Zylodirect.co.uk Terms and Conditions of Sale
These terms set out the basis on which we may sell products to you. Please read these Terms carefully.
In these Terms:
“Customer” shall mean you, the Customer ordering and purchasing products.
“Company” shall mean BSMW Products Ltd
Birds Royd Lane
Company Registered in England and Wales No. 1311791
“Order” shall mean an order placed by you for product(s) through our Website www.zylodirect.co.uk.
“Goods” shall mean the Goods which the Company is to supply in accordance with these Terms and Conditions and any Goods supplied in substitution for or in replacement of or in addition to such Goods.
“Intellectual Property Rights” means the patents, rights to inventions, copyright and related rights, trade-marks, trade names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
These Terms and Conditions shall apply to all Orders placed via the website www.zylo.direct.co.uk for the supply of Goods by the Company to the Customer. No variation or modification of these Terms and Conditions will be accepted or applicable unless accepted by a Director of the Company in writing. The Company’s Terms and Conditions exclude any other Terms and Conditions which the Customer may seek to impose.
The Company offers Goods for sale through the website www.zylodirect.co.uk
The Company reserve the right to change prices at any time.
Prices do not include the cost of packaging and delivery, which will be charged for separately.
The prices quoted will be subject to VAT at the relevant rate in force at the time of order.
All Goods are offered on a payment with order basis. The Customer must pay the Company at the time of ordering via the zylodirect.co.uk website. Payment is available by most credit cards, debit cards and Paypal.
Orders may not be cancelled by the Customer after receipt by the Company of the Order without the Company’s written consent. The Customer shall indemnify the Company against all loss, costs, damages, charges and expenses incurred by the Company as a result of cancellation.
The Company reserves the right to reject an order on giving written notice thereof to the Customer within 7 days of the receipt of the Order. In the event of such rejection, no liability shall accrue to the Company.
For standard UK delivery, the Company uses a range of national carriers and in most cases the Customer will receive Goods within 3-5 working days except during periods of unexpected high demand. If the Customer requires delivery to a remote area, e.g. Scottish Highlands, delivery make take slightly longer.
A signature will be required upon receipt of Goods.
The date of delivery specified by the Company is an estimate only. Time for delivery shall not be of the essence of the Order and the Company shall not be liable for any loss, costs, damages, charges of expenses caused directly or indirectly by any delay in the delivery of the Goods.
In the event that the Customer wishes to return a product purchased through our website zylodirect.co.uk, the Company will provide the Customer with a refund, excluding any delivery charges provided the Company are advised of the proposed return within 14 working days of the product being delivered to the Customer.
Goods to be returned with the original packaging, in new and unused condition and must be accompanied by a packing note stating the Company’s Order Number together with the reason for return within 14 working days of delivery date. The cost of returning the Goods is the Customer’s responsibility.
A restocking fee of 15% will be deducted from any refund.
The Company will apply a refund to the Customer’s account used to purchase the product upon satisfactory receipt and inspection of returned Goods within 30 days. We reserve the right to inspect all returned Goods prior to agreeing to any part-refund, full refund or product exchange.
Goods supplied to special requirements cannot be returned for credit under any circumstances.
8. Inspection of Goods/Damages
The Customer shall inspect and sign for all Goods on delivery. Whilst every effort is made to ensure the Goods are received in good condition, the Company cannot be held liable for any Goods that are reported damaged once the delivery has been signed for.
Please follow these simple steps to help ensure that the delivery process is as easy as possible.
Upon receipt of delivery (in the presence of the driver) and prior to signing for the Goods:
* Check the number of items is correct in accordance with the driver or courier’s delivery sheet.
* Ensure that the package is checked and if any part appears damaged or torn the delivery must be signed for as damaged on the driver or courier’s delivery sheet.
* Inspect the Goods – to the best of your ability – whilst packaged, ideally unpack and check them thoroughly.
