Terms and Conditions of Sale
E.J. BLACKLEY & SON - TRADING POLICY, TERMS AND CONDITIONS
Please note that the text coloured red is to highlight the Website relevant Terms and Conditions
1. GENERAL and PURPOSE:
The Terms & Conditions herewith, collectively pertain to all activity between the Seller ( E J Blackley and Son) and the Buyer (customer),conducted at either the registered business address, locations away from the registered business address or through the Website at www.blackleyandson.com.
All terms for projects, materials or equipment to be supplied by or throughout E.J.Blackley & Son (hereinafter referred to as "the Seller") are offered subject to the following expressed terms and conditions, and will assume full knowledge by the buyer of those conditions. No variation of the conditions of sale will be accepted by the Seller unless it has been previously agreed in writing.
All product prices quoted are exclusive of postage. Prices are quoted "ex-works" and packing and carriage will be charged at extra cost.
For website purchases the prices are exclusive of postage/shipping,however postage/shipping cost will be evident within the checkout section.
In some instances the approximate date of delivery will be as stated on the Sellers acknowledgement of order (if applicable), or at point of order and will commence from the date thereon. The time so stated will be an indication only, and will not constitute a contract. Delay in delivery will not entitle the buyer to cancel his order nor will it provide entitlement by the buyer to any indemnity, penalty or compensation, consequential or otherwise.
Items/goods requiring of manufacture may delay the order completion date, however acknowledgement of such will be forthcoming from the seller to the buyer in such instances.
The goods will be at the buyer's risk when they are delivered into their possession (or that of any other person), or place of delivery authorised by them . The Seller shall not be liable for any losses sustained by the buyer, or any other person, resultant upon delays in delivery or losses in transit, or for any other reason whatever.
If the goods have not been received by the buyer within 10 days from the date of acknowledged despatch, or goods receipt (whichever is the latter), the Seller must be informed accordingly and without further delay.
3.1 Shipping: The class of shipping/postage selected or advised, will determine only the class of which goods will be despatched, and only from the eventual point/date of despatch; it will not imply shipping has commenced at point of order, or order acknowledgement.
4. PASSING OF TITLE:
The ownership of all goods (including materials, components and accessories) delivered by the Seller will only be transferred to the buyer when the customer has paid all sums owing to the Seller on any account whatsoever. Prior to such payments, the Seller retains the ownership of the goods. Until the date of payment of all such sums as aforesaid, all goods supplied to the buyer so long as they remain unused and unattached to any object for which they are ultimately intended shall be stored by the buyer in such a way that they remain clearly identifiable as the Seller's property.
If the buyer defaults in payment, the Seller shall be entitled to demand return of the goods as may be necessary and repossess the goods and/or objects to which the Seller has title hereunder.
5.1 Internet Orders (website only) - Payment at point-of-sale, through encrypted On-Line payment facility.
5.2 Account Customers - Payment shall be made within seven days of the date of invoice unless agreed in the Seller's Tender or quotation or other written terms of agreement.
5.3 Non Account Customers- payment terms are at point of order, at point of collection/despatch or as agreed with the Seller.
5.4 Overdue Accounts - The Seller reserves the right to:- 1/ charge interest on overdue accounts at the rate of two per cent over the current base rate of the Seller's Bankers at the time the account falls due, 2/. Charge the customers account a fee of £10.00 for each reminder sent for the outstanding balance. Reminders are sent approximately ever seventeenth day following the payment due date and until the payment is settled in full.
5.5 Payment types -
-Credit and Debit Cards : Some may involve a small fee. There may be exclusions of some card types.
-Pay Pal : To email@example.com
-Bank Transfer : Paid directly to our Business account, prior agreement to be made, or at
least notification of intent to pay amounts by this means.
Swift Code - BARCGB22 Iban number IBAN GB64 BARC209208 33247112
Sort Code - 20-92-08 Account number - 33247112
In the case of overseas bank transfers, a fee of £6.00 will be charged and is the responsibility of the Buyer to ensure this is included with the payment , this fee is charged to us by our bankers. This fee will be added to the total goods and shipping invoiced amount ( assuming we are prior advised of intent to pay by this method) and worded accordingly on the invoice. This is not applicable to transfers from a UK bank.
5.6 Tooling requirement costs: Where applicable mould/tooling charges shall be paid for on acceptance of order, either in part or full (or as otherwise agreed upon acceptance of order), and the said moulds/tooling to remain the property of the Seller for the exclusive use of the buyer, or as otherwise agreed in writing.
6. RETURNS: (Mail Order, Distance Selling)
Most items purchased through the Seller can be done so in the knowledge that some, or all the items purchased may be returned within fourteen days from the date of item/s receipt, if not completely satisfied. The Seller must be notified immediately by Letter or Email following the goods receipt by the Buyer, where return arrangements will be discussed. Item/s found at fault by way of our oversight during our pre-shipping inspection will be exchanged or refunded without dispute, including shipping costs.
