Standard Terms and Conditions For the Sale of Goods

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by John Newbery Limited, a company registered in England and Wales under company number 02400851 whose registered office is at One Bell Lane, Lewes, East Sussex BN7 1JU but whose trading address for the purposes of general enquiries, sales and returns is The County Ground, Eaton Road, Hove, East Sussex BN3 3AF.

1. Definitions and Interpretation

1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"working day" means, any day other than a Saturday, Sunday or bank holiday;
"calendar day means any day of the year;
"Contract means the contract for the purchase and sale of Goods, as explained in Clause 2;
"Goods" means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
"month" means a calendar month;
"Price" means the price payable for the Goods;
"Special Price" means a special offer price payable for Goods which We may offer from time to time;
"Order" means your order for the Goods from Our website www.newbery.co.uk
"Order Confirmation" means Our acceptance and confirmation of your Order as described in Clause 2;
"We/Us/Our" means John Newbery Limited (a company registered in England and Wales under company number 02400851) and includes all employees and agents of John Newbery Limited.

2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

2. The Contract

1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before submitting your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.

2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.

3. Description and Specification of Goods

1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our staff. We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic displays.

2 If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 3.1 you may return those Goods to Us as provided in Clause 7.

3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 7. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

4 We reserve the right to make any changes in the specification of the Goods that may be required to conform with any applicable safety or other legal or regulatory requirements without notice.

4. Orders

1 All Orders for Goods made by you will be subject to these Terms and Conditions.

2 You may change your Order at any time before We despatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing.

3 If your Order is changed We will inform you of any change to the Price in writing.

4 You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 5, the payment will be refunded to you within ten working days. If you request that your Order be cancelled, you must confirm this cancellation in writing.

5 We may cancel your Order at any time before We despatch the Goods in the following circumstances:

1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

2 An event outside of Our control continues for more than one week (please see Clause 12 for events outside of Our control).

6 If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods under Clause 5, the payment will be refunded to you within ten working days. If We cancel your Order, the cancellation will be confirmed by Us in writing.

5. Price and Payment

1 The Price of the Goods will be that shown on Our website www.newbery.co.uk in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

2 If We quote a Special Price which is different to the Price shown on Our current website www.newbery.co.uk, the Special Price will be valid for one week or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

4 We have made every reasonable effort to ensure that Our Prices, as shown on Our current website www.newbery.co.uk are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, We will contact you to inform you and ask you how you wish to proceed.

5 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.

6 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.

7 All payments for Goods must be made in advance before We can despatch the Goods to you.

8 We accept all major credit and debit cards.

9 Credit and/or debit cards will be charged at the time of order.

6. Delivery

1 Please note that delivery is currently only possible within the United Kingdom.

2 When We send you an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control.

3 If you indicate in your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our Order Confirmation, during Our business hours of Monday to Friday 9.30am to 5pm, Saturday 9.30am to 12.30pm.

4 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order or, if you are collecting the Goods from Us yourself, when you have collected the Goods.

5 If for any reason We are unable to deliver the Goods at your chosen delivery address, We or Our appointed carrier will leave a note informing you that the Goods have been returned to Our premises or those of Our appointed carrier and will provide contact details so that re-delivery can be arranged.

6 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 6.4 at which point it will pass to you.

7 You own the Goods once We have received payment in full for them.

7. Returning Incorrect Goods

1 If you receive Goods that are incorrect, caused by a mistake made by Us in delivery or by Our incorrect description or information (see sub-Clauses 3.2 and 3.3), you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 7. This Clause 7 does not apply to Goods that you wish to return because you have changed your mind or to Goods that are faulty. For Goods that you wish to return because you have changed your mind or faulty Goods, please see Clauses 8 or 9 respectively.

2 If you wish to return Goods to Us under this Clause 7 you must do so within a reasonable time of taking delivery (or collecting them from Us).

3 All Goods must be returned to Us under this Clause 7 in their original condition, accompanied by proof of purchase.

4 You may return Goods to Us in person during Our business hours of Monday to Friday 9.30am to 5pm, Saturday 9.30am to 12.30pm or you may return them by post or another suitable delivery service of your choice. For Goods returned under this Clause 7 We will reimburse you for any reasonable postage or shipping costs.

