|IMPORTANT: EACH TERM SHOULD BE READ CAREFULLY. THESE TERMS STRICTLY LIMIT OR DEFINE THE PARTIES’ OBLIGATIONS. THESE TERMS APPLY TO GOODS ORDERED THROUGH OUR WEB SITE.
If you place an order, or accept or use the goods, you shall be deemed to accept these terms and conditions despite anything to the contrary stated in your order. Your conditions of purchase (if any) shall not apply to this contract. No variation of, or addition to, these terms shall take effect unless agreed in writing by the parties. A contract shall come into effect when:
- we respond by sending an email to you on us receiving from you an order using the web site specifying the goods you wish to purchase, or
- alternatively, if any order by you requires management approval, on such a manager sending an email or sending a communication by the web site from you to us in response to us sending an email in response to you sending an order using the web site, or
- further in the alternative, if any order by you requires management approval, 24 hours has passed from us sending an email to you on us receiving from you an order using the web site specifying the goods you wish to purchase, and you have not provided a response (option (a) to (c) named as a ‘confirmatory email’), or (d) if you have requested not to receive a confirmatory email, on us entering your order in our order book and allocating it a job number after receiving your order using the web site specifying the goods you wish to purchase.
In these Conditions of Sale
shall mean Tracks-Direct and its servants or agents.
shall mean the person(s) or company to whom the Seller's Confirmation of Order form is addressed or any other person or company purchasing Goods from the Seller and the servants or agents of such persons or companies.
shall mean the Seller and the Buyer.
shall mean all goods materials and packaging supplied by or on behalf of the Seller.
2. TERMS AND CONDITIONS
- Unless expressly agreed by the parties in writing any contract relating to the supply of Goods by the Seller shall be subject to these Conditions It the Buyer wishes to vary or object to any of these Conditions he must do so expressly in writing. Any general conditions of order or other terms of business offered on behalf of the Buyer shall if inconsistent with these Conditions be deemed to have been rejected by the Seller unless expressly accepted by the Seller in writing.
- These conditions shall override any terms or conditions stipulated by the Buyer in any antecedent negotiations, if inconsistent herewith.
- Unless expressly agreed by the parties in writing, these conditions and any estimate issued by the Seller shall be deemed in respect of each Order to constitute the entire bargain between the parties.
- No servant or agent of the Seller has authority to vary or waive any of these Conditions on behalf of the Seller, other than a Director doing so in writing.
3. DELIVERY AND RISK
- The Goods shall be at the Buyer’s risk from the time they are delivered to the carrier for transport to the Buyer's premises or if carried on transport provided by the Seller from the time of delivery.
- Where the Sellers are unable to install the Goods on site through no fault of the Seller the Buyer will be charged at the Seller's prevailing rates to include time and expense incurred in traveling to and from site and for any additional attendance to install the Goods.
- The provision of power lighting scaffolding or any other staging required for installation of the Goods is the responsibility of the Buyer who warrants to the Seller that the same will be safe and in accordance with the relevant statutory requirements.
- Any time or date for delivery named by the Seller is an estimate for information only. Time of delivery shall be deemed not to be of the essence, and the Seller shall in no circumstances be liable for the consequences of any delay.
- All claims for damage to or partial loss of Goods in transit must be submitted in writing to Seller within three days of delivery. In the case of non delivery of the whole consignment claims must be submitted in writing to the Seller within seven days of dispatch of the goods that will have been notified by email to the Buyer (or any servant or agent of the Buyer). If the Buyer does not claim as aforesaid the Seller shall not for any reason whatsoever be liable for damage to or partial or total loss of the Goods in transit.
4. SELLERS OBLIGATIONS
- The Seller shall not in any way be liable for any inability to perform all or part of its obligations hereunder (whether permanently or temporarily) whether by reason of strikes, lock-outs, or other industrial disputes or disruption riot or civil commotion, hostilities (whether war is declared or not) Fire, Act of God, storm, failure or breakdown of machinery or supplies, delay of Sub-Contractors, the provisions of any statute, regulation or by-law, or without prejudice to the generality of the foregoing, any other unforeseen circumstances or cause beyond its control. Where the cause of the Seller’ s inability to perform is temporary, then the time for performance by the Seller of its obligations will be suspended until such temporary cause is removed, and extended thereafter for a corresponding period to enable the Seller to complete and the Buyer to accept performance thereof.