In the case of bespoke items/goods manufactured by the Seller in accordance with Buyers requests (items manufactured to customers specifications), then only product fault may be entertained by the Seller, the fault to be made good or replaced.
The following conditions must be noted for items wishing to be changed or refunded for reasons other than fault:
1/ The item for return is in a condition that renders it suitable for re-sale.
2/ It has not been worked upon, or its appearance changed to differ from the condition that it was initially
3/ We may wish for the buyer to redeem the associated shipping costs of the invoice value and be held
responsible for the returned goods shipping costs in such Instances, but would evaluate each incident
4/ The Seller had been notified immediately following the Buyers receipt of the goods.
In any event, we want you to be satisfied with us, our product and service, and we want you to remain a
customer for the future. We realise that can only be achieved by attending any issue you may have, as
efficiently as possible.
5/ The Buyer is responsible for the returns cost of shipping to the seller.
6.1 Returns and Shipping : The buyer will be responsible for the shipping cost relating to all returns, with the exception of proven product fault.
6.2 Returns Process:
Buyers wishing to return goods must request from us a 'Model withdrawal form', where the required information for initiating the return must be stated.
Any refund approved by the Seller as discussed with the Buyer shall be applied at the earliest convenience, however 14 days must be allowed for the refund transaction to be completed, following return of goods to seller.
7.1 Refunds associated to goods returned: will be applied assuming the said goods had been returned to the Seller for inspection and approval.
7.2 Refunds associated to goods not at that point despatched to the Buyer: shall be applied once the Buyer has made aware his intention of order cancellation and his willingness to accept agreed refund, this to be confirmed by letter, fax or Email.
7.3 Refunds relating to bespoke items/goods(customer specifications): shall be considered, however in such cases the work/labour application applied to that item or project by the Seller up to the date of the refund demand will be chargeable.
7.4 Refunds associated to additional work or assembly : Additional work from the seller applied to goods previously purchased by the buyer, where that additional work was requested by the buyer; will not be entertained a refund. Therefore the buyer would be liable for the invoiced amount of the additional work. However the original goods may be considered for refund assuming the seller was notified within seven days of the original parts order/purchase date, also that the item/s were fit for resale.
7.5 Refunds and Shipping: Shipping costs from the original order placed by the Buyer shall be fully refunded unless shipping selections made by the Buyer were in excess of standard First Class. In which instance will only be refunded to the value of the First Class cost.
The Seller will replace or repair at its option any defective products of its own manufacture which prove to be defective within a period of thirty days of delivery by reason of incorrect material or faulty workmanship, provided that such defects are notified to the Seller within 30 days of delivery.
In the event that the Seller may require for inspection all or part of allegedly defective products the return to the Seller's premises of these items shall be at the expense of the Customer. Defective products will become the property of the Seller and must be held to its order.
8.1: Any product not of the Seller's manufacture is sold under such warranty only (if any) as the makers give the Seller, provided the Seller is able without expense to enforce it, but products are not guaranteed by the Seller in any way.
8.2: In the event of any products being defective, reasonable time shall be given to the Seller to enable it to remedy any defect.
9. GOODS IN TRUST:
Every care is taken to ensure the most appropriate security for the Buyers goods whilst in our care.
The supplier will not be held responsible for theft or damage to the Buyers property resulting from natural disaster, acts of god, fire, theft or vandalism.
It is the Buyers responsibility to ensure suitable insurance cover for the goods whilst in our care, and must be understood that the sellers insurance policy may not entertain certain values for claim.
10. RETURN OF BUYERS GOODS AND PACKAGING.
We shall endeavour to return the customers/Buyers property in the same packaging from which it was received.
We shall return the goods by the same service used by the customer/Buyer in the first instance,
unless any work undertaken by us constitutes a different service requirement.
Any changes to service will be advised by email or letter.
We will apply those changes only upon receipt of the customers/Buyer corresponding reply of acceptance.
If we assess the customers/Buyers original packaging as being inadequate for the return of the goods, we shall advise accordingly by email or letter, to which a response will be required.
The overall decision on suitability of the customer/Buyers original packaging will be the decision of the customer/Buyer.
We are unable to accept responsibility for damage to the goods whilst in transit through a third party shipper or postal service.
10.1 Insurance of goods for transit.
We will facilitate the same method and values applied as the customer/Buyer in the first instance.
It will be assumed that the customer/Buyer had initially dispatched the goods to us after careful consideration of the contents and it's required insured value.
Should the customer/Buyer require any amendments or changes to the insured values or methods, we should receive notification by letter or email.
