Our terms and conditions DEFINITIONS
1.1 The 'Seller' shall mean Portsdown Office Limited.
1.2 The 'Website' shall mean www.portsdowndirect.co.uk.
1.3 The 'Buyer' shall mean the person, firm or company purchasing or offering to purchase goods from the Seller.
1.4 The 'Goods' shall mean any items offered for sale by the Seller which the Buyer purchases or offers to purchase.
1.5 'Terms and Conditions' means the terms and conditions of sale set out in this document.
2. GENERAL
2.1 The terms and conditions set out above and below shall apply to every contract entered into by the Seller for the sale of goods through the Website. These terms and conditions shall apply notwithstanding any terms and conditions of the Buyer.
2.2 This Web Site is directed towards businesses and it is assumed that each order is placed on behalf of a business. By your acceptance of these terms you confirm that you have the necessary authority to bind the business you are placing the order on behalf of.
2.3 Nothing in these Terms and Conditions shall affect the Buyers statutory rights.
3. ORDERS
3.1 All orders for Goods made through this website shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions subject to acceptance by the Seller.
3.2 If upon delivery only part of an order can be fulfilled the Seller shall advise the Buyer which of the goods supplied are only temporarily unavailable.
3.3 Orders for goods that are temporarily unavailable will be fulfilled by the Seller as and when the goods are available.
4. DELIVERY
The Seller will attempt to adhere to any agreed delivery date but does not guarantee that any goods will be delivered by the date and shall not be liable for any loss or damage of any kind and howsoever arising by reason of late delivery, non-delivery or short delivery.
5. TIME FOR CLAIMS
The Seller will only consider any claims made by the Buyer for the supply of defective goods or the Goods do not comply with the order providing that the Buyer notifies the Seller by emailing ; queries@portsdown.co.uk within 3 working days of delivery. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
6. SELLER'S LIABILITY FOR DEFECTIVE GOODS
The Seller's liability for materially defective goods shall be limited to replacing them or at the Seller's election giving credit to the Buyer for the purchase price thereof provided that the Buyer notifies the Seller within the time specified in 5 above and the goods are set aside for examination by the Seller.
7. TITLE and RISK
Title and Risk in the goods shall pass to the Buyer on delivery. The Seller shall not be liable for any loss of or any damage to the goods occurring after delivery.
8. PRICE & PAYMENT
8.1 The price for the goods shall be that stipulated on the Seller's Website at the date of order.
8.2 The total purchase price of the goods, including VAT, and any delivery and installation charges, if any, shall be displayed in the Buyers shopping cart prior to the completion of the order.
8.3 Payment for the Goods may only be made through approved debit or credit cards as specified on the Website.
8.4 The order will only be confirmed by the Seller when the payment transaction is complete.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the total cost of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental, or consequential loss or damage whatsoever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers employees or agents.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from any circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, breakdown of plant or machinery or unavailability of raw material from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by the court, or other 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 or illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer on making a purchase.
14. LAW OF THE CONTRACT
14.1 THE CONTRACT BETWEEN THE SELLER AND THE BUYER SHALL BE GOVERNED BY THE LAWS OF ENGLAND.
Portsdown Office Limited
7 - 8 Fitzherbert Spur, Farlington, Portsmouth, Hants. PO6 1TT
Tel: 023 92 324611 Fax: 023 92 210164
Web: www.portsdowndirect.co.uk Email: queries@portsdown.co.uk
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