- Under no circumstances will the Seller be liable for any loss suffered by the Buyer arising out of any negligence (save in the case of negligence resulting in death or injury) or any breach of contract by the Seller, its servants or agents or otherwise howsoever arising and whether such loss be direct, indirect or consequential. It will be the duty of the Buyer to insure against any such risks and the Seller’s prices are arrived at on this basis.
- The Seller does not warrant or in any way accept responsibility for the accuracy of statements and/or representations whether written or oral made prior to or at the time of the conclusion of the contract by the Seller and all such statements and/or representations shall be deemed to have been expressions of opinion only.
- Unless otherwise agreed in writing, payment of the full price shall be made by the Buyer in England in Sterling on placement of order.
- The Seller shall be entitled to charge a service charge on all overdue payments at a rate of 5 per cent per annum above the Barclays Bank Plc Minimum: Lending rate then in force calculated monthly (any partially completed calendar month being deemed for this purpose a completed month) without prejudice to the Seller’s right to enforce payment of any overdue payments together with any service charge accrued due hereunder at the rate such proceedings are brought
6. OWNERSHIP OF THE GOODS
- Without prejudice to the provisions of clause 3 above until fully paid for by the Buyer the Goods shall remain the property of the Seller. The Buyer shall keep such Goods in a safe and secure place suitable for their storage and shall insure the Goods for their full resale value. The Seller may by notice in writing to the Buyer require him to store such Goods in such a way that they can be readily recognised as the property of the Seller and not of the Buyer.
- The Buyer may re-sell, any such Goods for which he has not yet paid provided that in doing so as regards sub purchasers he acts and purports to act as principal only while as regards the Seller he acts as agent and holds the proceeds of such sub sales in trust for the Seller until all Goods purchased by him from the Seller have been fully paid for. On request, the Buyer shall render an account to the Seller of all sub sales -
- On request, the Buyer will assign to the Seller all such rights as the Buyer may possess against the sub purchasers of such Goods, to enable the Seller to recover any payments due to him from the Buyer. Following such an assignment the Seller shall be entitled to treat the debt owing from the sub purchaser to the Buyer in every respect as his own, and shall be entitled to remit the debt or any part thereof or to give time to the debtor or otherwise to deal with the debt without being liable in any way to the Buyer. The Seller will account to the Buyer for any surplus recovered from the sub purchaser after satisfaction of such sums owing to the Seller and after payment of the Sellers reasonable costs and expenses of recovery.
- The Buyer will hold in trust for the Seller the proceeds of any insurance claim made by the Buyer in respect of loss or damage to such Goods until such time as the goods have been fully paid for and will on request assign the benefit of any such claim to the Seller.
7. RETURNS POLICY
Items that are made to measure (i.e. made from measurements you have given) cannot be returned. Items that have not been made specifically to your measurements can be returned within 30 days of the purchase date providing they are unused and in their original packaging. If you are returning any product you should contact us to let us know you are returning the goods quoting your order reference number, the name and item code and the date the goods were ordered. If you would like us to arrange collection and use our carrier a charge of £25 per parcel will be made. When we have received the goods and checked them we will credit the amount paid for the goods to your credit card (if paid by credit card) or by same means as the goods were paid for.
8. DATA PROTECTION / PRIVACY
- The Seller is aware of its obligations under the Data Protection legislation and GDPR, endorses this and will apply the revised data protection principles and has undertaken a number of actions to comply. The Seller collects, records and processes customers’ personal and/or business data as part of its business and to meet legal or other legitimate requirements. Where data is collected and processed for other reasons this will be notified to customers and consent sought. Customers have the right to access their personal data and rectify this, to challenge the way in which the data is recorded and processed or who has access to the data. Customers can ask to have their personal data deleted or to withhold consent for the use of their data where not legally required – however this may result in the Seller not being able to continue a business relationship with a customer. The Seller shares personal data with legitimate third parties for the pursuance of a service to customers and will ensure third parties provide evidence of their compliance with the Data Protection Act and GDPR 2018. Data will only be kept for as long as the business relationship exists or as required by law or financial regulations.
- Further information on the Seller’s policy and to assert any data protection rights should be made in writing to:
Unit 6, High Wycombe Business Park
An administration fee may apply for any Data Subject Access Requests.
9. GOVERNING LAW
Unless otherwise agreed these conditions and any contract subject to these conditions shall be subject to and in accordance with the law of England.