Only upon our corresponding reply, will the changes be deemed accepted by ourselves.
10.2 Loss or damage in transit..
Any loss or damage to the customers/Buyers property in transit will be deemed the responsibility of the shipper.
In the event of a Buyers claim to the shipping company, we will issue corresponding insurance and tracking details for any claim required.
IMPORTANT- it must be assumed that most courier companies will not insure antique goods.
Therefore, it is the responsibility of the Buyer of the goods in such an instance, to ensure they have a suitable insurance policy in place to cover their goods whilst in transit. Should the Buyer not be the owner, then the Buyer must advise the owner of such.
10.3 Visitation and inspection:
By appointment, the customer/Buyer may attend, or organise a third parties attendance to inspect the goods prior to dispatch.
'Open box' Collection can be arranged, thus permitting the collecting shipper suitable inspection of the goods.
In so doing we would require signed documentation of approval by the attendee, prior to release of the goods.
11. COOL OFF PERIOD TO BUYERS
Due to EU regulations demanded of businesses trading or contracting from locations other than the stated registered address, for example Trade Exhibitions; the buyer is entitled to a 14 day 'cool off' period, effective from the date of purchase.
This applies to products or services - ordered, commissioned or collected, at locations other than the registered address of the seller.
Buyers wishing to exercise the right to cancel any order/commission may do so within the 14 day period from the date of purchase, and must do so by letter post, or email.
Any commission cancelled following the buyers goods being returned to the sellers registered premises at the request of the buyer, will be subject to any return shipping costs being the responsibility of the buyer.
In cases of payment being received by the purchaser, the same (excluding any shipping cost) will be refunded.
In all cases any cancellation will be subject to the goods being unchanged from the condition of which supplied to the buyer.
Furthermore will be subject to our 'Returns' (6.0 - 6.1) and 'Refunds' (7.0 - 7.5) policies within our Terms and Conditions
Buyers wishing to waiver the above 14 day condition may do so by written agreement with the seller. Most commonly exercised where the buyer requests of immediate attention to a commission of repair.
"You" and "your" relates to the natural person reading this document that is: considering purchasing, has purchased from E J Blackley and Son or is making an enquiry.
HOW WE USE YOUR PERSONAL DATA
We will use the personal information you supply to us in the course of submitting an order for the purpose of fulfilling that order.
Along with, or instead of, placing an order you may have sent an enquiry to us, in which we will use the information you've provided to respond to and answer the enquiry.
We may contact you by telephone, email or other means in relation to your order, for example: notifying you of delivery status, updating you on stock availability or informing you of changes with the order. You cannot opt out of these communications. We will never combine these communications with marketing promotions that you have a legal right to opt out of.
We may use your data for marketing purposes but will always provide a means for you to opt out. We may occasionally use the data you supplied, in our own Legitimate Interest, to send details of products and services that we believe may be of interest to you. We will never use your data in a way that conflicts with your own legal rights and interests.
If we share information with a third party, such as a payment gateway or delivery company, their use of your data will be limited to the purpose of fulfilling your order.
We will make our reasonable endeavours to ensure that all third parties treat your personal data in a legal and appropriate way.
We endeavour not to transfer the data of EU citizens outside the EU but where we cannot avoid it we will only do so via a third party that have conformed to all of the appropriate EU legislation providing equivalent protection to that if the data was retained within the EU.
WHAT DATA DO WE HOLD?
We hold the personal data that you supplied in the course of placing your order or enquiry.
The data normally consists of: product information, transactional information, fraud checking information, name, address, phone number, email, special delivery instructions and potentially other information to ensure the successful completion of your order.
Information you submit in regards a product customisation request or similar, ie: a product option, wqill also be held for purpose of order assist and fulfillment only.
We may ho
13. FORCE MAJEURE
The performance of all contracts is subject to variations or cancellation by the Seller owing to any Act of God, war, strikes, lock-outs, fire, flood, drought, tempest or any other cause beyond the control of the Seller or owing to the inability by the Seller to procure materials in the manufacture of products to be supplied by the Seller under the contract.
14. NOTICE TO PURCHASERS
The following statement is made in lieu of all warranties expressed or implied:- E.J.Blackley & Son shall not be liable for any injury, loss or damage direct of inconsequential, arising from the use or misuse of any product it may sell and wherever such may occur. Before using, the user shall determine the suitability of the product for the intended use, the suitability of materials, the methods employed in their use and the suitability of the circumstances of which the product is used. Also, the user assumes all risk and liability whatsoever in connection therewith. The foregoing may not be changed except with the written agreement between E.J.Blackley & Son (The Seller) and the purchaser.(the Buyer).
E J BLACKLEY AND SON
Tel: +44 (0)1988700742