.
8 Delivery by instalments
8.1 The Seller may deliver the Goods by separate instalments. The Seller may raise a separate invoice and require payment for each instalment.
8.2 The failure or refusal of the Buyer to take delivery or to pay for any one or more of the said instalments of the Goods on the due dates shall entitle the Seller (at the sole option of the Seller):
8.2.1 without notice to suspend further deliveries of the Goods pending payment by the Buyer; and/or
8.2.2 to treat this contract as repudiated by the Buyer.
9 Acceptance of the Goods
9.1 The Buyer shall be deemed to have accepted the Goods within 12 hours of delivery to the Buyer.
9.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract, other than under the terms of the Conditions.
10 Refusals
Where goods are refused for no good reason a £10 handling fee will be charged to the Buyer.
11 Returns
11.1 Our 30-day returns guarantee means that if for any reason the Buyer is unhappy with the purchase it can, with the written agreement of the Seller, be returned to the Seller in its original condition within 30 days of the date the Buyer received the item, unopened (with any seals and shrink-wrap intact) and the Seller will issue a full refund for the price the Buyer paid for the item excluding delivery costs. Please note: the Seller can only accept the return of opened items if they are faulty.
11.2 The Seller is unable to exchange items that are not damaged, defective or incorrect.
11.3 If the Seller agrees to accept any such Goods for return the Buyer shall be liable to pay the return shipping. Such Goods must be returned by the Buyer carriage-paid to the Seller in their original shipping carton.
11.4 Goods returned without the prior written approval of the Seller may at the Seller’s absolute discretion be returned to the Buyer or stored at the Buyer’s cost without prejudice to any rights or remedies the Seller may have.
12 Title and risk
12.1 Title shall pass on delivery of the Goods.
12.2 Risk shall pass on delivery of the Goods.
13 Remedies of Buyer
13.1 Where the Buyer rejects any Goods, in accordance with the Conditions then the Buyer shall have the right to a refund of the Price.
13.2 If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods or, if the Seller shall elect, by refunding a proportionate part of the Price.
13.3 The Seller’s liability to the Buyer, whether for any breach of conditions or otherwise, shall not in any event exceed the Price and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Buyer or liability to third parties incurred by the Buyer.
13.4 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
13.5 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
13.6 All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a buyer dealing as consumer.
13.7 The Buyer shall notify the Seller of any non-delivery of a whole consignment of complete cartons within 7 days of the date of dispatch (as stated in the confirmation of despatch notification). Notwithstanding the receipt by the Seller of any such notice a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of cartons indicated on the advice sheet.
13.8 If the Buyer properly rejects any of the Goods which are not in accordance with the contract the Buyer shall nonetheless pay the full Price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer’s cost returns such Goods to the Seller.
14 Seller’s cancellation clause
The Seller may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
15 Third party rights
The provisions of the Contracts (Rights of Third Parties Act) 1991 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.
16 Headings
All headings are for ease of reference only and shall not affect the construction of this contract.
17 Severance
Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.
18 Waiver
No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
19 Sub-contracting
The Seller may licence or sub-contract all or any part of its rights and obligations under this contract without the Buyer’s consent.
20 Alteration of Service or Amendments to the Conditions
The Seller reserves the right to make changes to its website, policies, and the Conditions at any time. The Buyer will be subject to the Conditions in force at the time that the Buyer uses the website or that the Buyer orders goods from the Seller, unless any change to those policies or these Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by the Buyer).
21 Proper law of contract
This contract is subject to the law of England and Wales.
22 Force majeure clause
Save for the Buyer’s obligation of payment under clause 3.2 neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (‘Force Majeure Event’).
Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.
Terms and conditions of use of Savage Martial Art Supplies Web Site.
Contents
1 Definitions
2 Conditions Applicable
3 Third party Websites
4 Advertising and sponsorship
5 International Use
6 Limitations
7 Availability of Nutritech Ltd. Site
8 Electronic communications
9 Losses
10 Alternations of Services or Amendments to the Conditions
1. Definitions
1.1 In these conditions, unless the context requires otherwise:
1.2 ‘User’ means the person who views, enters or uses the Savage Martial Art Supplies Web Site.
