Terms and Conditions: Orders, Deliveries and Returns
rhldirect.com terms and Conditions
CONDITIONS OF SALE
All goods are supplied to intending buyers on the following terms which shall have precedence over any conditions appearing on any order form or any other document emanating from an intending buyer and such intending buyers conditions shall have no effect whatever unless expressly accepted in writing by the seller.
1.1 In these Conditions of Sale the “Seller” is Vapour Flow Ltd. trading as rhldirect.com: “goods” are the items supplied by the Seller, the subject of this Contract: the “Buyer” is the party to whom the goods are supplied under this contract.
2. CONSTRUCTION OF THE GOODS
2.1 The Seller reserves the right to make (without giving notice to the Buyer) any alteration in the construction and design of the goods which it thinks reasonable or desirable or with which it is required to conform under any applicable safety or other statutory requirements and the buyer shall accept the goods as so charged in fulfilment of the Buyer’s rights under the contract.
2.2 The Seller shall not be bound to comply with any requests from the Buyer to modify or otherwise vary the previously agreed design or composition of the goods. If the Seller decides to comply with such requests any additional costs incurred by the Seller shall be borne by the Buyer.
3. ACCEPTANCE OF ORDERS
Orders are accepted only upon and subject to these terms and conditions
3.1 Unless expressly accepted by the Seller in writing, any qualification to the conditions or any new conditions appearing on an order form or any other document emanating from the Buyer will be treated as not having any effect whatever and not binding on the seller in any way whatsoever.
3.2 The Seller’s employees or agents are not authorised to make any representations concerning the goods unless confirmed by the Seller in writing. In entering into the contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations that are not so confirmed.
3.3 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
3.4 Deposit paid with orders are not refundable.
4. DELIVERY, LOSS, DAMAGE, SHORTAGE AND RETURNS
4.1 The Buyer will provide the Seller without delay all the information the Seller requires to fulfil this contract and the estimated time of delivery will run from the date the Seller receives that information.
4.2.1 The Seller will use its best endeavours to provide the goods in the time stated, but the time of delivery shall not be of the essence and if the Seller is unable for any reason to fulfil any delivery of the goods, the Seller shall not be deemed to be in breach of this contract or have any liability to the buyer and shall be entitled either to terminate this Contract (in which case the Seller shall be entitled to be paid for services partially performed and all costs and expenses incurred in relation to this contract). or to specify a reasonable extension of time.
4.2.2 In complying with the provisions of Clause 4.2.1 above, the Seller shall not be obliged to give the Buyer any priority over any other customer of the Seller with regard to the supply or delivery of the goods.
4.3 DAMAGE IN TRANSIT
4.3.1 The Seller shall not be liable in respect of any claims for damages in transit, or loss through damage in transit, unless the carrier and the Seller are notified of any defect in the goods in writing within 3 days of the arrival of the consignment.
4.3.2 If the Buyer fails to give the notice referred to in Condition 4.3.1 above, then (except in respect of any defect which is not one which should be apparent on reasonable inspection) the Buyer shall be deemed to have accepted the delivery of the goods in question and the Seller shall have no liability to the Buyer with respect to that delivery.
4.4.1 Subject to the provisions of Clause 4.2.1 above, the Seller shall not be liable in respect of any claims for shortage of goods unless notified in writing within 3 days of arrival of the consignment.
4.5.1 Subject to the provisions of Clause 4.2.1 above, the Seller shall not be liable unless any claim for non-delivery is notified in writing within 21 days of dispatch to both the Seller and the Carrier.
4.6.1 Faulty, damaged, or other goods for credit must be returned directly to the Seller by post or carrier and full details including date and invoice number relating to supply of goods must be submitted on an accompanying returns note. Under no circumstances can the seller accept a claim for faulty goods where the goods are not available for inspection. Claims in respect of alleged faulty gods shall not be a grounds for withholding payment of accounts and shall not give the customer any right of set-off against payment due to the seller.
4.6.2 Subject to the Conditions of this Contract, goods which have been supplied by the Seller at the request of the Buyer and in accordance with his instructions cannot be accepted for return without the written consent of the Seller.
4.6.3 The Seller reserves the right to dispose of such goods as specified in Clause 4.6.2 returned without written consent in any way he thinks fit.
4.6.4 Where the Seller consents to returns as specified in Clause 4.6.2, a handling charge of thirty five per cent (35%) of the total invoice price will be made.
4.7.1 Subject as expressly provided in these Conditions and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
4.7.2 Where any valid claim in respect of any of the goods, which is based on any defect in the quality or condition of the goods, is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the goods (or the part in question) free of charge or, at the Seller’s sole discretion the Seller may issue a credit note to the Buyer with the value of the goods (or the part in question), but the Seller shall have no further liability to the Buyer.
4.7.3 Subject to the provisions of Clause 4.7.2 above, any credit note issued to the Buyer shall have value against current outstanding invoices (or invoices for future orders) only.
4.7.4 Credits notes do not have any redeemable monetary value other than the provisions of Clause 4.7.3
5.1 The Seller will endeavour to hold prices shown in the price list current at the date of order to the best of his ability but reserves the right to amend them without notice at any time. All prices are (unless expressly notified by the Seller) subject to VAT at the rate current at the time of supply.
