TERMS AND CONDITIONS FOR THE ORDER AND SALE OF GOODS AT THIS WEBSITE
We are:- Ales4you, 17 Princes rd, Gosforth. NE3 5TT
Our email address for contact by customers purchasing goods on this website is:-
When visiting this website and /or seeking to purchase any goods from this website you agree with us that the Terms and Conditions set out below apply. Please note that these Terms and Conditions do not affect your statutory rights.In raising an order on this website you warrant to us that you are over 18 years of age.
1. You agree that we have the right to amend these Terms and Conditions at any time subject to, if any transaction is current and unfulfilled, notifying you of such changes via email, or by announcement on this website, in which event you will have the right (additional to any other right of cancellation you may have within these Terms and Conditions), prior to delivery to you of the goods and subject to prompt notification to us by email to our contact email address, to cancel the transaction and obtain reimbursement from us of any purchase price paid.
2. Once a change has been notified on the website, you agree that your continued use of this website and any purchases from us made there under, Is subject to such Terms and Conditions as amended.
3. You agree that we are not liable to you for any losses or damage occasioned to you as a result of any amendment to the content of this website.
INFORMATION AND DATA PROVIDED AND UPLOADED BY YOU
4. You agree that any information or content provided by you on this website whether or not in connection with an order of any goods is truthful and accurate and the provision of such and your use of this website, does not amount to any breach of the law of any country with jurisdiction over your use of, and purchase of goods on, this website, or of the rights of any other individual or organisation, and that should any complaint be raised of defamation of any person or organisation or other breach of the rights of others or of a breach of any law or regulation, that you will fully Indemnify us and keep us fully indemnified against all claims, rights, demands in law arising therefrom, or incurred by us as a result in any way of any breach of this clause. In particular you agree that we have the right to remove any content uploaded by you to this website for any reason whatsoever and without notice to yourself.
5. You agree not to upload to, or transmit through, the Website any viruses, bots, trojans or other forms of malware or anything else that can disrupt the normal operating processes of this website or of any equipment operated in connection therewith and in particular not to upload any material which is defamatory, offensive or of an obscene nature or otherwise in breach of any law of any country that has jurisdiction over the operation by you of this
WHEN THE CONTRACT BETWEEN US IS FORMED
7. Any description on this website of any goods which can be purchased from us is an invitation by us to you to put to us an offer to buy the goods at the price shown. We will refer to this offer to buy as your 'order'.
8. Even though you may pay to us the price for such goods, we do not, by enabling the payment, accept your order.
9. Your order will not be accepted until such time as we are able to check that there has been no error in the description or price displayed for the goods and that we have the goods in stock to enable us to deliver the goods as ordered. We may send you an email acknowledging your wish to purchase the goods but this is not acceptance of your order. We will confirm our acceptance of your order by sending to you an email ('the acceptance email') that is clearly to that effect, at which point a legally binding contract will be formed, but not before. Up until the time when we send that acceptance email, we reserve the right to cancel the order for any reason by notice to you to that effect whereupon we will make full reimbursement to you of the purchase price paid.
10. All prices shown for goods include UK Value Added Tax at the appropriate rates.
11. If so stated on the website along with the price, you will also pay a delivery charge as indicated. Orders up to £50 will be charged at £6.00. Orders over £50 and under £100 will be charged at £12.00. Orders over £100 and under £150 will be charged at £18.00. In the absence of such a statement, the delivery charge will be included in the price charged for the goods.
USE OF THE PURCHASED GOODS
12. Unless, in response to a request by us, you state to the contrary when submitting the order, you undertake that that you will not make use of the
goods for any business, trade or professional purpose and that you do not have the intention, at the time of purchase, of a resale of such goods or any part of them at some time in the future.
13. You agree that we accept no liability whatsoever for any misunderstanding on your part as a result of anything that you have read about us in any medium or on any website, whether or not linked to or from this website, other than as stated by us or on this website.
14. Whilst every reasonable effort is believed to have been made to ensure the accuracy of information on this website, you agree that errors can, notwithstanding, appear in the content. You agree that no liability whatsoever rests with us for any errors or incorrect statements.
15. On being notified by you, by email to us to our contact email address,within 14 days of delivery of the goods, of any error that of significance to your decision to purchase the same, we may offer to you, at our discretion, an opportunity to cancel the order with a full refund.
