Terms and Conditions of Sale
All goods and services supplied by Thorn Cycles Limited are sold subject to the following conditions which do not affect your statutory rights as a consumer:-
In these Terms and Conditions THE COMPANY means Thorn Cycles Limited (company number 9121096) whose registered office is situated at 91 - 93 St John Street, Bridgwater, Somerset, TA6 5HX and the PURCHASER means any person or company who buys or has agreed to buy goods and GOODS mean any goods or services supplied by the Company and CONDITIONS mean the terms and conditions set out in this document. The singular shall be deemed to include the plural, person shall include the firm or company and vice versa.
2. APPLICABLE TERMS:
Unless otherwise agreed in writing, any contract for the sale of Goods shall be subject to the Conditions. Any oral or written terms offered or stipulated by the Purchaser shall, if inconsistent with the Conditions, be deemed rejected by the Company. No contract is made with the Company until there has been an acceptance in writing of an order placed by the Purchaser.
The prices for the Goods are stated in the Company’s quotation or if no quotation are given in the confirmation of order. The Company's prices are fixed for a period as stated in the quotation/order acknowledgement. Thereafter the Company reserves the right to vary prices without notice.
4. QUOTATIONS AND INVOICES:
The right is reserved to amend any errors and/or omissions on quotations, invoices or any other documents of the Company. The quantity, quality and description of the Goods shall be those set out in the Company's quotation or order confirmation.
5. PACKING, CARRIAGE AND INSURANCE:
Packaging, carriage and insurance to designated premises and on default or designation to any trading address, of the Purchaser shall be paid by the Purchaser and shall be charged at the Company's rates current at the time of order acceptance.
6. INVOICING AND PAYMENT:
The Company shall invoice the Customer upon despatch of the Goods from their premises or from the premises of its suppliers.
1. Unless specified in the quotation, the price payable in respect of any delivery of the Goods by instalment shall be such proportion of the total price under the Contract as the Company may reasonably decide.
2. The Company reserves the right to require payment of the full price of the Goods prior to delivery to the Purchaser. The Company shall give written notice of the exercise of this right to the Purchaser.
3. If the Purchaser fails to make any payment when due then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:-
1. Terminate the contract and/or suspend any other further deliveries to the Purchaser; and/or
2. Apply any "on account" payments to whatever part of the debt the Company deems appropriate
The Goods shall be delivered to the address stated in the order confirmation or if no address is so stated then to any trading address of the Purchaser. All deliveries will be completed within 30 days of receipt of order - unless otherwise agreed. If delivery can not be completed within these timescales then option to cancel or refund will be given. Risk in the Goods shall pass to the Purchaser upon delivery to the address. The Purchaser is advised to insure accordingly.
Notwithstanding delivery and the passing of risk in the Goods, title to and ownership of the Goods shall not pass to the Purchaser until the Company has received in cash or cleared funds payment in full of the price of the Goods and all sums payable to the Company under any other agreement with the Purchaser or any other delivery or instalment has been paid. (The PAYMENT DATE).
Goods supplied may not be returned for credit without prior notification to the Company and any Goods which are returned without such notification may be refused. In all instances the Company will arrange for the collection of the goods.
10. CANCELLATION/VARIATION OF PURCHASE ORDER:
Any order placed by the Purchaser can only be varied or cancelled within seven working days of receiving goods. After this time the granting of consent shall be entirely at the discretion of the Company and shall always be subject to the payment by the Purchaser to the Company of a sum equivalent to the losses, including loss of profit, cost and expenses of the Company caused by the variation or cancellation (such sum being reasonably determined by the Company).
11. DAMAGE IN TRANSIT:
The Company shall not be liable for faulty or damaged Goods unless such fault or damage can be shown by the Purchaser to have arisen prior to delivery to the purchaser's premises.
Any claim by the Purchaser which is based on a product defect shall be notified to the Company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. Following notification the Company will issue a refund if a repair, replacement, or the issue a credit note in respect of defective Goods it not acceptable to the Purchaser. The Purchaser must retain the Goods with the original packing for inspection and return them, carriage paid and at the risk of the Purchaser to the Company.
12. NOTIFICATION OF SHORTAGE:
The Company shall accept no liability for shortage of Goods on delivery unless written notification shall have been received by the Company from the Purchaser within 10 days of the date of despatch of the Goods to the Purchaser.
13. CUSTOMER LIABILITY:
The Company shall not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser's failure to perform any of the Purchaser's obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser's control.
No contract with the Company shall be assignable by the Purchaser without the prior written consent of the Company.
Without prejudice to any other remedy available the Company shall be entitled to recover from the Purchaser any cost or expenses (including solicitors fees and disbursements) incurred in recovering monies in respect of the goods or any other monies due under the Conditions hereof.
All orders for export shall be delivered ex works by the Company. Terms on export orders shall be subject to individual negotiation with the Purchaser.
17. PRODUCT LIABILITY:
Any warranty or condition expressed or implied, statutory or otherwise (including conformity with description, sample, fitness for purpose or quality) are hereby expressly excluded and except in respect of death or personal injury caused by the Company's negligence, the Company shall be under no liability whatsoever for consequential loss or damage or any description in respect of the Goods sold, repaired converted or for services rendered.
This does not affect your statutory rights as consumer.
18. COMPLAINT HANDLING PROCEDURE:
Thorn Cycles Limited endeavours to respond to all complaints within five working days. All complaints will be handled fairly and on a confidential basis.
19. SITE SECURITY:
Thorn Cycles Limited regards site security as a priority and utilises the latest technology to protect all details supplied to the site. Customer details (including credit/debit card information) are held on the site only until the transaction has been recorded and are protected by encryption using HTTPS protocol with Secure Socket Layer. Any questions may be directed to our Webmaster - firstname.lastname@example.org.
20. FORCE MAJEURE:
The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond its reasonable control or the control of its suppliers such as acts of God, civil commotion, riots, drought, flood, fire and legislation.
21. STORAGE CHARGES:
If for any reason the Purchaser is unable to accept delivery of the Goods at the time when they are due and ready for delivery, the Company shall be entitled to arrange storage at its own premises or elsewhere at the Purchaser's own risk and cost.
22. VAT CLAUSE:
The Price for the Goods is inclusive of any application Value Added Tax.
23. GOVERNING LAW:
All contracts made between the Company and the Purchaser shall be construed in accordance with and governed in all respects by English Law and the Purchaser agrees to submit to the exclusive jurisdiction of English Courts.
The headings of these terms and conditions are for convenience only and shall have no effect on the interpretation thereof.