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TERMS OF SALE FOR TEMPESTRA LIMITED Please read these terms of sale carefully before placing your order with Tempestra Limited and retain a copy of these terms and your order for future reference. These terms of sale apply to all goods supplied by Tempestra Limited, registered in England and Wales under no. 6280622 with our registered office at Tempestra Limited, 14 Willow Court, Springwell Lane, Rickmansworth, Hertfordshire, WD3 8UZ. 1 The contract between us 1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. We will accept your order by sending a confirmatory e-mail to you at the e-mail address that you provide in your order. Our acceptance of your order brings into existence a legally binding contract between us. 1.2 Orders for goods ordered by you which do not appear in the confirmatory e-mail are not accepted by us and do not form part of that contract. 1.3 We may change these terms of sale without notice to you in relation to future sales. 2 Description and price 2.1 The descriptions and prices payable for goods that you order are as set out on our website. 2.2 Every effort is made to ensure that the prices shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will re-credit to your account any sum deducted by us from your credit or debit or charge card as soon as possible but in any event within 30 days of your order. 2.3 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are as set out on our website. 2.4 The price of the goods and delivery charges are inclusive of VAT. 3 Right for you to cancel your contract 3.1 You may cancel your contract with us for the goods you order at any time up to the end of the 7th working day from but not including the date you receive the goods. You do not need to give us any reason for cancelling your contract. 3.2 To cancel your contract you must notify us in writing by sending to us an e-mail at enquiries@tempestra.co.uk, giving details of the goods ordered and their delivery. 3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. 3.4 Once you have notified us in writing that you are cancelling your contract, any sum debited to us from your credit or debit or charge card for the price of the goods will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. 4 Cancellation by us 4.1 We reserve the right to cancel the contract between us if: 4.1.1 we have insufficient stock to deliver the goods you have ordered; 4.1.2 we do not deliver to your area; or 4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error. 4.2 If we do cancel the contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit or charge card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. 5 Delivery of goods to you 5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. 5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. 5.3 Save in the case of cancellation in accordance with clause 3.3 above, you will become the owner of the goods when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 6 Liability 6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail in writing at info@tempestra.co.uk of the problem within 10 working days of the delivery of the goods in question. 6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail in writing at enquiries@tempestra.co.uk of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option: 6.2.1 to make good any shortage or non-delivery; or 6.2.2 to replace or repair any goods that are damaged or defective; or 6.2.3 to refund to you the amount paid by you for the goods and delivery charges in question in whatever way we choose. 6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses arising out of any problem you notify to us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods and delivery charges in question under clause 6.2.3 above. 6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. We make no representation and accept no liability in respect of the export or import of the goods you purchase. 6.5 Notwithstanding the above, nothing in these terms of sale is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. 6.6 You acknowledge and agree to be bound by the terms of our disclaimer statement. 7 Notices All notices from you to us must be in writing and sent to our e-mail address enquiries@tempestra.co.uk and all notices from us to you will be by e-mail or displayed on our website from time to time. 8 Events beyond our control We 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 our reasonable control including, without limitation, breakdown of systems or network access, flood, fire, explosion or accident. 9 Invalidity If any part of these terms of sale is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms of sale will not be affected. 10 Privacy You acknowledge and agree to be bound by the terms of our privacy policy. 11 Third party rights A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. 12 Entire agreement These terms of sale, together with our current website prices, contact details, disclaimer and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms of sale or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. 13 Governing law These terms of sale and their performance shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English courts. 14 Contact details You can contact us by e-mailing us at enquiries@tempestra.co.uk Our contact address is: Tempestra Limited 22 Gould Road Lordswood Chatham Kent ME5 8EA |
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