5.2 Each invoice must be paid in full by the Buyer no later than the 30 days following the invoice date. For late payment the Seller is entitled to add interest to the amount outstanding at the rate of three per cent per month, compounded.
5.3 The order price does not include any costs in respect of carriage, packing and handling.
5.4 The Buyer will indemnify the Seller against any loss or liability arising from the failure by the Buyer to perform its obligations under this contract.
The Seller shall not be liable for defects in goods supplied by third parties or for damage or loss resulting from such defects and the Seller gives no representation or warranty whatsoever in connection with such goods. In no event shall any defect or failure of any kind (including non-delivery) give rise to any liability for loss of revenue or any consequential loss or damage arising from any cause whatsoever.
7. RISK AND TITLE
7.1 Risk in the goods shall pass to the Buyer when the Seller notifies the Buyer that the goods are ready for dispatch or the goods are dispatched from the Seller s premises. whichever is the sooner. The Buyer should insure on this basis.
7.2 The goods shall remain the sole and absolute property of the Seller as legal and equitable owner unto such time as all monies due from the Buyer to the Seller whether or not such monies arise under; the terms of this contract, have been paid to the Seller until such time as the Buyer acknowledges that he sold such goods in a fiduciary capacity.
7.3.1 Until such time as the Buyer becomes the legal and equitable owner of the goods, the goods shall be stored separately from the Buyer’s or any other goods and in a manner which makes them readily identifiable as the Seller’s goods.
7.3.2 Subject to the terms of this Contract, until such times as the Buyer becomes the owner of the goods, the Buyer is licensed by the Seller to process the goods or incorporate them in or with any other product or products, subject to the express condition that the new product or products or any other chattel whatsoever containing any part of the said goods, shall be identifiable as being made from or with the Seller’s goods.
7.4.1 If the Buyer, before becoming owner of the goods, does anything which would entitle a Receiver to take possession of any assets fir entitle any person or body to present a petition for winding up or exercise any right over or against the Buyer’s assets or undertaking, the Buyer’s rights to possession in the goods shall cease. The Seller shall have a right to enter any premises where such goods are stored or thought to be stored and repossess the same.
7.4.2 If the Seller’s goods, before passing into ownership of the Buyer, are admixed with the Buyer’s goods or are processed with or incorporated therein, the produce thereof then become the sole and exclusive Property of the Seller. If such goods are admixed with the property of another, the product thereof shall become or be deemed to be owned by the Seller in common with that other person.
7.4.3 Where the Buyer, before becoming owner of the goods. re-sells the goods. it shall be subject to the express condition that the Buyer will sell as agent and bailee for the Seller and the entire proceeds of such sale then be held in trust for the Seller and not mingled with any other monies, but shall at all times be readily identifiable as the Seller’s monies by being held in a separate account.
7.4.4 Where the Buyer has not received monies from a subsequent purchaser. the Seller then be entitled to require the Buyer to assign to it and the Buyer shall assign all rights against the subsequent purchaser within 7 days of the sale for the goods applied that have been made from or with the Sellers goods, provided that ownership of the goods has not passed to the Buyer.
7.5 The failure of the Seller at any time, or for any period of time, to enforce any of the Conditions herein contained, shall not operate as a waiver thereof or of any rights available at law or contained therein, nor shall the Seller be thereafter prevented from enforcing each and every Condition thereof.
7.6 The Buyer shall be deemed to have disposed of the goods purchased from the Seller on a first in – first out basis. so that any of the goods supplied to the Buyer by the Seller which remain on any of the Buyer’s premises or are otherwise in the Buyer s possession or under the Buyer’s control, shall be deemed to be the goods most recently dispatched to the Buyer by the Seller.
8. LAW AND ARBITRATION
English Law shall govern this contract. Any dispute which the parties are unable to settle between them shall be submitted to arbitration by an Arbitrator to be appointed by the Arbitration Court. London.
9. ONLINE RETURNS AND EXCHANGES
9.1 You may cancel your order any time within seven (7) working days, beginning on the day after you received the goods. We will refund the price of the goods in full, however the delivery costs originally paid are non-refundable. You will be responsible for the cost of returning the goods to us. If a refund is payable to you we will process the refund as soon as possible, and, in any case within thirty (30) days of the day you gave written notice of cancellation.
9.2 To cancel an order you must return the goods to us immediately. The goods must be returned in the same condition in which you received them, and they will be returned at your own cost and risk.
9.3 You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. This applies to all goods that are returned.
9.4 Our returns policy does not affect your statutory rights.
9.5 If you return goods claiming they are defective, we will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case within thirty (30) days of the day we confirm via e-mail that you are entitled to a refund for defective goods.
9.6 Any orders for personalised goods are non-refundable. Please note that this does not affect your statutory rights.
9.7 If a refund is payable to you, we will use the same method used by you to pay for your order.
Please return your goods to:Vapour Flow Limited (t/a rhldirect.com) 39 Suttons Business Park Reading Berkshire RG6 1AZ United Kingdom
If you have a query about returning goods, please contact our Customer Services team.