If the package is damaged this must be recorded on the driver or courier’s delivery notes. Failure to do so may result in the Goods being replaced at your cost.
If the packaging is damaged but the Goods are fine, then provided this is acceptable, you do not need to take any further action.
In the unlikely event that products are delivered damaged, the Company will exchange the product or provide the Customer with a full refund. Notification of any damage must be made at the time of delivery. The Company reserves the right to inspect all returned Goods prior to agreeing to any part-refund, full refund or product exchange.
Damaged Goods can be returned at the Customer’s expense, with proof of purchase, for a full refund (including delivery charge).
All refunds will be made to the account used to purchase the Goods.
The Company will not accept responsibility for loss or damage if the delivery company is instructed to leave the Goods unattended.
The title of the Goods do not pass to the Customer until payment has been made in full for the Goods.
Subject to the conditions below the Company will replace, repair, rectify or take back Goods and refund or credit the Customer with costs thereof (at the Company’s option) provided:
* Any defect appears within 6 months of delivery date and the Customer notifies the Company in writing within 7 days of discovering the defect giving full details thereof.
* Proof of purchase and proof of receipt be returned with the Goods; the cost of returning the Goods to the Company is the responsibility of the Customer. (The Company will refund the Customer’s postage costs, providing that the Goods are found to be faulty.)
* The Company has inspected and tested the Goods as it sees fit and the Company is satisfied the Goods are defective as a result of faulty workmanship or materials.
This warranty shall not apply if the defect is a result or failure to follow the Company’s installation and application instructions, fair wear and tear, wilful damage, accident, negligence, mishandling, inadequate storage, misuse or alteration or repair of the Goods by the Customer, its agents, employees or a third party or is a risk against which the Customer can insure.
11. Limitations of Company Liability
No condition or warranty or other undertaking is given whether express or implied (save insofar as the same by statute cannot be excluded) by custom, common law, statute or otherwise in relation to the quality of workmanship of the products or performance and delivery of the order, nor in relation to the suitability of any materials supplied for a particular application whether notified by the Customer or note, save as is hereinbefore set out. Any such condition, warranty or undertaking is hereby excluded for all purposes. Save as in hereinbefore provided, the Company shall be under no liability to the Customer and under no circumstances howsoever arising shall the Company’s liability to the Customer exceed the cost of the product to which any complaint relates. In particular, the Company shall not be liable for any consequential loss howsoever arising.
The Customer is deemed to be fully conversant with the nature and performance of goods including any harmful or hazardous effects resulting from their usage and shall not be reliant in any way upon advice, skill or judgement of the Company. The Company’s employees and agents are not authorised to make any representations concerning the Goods whatsoever, other than those set out herein or confirmed by a Director of the Company in writing.
The Customer shall indemnify the Company in respect of all damage or injury occurring to any person or property, or any loss consequential thereon, and against all action, suits, claims, demands, charges or expenses in connection therewith for which the Company may become liable in respect of the Goods, the subject matter of these Terms and Conditions, save in the event that such damage or injury shall have been occasioned by the negligence of the Company, its servants or agents.
13. Trade Marks, Patents and Other Industrial Rights
All of the Intellectual Property Rights are and shall remain at all times, the sole and exclusive property of the Company. All such rights are reserved.
The Customer shall have no right to apply to goods any trademark owned or used by the Company.
14. Force Majeure
Whilst every effort will be made by the Company to carry out the Order, it’s full performance is subject to variation or cancellation by the Company without notice consequent on Act of God, War, Strikes, Riots, Fires, Floods, Theft, Vandalism, or any other cause beyond the reasonable control of the Company without liability for loss or damage.
The Customer shall not be entitled to assign it’s rights or obligations or delegate it’s duties under these Terms and Conditions without the prior written consent of the Company.
16. English Law
These Terms and Conditions and any Contract made in accordance therewith shall be construed and take effect in accordance with English Law and the parties herein submit to the jurisdiction of English Courts.