Terms & Conditions of Sale
General Terms and Conditions of Sale
The following general terms and conditions of sale apply to goods and services purchased from either our website www.extrakeys.co.uk by email, by fax, by telephone or in person.
1. DEFINITIONSIn this document the following words shall have the following meanings:
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
"Customer" "You" means any person who purchases Goods and Services from the Supplier;
"Goods" means the physical items purchased from the Supplier;
"Services" means the services purchased from the Supplier;
"Supplier" "Us" "We" "His" "Our" means Extra Keys;
"Manufacturer" means the actual maker of the "Goods" or their agent.
"Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3. THE ORDERThe Customer shall be deemed to have accepted these terms and conditions by placing an order with the Supplier ("the Order").
4. PRICE AND PAYMENT4.1 The price for the Goods and Services is as specified on the Supplier's website. All prices shown are inclusive of Value Added Tax (VAT) and delivery.
4.2 Payment of the price (including delivery and VAT) shall be by Card (MasterCard, Visa, Switch, Maestro, Visa Delta, Visa, Electron, Solo, JCB & Visa Purchasing) or by a Cheque drawn in pounds sterling, and must be made prior to delivery of the ordered Goods and Services. Payments by cheque are not deemed to have been completed until the funds have cleared.
4.3 Upon receipt of the Customer's Card details the transaction value in full will be deducted from the Customer's Card.
5. DELIVERY5.1 The Supplier will endeavour to fulfil the Customer's Order, where possible within 7-10 working days.
5.2 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or Services.
5.3 All risk in the Goods shall pass to the Customer upon delivery.
5.4 Someone will need to be present at the delivery address to accept the Order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
5.5 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and your order will incur charges for re-delivery.
6. TITLETitle in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7. CUSTOMER'S OBLIGATIONSTo enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be agreed between the parties.
8. SUPPLIER'S OBLIGATIONS8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice.
8.3 All new goods supplied to the Customer by the Supplier come with a manufacturer's warranty of at least 12 months. The Supplier shall provide the Customer with such information as is required to claim under the manufacturer's warranty. In the event of a claim, the Customer shall in the first instance contact the Supplier.
8.4 All used goods supplied to the Customer by the Supplier come with zero warranty and are subject to a no-return policy. Used goods are defined as goods marked on the website as falling under the VAT Margin scheme per VAT notice 718
The Supplier does not provide any warranty cover against defects in his own right. Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause affects your statutory rights as a consumer.
9. CANCELLATIONS AND REFUNDS9.1 The Customer can try to cancel their order by emailing mail@extrakeys.co.uk but it may well be too late to cancel. Despite the delivery lead-times, keys are often cut immediately and if you email to cancel the order, we may have already cut your keys. The Supplier is cutting keys 24 hours a day and also at night and also at weekends. The keys that The Customer has ordered are unique to The Customer and therefore cannot be re-sold by The Supplier to any other Customer. Emails are checked as often as possible but sending an email is not a guarantee that the Supplier will receive it. On the rare occasion that the Customer emails to cancel before the keys are cut the following conditions will apply:
Any money paid by the Customer will be refunded less the charges incurred by the Supplier in processing the Customer's card payment (3% of the total order value) as these processing fees are not returned to the Supplier by the card processing company when issuing a refund. An administration fee of £9 will also be deducted from any refund for the Supplier’s time in dealing with the Customer’s change of mind.
9.2 The Supplier can, at its sole discretion, cancel any order placed by a Customer, and return any money paid.
10. LIMITATION OF LIABILITY10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
10.4 Fitting (Installation) Liability; The Supplier with no prior knowledge of the Customer's building will not be responsible for any damage or consequential or other economic loss suffered by the Customer howsoever caused, as a result of any action carried out by our installer negligent or otherwise during the installation (or at a subsequent time) or delivery of the Goods at the Customer's premises.Our installer will install the Goods in the location within the premises specified by the Customer or the Customer's agent. By providing a specified location the Customer is attesting to the suitability of the location for the drilling of fixing holes into the floor and wall and further attests that no such pipe or cable or any such items, which would be caused damage, is located in the specified location either in the wall or the floor.
Our installer will take due care to test the specified location with appropriate metal detection devices and will alert the Customer or the Customer's agent of any potential detected difficulties. It is not possible to test for non-metal or non-ferrous metal items within a wall or floor. It is not possible to test for metal items that are deeper than the detection range of the detector device within the wall or floor.
11. FORCE MAJEURENeither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, Acts or Terrorism, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12. SEVERANCEIf any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. GOVERNING LAWExtra Keys is domiciled in the United Kingdom. These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.