E.J. BLACKLEY & SON - TRADING POLICY,
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.
2. PRICES:
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.
2A PRODUCTS:
2A.1 Pistol Kits and all products requiring of mechanical
and working use following purchase:
- are supplied in a
condition that requires of the Buyer/end user/builder to construct the parts in
his or her own environment. It is the responsibility of the Buyer/end
user/builder to ascertain
that the quality of the construction applied by them is of a
satisfactory level of workmanship, so as to offer safe use of the product
concerned. E J Blackley and Son have
no control of the quality of workmanship applied by the Buyer/end user/builder,
and as a result will not be deemed responsible for any damage or injury
attained due to the Buyer/end user/builder inadequate assessment of all safety
factors before use. It is the Buyers responsibility
to deliver this information to person/persons responsible for the construction
of the parts.
3. DELIVERY:
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. PAYMENT:
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 sales@blackleyandson.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.
Account details:
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
supplied.
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
separately.
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.
7. REFUNDS:
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 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.
8. DEFECT:
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.
9.1 Insurance:
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.
12. PRIVACY POLICY
INTRODUCTION
In this privacy policy, "we" and "our"
relates to E J Blackley and Son.
"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
Drummoddie Croft
Whauphill
Newton Stewart
Wigtownshire
DG8 9PY
U.K.
Tel: +44 (0)1988700742
Email: sales@blackleyandson.com