1.3 ‘Conditions’ means the terms and conditions of use of Savage Martial Art Supplies Web Site. set out in this document.
1.4 ‘Seller’ means Savage Martial Art Supplies, Unit 2, Upper floor, Milton Business Park, 128 Milton road, Gravesend, kent, DA12 2PG
1.5 "Savage Martial Art Supplies Web Site."is the internet address http://www.savagemartialartsupplies.co.uk.
2. Conditions applicable
2.1 These Conditions shall apply to all Users
2.2 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. Third Party Websites
As a convenience to Users, Savage Martial Art Supplies Web Site. includes links to other websites or material that is beyond its control. The Seller is not responsible for the content on the Internet or the world wide web.
4. Advertising and Sponsorship
Part of the Savage Martial Art Supplies Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Savage Martial Art Supplies Web Site. Site complies with the relevant laws and codes. The Seller will not be responsible for any error or inaccuracy in advertising and sponsorship material.
5. International Use
The Seller makes no promise that materials on the Savage Martial Art Supplies Web Site. are appropriate or available for use in locations outside the United Kingdom, and accessing the Savage Martial Art Supplies Web Site from territories where its contents are illegal or unlawful is prohibited. If they choose to access this site from locations outside the United Kingdom, a User do so on their own initiative and are responsible for compliance with local laws.
6. Limitations
6.1. A User may not use the savage martial art supplies web site for any of the following purposes:
6.1.1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
6.1.2. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
6.1.3. gaining unauthorised access to other computer systems
6.1.4. interfering with any other person's use or enjoyment of the Savage Martial Art Supplies Web Site.
6.1.5. breaching any laws concerning the use of public telecommunications networks
6.1.6. interfering or disrupting networks or web sites connected to the savage martial art supplies web site.
6.1.7. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
6.2. The Seller reserves the right to refuse to post material on the Savage Martial Art Supplies Web Site or to remove material already posted on the Savage Martial Art Supplies Web Site.
Users indemnify the Seller against all losses, liabilities, costs and expenses reasonably suffered or incurred by the Seller, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by the Seller as a result of any settlement agreed by us arising out or in connection with:
6.2.1. any claim by any third party that the use of the Savage Martial Art Supplies Web Site. by a User is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
6.2.2. any claim by any third party that the use of the Savage Martial Art Supplies Web Site by a User infringes that third party's copyright or other intellectual property rights of whatever nature; and
6.2.3. any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Savage Martial Art Supplies Web Site by a User.
6.3 Limtitations of delivery and service are to the United Kingdon Only.
7 Availability of Savage Martial Art Supplies Web Site.
7.1 The Seller makes no promise that the services at the Savage Martial Art Supplies Web Site.will meet a User’s requirements. The Seller cannot guarantee that the service will be fault free. If a fault occurs in the service a User should report it to the Seller and the Seller will attempt to correct the fault as soon as it reasonably can be.
7.2 Users’ access to the Savage Martial Art Supplies Web Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Seller will attempt to restore the service as soon as it reasonably can.
8 Electronic communications
When Users visit the Savage Martial Art Supplies Web Site or send e-mails to the Seller, Users are communicating with the Seller electronically. The Seller communicates with Users by e-mail or by posting notices on the website. For contractual purposes, Users consent to receive communications from the Seller electronically and Users agree that all agreements, notices, disclosures and other communications that the Seller provides to Users electronically satisfy any legal requirement that such communications be in writing. This condition does not affect User’s statutory rights.
9 Losses
The Seller will be responsible for any losses a User suffers as a result of the Seller breaching these Conditions if the losses were reasonably foreseeable to both the User and the Seller when the User commenced using the website. The Seller will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both the User and the Seller when the User commenced using the savage martial art supplies web site. The Seller does not limit in any way liability by law for death or personal injury caused from the Seller’s negligence or breach of duty.
10 Alteration of Service or Amendments to the Conditions
The Seller reserves the right to make changes to the Savage Martial Art Supplies Web Site, policies, and the Conditions at any time. Users will be subject to the Conditions in force at the time that the User uses the website or that the User order goods from the Seller, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by the User).
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