5 Refunds or replacements will be issued to you immediately if you return Goods to Us in person or within ten working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

8. Returning Goods If You Change Your Mind

1 If you are not satisfied with any Goods purchased from Us or have simply changed your mind you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 8. This Clause 8 does not apply to incorrect or faulty Goods. For incorrect or faulty Goods please see Clauses 7 or 9 respectively.

2 If you wish to return Goods to Us under this Clause 8 you must do so within 28 calendar days of taking delivery (or collecting them from Us), telling Us why you wish to return the Goods.

3 All Goods must be returned to Us under this Clause 8 unused and in their original condition, accompanied by proof of purchase.

4 You may return Goods to Us in person during Our business hours of Monday to Friday 9.30am to 5pm, Saturday 9.30am to 12.30pm or you may return them by post or another suitable delivery service of your choice. You are solely responsible for the cost of returning Goods to Us under this Clause 8.

5 Refunds or replacements will be issued to you immediately if you return Goods to Us in person or within ten working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service. We will refund you the cost of the Goods minus the cost of postage (this is typically £8 but may be more or less depending on the size of your purchase). 

9. Returning Damaged or Faulty Goods

1 If you receive Goods that are damaged or faulty at the time of delivery you have the right to return them in exchange for a replacement or repair, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are incorrect or Goods that you wish to return because you have changed your mind. Please refer to Clauses 7 or 8 above for incorrect Goods or returns if you have changed your mind. This Clause 9 does not affect the guarantee of Goods provided in Clause 10.

2 If you wish to return Goods to Us under this Clause 9 you must contact Us to inform Us of the damage or fault within a reasonable time of taking delivery (or collecting them from us) and in any event as soon as reasonably possible after discovering the damage or fault. We can then discuss with you arrangements for the return of the Goods and any applicable replacement or repair.

3 This Clause 9 only applies to Goods that are damaged or faulty when you receive them. Faults or damage caused by normal wear and tear or improper treatment do not entitle you to return Goods under this Clause 9. We may require you to prove that the Goods in question were damaged or faulty when you received them if you inform us of the damage or fault more than three months after you received them.

4 This Clause 9 does not apply if you purchased the Goods having been told by Us of the particular damage or fault (If, for example, the Goods were sold as ‘seconds’, or at a discounted rate).

5 You may return Goods to Us in person during Our business hours of Monday to Friday 9.30am to 5pm, Saturday 9.30am to 12.30pm or you may return them by post or another suitable delivery service of your choice. For Goods returned under this Clause 9 We will reimburse you for any reasonable postage or shipping costs.

6 Subject to Our being satisfied that the Goods were faulty or damaged when you received them replacements will be issued to you immediately if you return Goods to Us in person or within ten working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

7 If Goods are to be repaired We will give you a repair estimate within five working days of your returning the Goods to Us in person or of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

10. Guarantee

1 We guarantee that for a period of one year from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 10.2.

2 Our guarantee does not apply to any defects in the Goods caused by:

1 Normal wear and tear;

2 Deliberate damage and/or misuse of the Goods;

3 Accidental damage;

4 Failure to use or maintain the Goods in accordance with their instructions; or

5 The alteration or repair of by you or any third party that is not authorised by Us.

Our guarantee exists in addition to your legal rights as a consumer (that the Goods match Our description, that they are of satisfactory quality and that they are fit for purpose). More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.

11. Our Liability

1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

2 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:

1 Breach of your right to title and quiet possession as implied by section 12 of the Sale of Goods Act 1979;

2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;

3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.

12. Events Outside of Our Control (Force Majeure)

1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.

2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

1 We will inform you as soon as is reasonably possible;

2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

4 If the event outside of Our control continues for more than one week We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 4.4 above.

13. Communication and Contact Details

1 If you wish to contact Us with questions or complaints, you may contact Us by telephone at (01273) 775770 or by email at sales@newbery.co.uk.

2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:

1 Contact Us by email at sales@newbery.co.uk; or

2 Contact Us by pre-paid post at John Newbery Limited, The County Ground, Eaton Road, Hove, East Sussex BN3 3AF.

14. How We Use Your Personal Information (Data Protection)

1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

2 We may use your personal information to:

1 Provide goods and services to you;

2 Process your payment for the Goods; and

3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

15. Other Important Terms

1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

2 You may transfer (assign) the benefit of the guarantee in Clause 10 to any person who purchases the Goods from you after you have completed purchasing the Goods from Us.

3 You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. This is subject to sub-Clause 15.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.

5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

16. Governing Law and Jurisdiction

1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.