16. Notwithstanding any decision by us to offer to you a refund, you also agree that there is no liability on us whatsoever for any damage or loss that may arise in any way as a result of any such error or incorrect statement.
17. You agree that images, graphics, photographs, specification and descriptions are for illustration and guidance only and the actual goods may differ from as shown.
18. We reserve the right to withdraw any goods from sale for whatever reason whether before or after receipt of an order from yourself.
19. In some cases, goods may be described as only to be sold to customers above a minimum age or outside of a particular country. It is your responsibility to establish whether or not such age or location requirement is met by yourself and, in the absence of notification to us at our contact email address prior to dispatch of the goods that it is not met, any prejudice, damage, right claim flowing as a result is to be met in full by yourself.
20. Delivery will be on the dates as shown on the website unless a different date is specified in any email from us.
21. Subject to it being within the United Kingdom, delivery will be to the address given on the order. If delivery is to be outside of the United Kingdom, delivery will be subject to payment of the stated delivery charge.
22. You agree that either yourself or some other person with appropriate authority from yourself will be available to sign for your goods. The goods will
not be left unless signed for. If nobody is available to receive the goods, you will be given instructions as to where and when to collect. You agree that the offering up of the goods at your address satisfies our obligations to deliver under this contract and under any law or regulation in force at the time.
23. You agree that, whilst we will make every effort to ensure delivery is made as expected, delays can occur for a host of reasons and that, therefore, we do not give any guarantee as to the precise date of delivery nor liable for any delay for whatever reason.
24. If for any reason delivery is not made by the date stated as amended by any email from us, or generally within the period required by any law in forceat the time, then you agree this contract of sale to you is at an end and you will accept reimbursement in full satisfaction of any rights you may have under the contract or under law generally.
YOUR RIGHT TO CANCEL
25. If you are not intending when buying the goods to use it for business or professional reasons or trade purposes, whether or not also used for personal purposes, then,and subject to 28 below, you are entitled to cancel the order for any reason whatsoever up to seven (7) working days (excluding week-end and public holidays) following receipt by you of the goods. You must notify us if you wish to cancel by email to our contact email address or by letter to our physical address.
26. If you cancel your order in accordance with such above rights on or after the goods have been received by you, you agree to return the goods to us at your own risk and cost.
27. You agree that the goods are not returned to us until safely received by us and save where return is for any breach by us over the description or quality of the goods, the goods must be unused and must include all original packaging, instructions, accessories and any free gifts and other items included with it when dispatched by us.
28. This right of return does not apply to:-
a. goods that have been made and /or tailored or otherwise personalised, in whole or in part, to your own specification or requirement.
b. videos, music or other digital products or software or recordable media whether on DVD, CD, CD-Rom or other medium, once they have been unwrapped and any seal broken
c. fresh food, flowers and other perishable goods
d. newspapers, periodicals and magazines
e. goods that for any reason cannot be returned
29. Pending return of the goods, you agree to take full care of the goods to avoid any damage occurring to the goods and that no damage does occur.
30. On cancellation as above we will refund you in full the purchase price but if the goods have been despatched, or the procedure commenced to
dispatch them, not any delivery charge you may have paid.
31. You agree to give the goods a thorough check as soon as possible following receipt to ensure it is as ordered and, should the goods be faulty in
any way, you agree to notify us by email to our contact email address as soon as possible after receipt.
32. If we agree that the goods may have been faulty on initial delivery to yourself, we shall collect the goods from you at our own cost and either, at
our discretion, arrange to reimburse you the purchase price paid or provide to you with replacement goods of the same, or similar, specification. No
refund will be processed until the returned goods have been received back into our warehouse.
33. All goods returned as faulty will be checked and if found to have no fault will be returned to you, in which event you agree to pay to us any additional
delivery costs incurred by us.
34. If any section of these Terms and Conditions shall be deemed unlawful, void or for any other reason unenforceable or invalid, then such section shall
be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remainder of Terms and Conditions.
35. You agree that your use of this website and all transactions undertaken under it or otherwise between us are governed and construed exclusively by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England.
36. You agree that in the event of any dispute between us that you will, before issuing any proceedings in a court of law, agree to a form on online mediation conducted by an independent neutral provided by or, if on request they are not able to supply a mediator, by any accredited mediator, and that you will make every effort to participate in such online mediation in order to reach a satisfactory resolution of the dispute with ourselves allowing for solutions that are proportionate and economic.