Terms and Conditions
Terms & Conditions
In this document the following words shall have the following meanings:
1.1 " Buyer" means the person who buys Goods from the Seller
1.2 " Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3 " Goods" means the articles that the Buyer agrees to buy from the Seller
1.4 " List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time
1.5 " Seller" means Direct Fans
1.6 " Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. By placing an order to the Seller for Goods, the Buyer agrees to be bound by these Terms and Conditions.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Reasons that the Seller may refuse to supply Goods to the Buyer may include but are not limited to the following:
a) Goods ordered by the Buyer being discontinued, out of stock or otherwise unavailable.
b) The inability by the Seller to obtain an authorisation for your payment or any other problem with the payment such as suspected fraud.
c) A pricing error.
d) A product description error.
In the event that the Seller refuses to supply Goods to the Buyer, the Seller will reimburse to the Buyer any monies paid for those Goods and any delivery charge paid for the delivery of those Goods. The Seller will not be liable for any losses, costs, damages, expenses incurred by the Buyer if the Seller refuses to supply the Goods.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive proof of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 The Buyer must be at least 18 years of age.
2.7 The Buyer must provide the Seller with accurate information where requested with respect to the physical address for delivery, a current email address and telephone number for correspondence and also a valid form of payment. The Seller will not be liable for any losses, costs, damages or expenses arising from incorrect or inaccurate information supplied to the Seller by the Buyer.
2.8 When making payment, the Buyer must use a payment method that the Buyer is entitled to use. Any payment that the Seller suspects may involve a fraudulent payment may necessitate further investigation. These further investigations are to confirm that the The Buyer has the right to use the payment method used. In this situation, the Goods will not be dispatched unless the Buyer can satisfy us that they have the right to use the method of payment used. This may require the Buyer to answer pertinent questions satisfactorily and/or providing adequate proof of identification, including photo ID. In any event, the dispatch of the Goods to the Buyer will be delayed until the Seller is satisfied that the Buyer has the right to use the method of payment used.
2.9 If the Buyer uses PayPal Express as the means payment then we can only ship to the address that is sent to us by PayPal. This address will be the one that you nominate in your PayPal account, or the address that you enter when filling out your credit/debit card details.
2.10 For orders placed for delivery outside of the UK, it is the Buyer's responsibility to ensure that it is legal to ship all the Goods on the Order to the country of destination. The Seller is not responsible for any rejection, return or destruction of Goods by any Customs authorities in any country.
3 PRICE AND PAYMENT
3.1 The Buyer agrees to pay the Seller by a method to which the Buyer is entitled. Any payment that the Seller suspects may involve a fraudulent payment may necessitate further investigation. These further investigations are to confirm that the The Buyer has the right to use the payment method used. In this situation, the Goods will not be dispatched unless the Buyer can satisfy us that they have the right to use the method of payment used. This may require the Buyer to answer pertinent questions satisfactorily and/or providing adequate proof of identification, including photo ID. In any event, the dispatch of the Goods to the Buyer will be delayed until the Seller is satisfied that the Buyer has the right to use the method of payment used.
3.2 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges. The Seller reserves the right to amend any prices for any reason prior to dispatch. In the event that the Seller amends the price after an order has been placed, the Seller will contact the Buyer who will then have the choice of either proceeding with the order or to cancel it. In this event, the Seller will not be liable for any losses, costs, damages or expenses incurred by the Buyer.
3.3 Payment of the total purchase price (including VAT and any delivery charges) must be made in full and the funds must be cleared before dispatch of the Goods.
3.4 Special offers and promotions are subject to availability and only apply during the quoted time period.
3.5 If the Buyer uses PayPal Express as the means of payment to purchase Goods then we can only ship to the address that is sent to us by PayPal. This address will be the one that you nominate in your PayPal account, or the address that you enter when filling out your credit/debit card details.
3.6 All purchases are made at the price displayed on website in GBP (British Pounds).
3.7 Where payment for goods is been made by international bank transfer the customer agrees that they are responsible for all charges, commissions and fees levied by the banks involved.
3.8 For orders placed by the Buyer for delivery outside of the UK, the Customs authority in the country of destination may hold the Buyer's order until the Customs authority can check it. The Customs authority in the country of destination may also charge the Buyer for this service. The Seller shall not be liable for any losses, costs, damages or expenses of any third party arising directly or indirectly from the delay in delivery. The Buyer is responsible for payment of any and all Customs charges. The Seller will not be liable for any charges made by the Customs authority.
4.1 Delivery of the Goods by the Seller to the Buyer will only be arranged when payment has been made and the Seller is satisfied that the Buyer has the right to use the method of payment used. Any payment that the Seller suspects may involve a fraudulent payment may necessitate further investigation. These further investigations are to confirm that the Buyer has the right to use the payment method used. In this situation, the Goods will not be dispatched unless the Buyer can satisfy us that they have the right to use the method of payment used. This may require the Buyer to answer pertinent questions satisfactorily and/or providing adequate proof of identification, including photo ID. In any event, the dispatch of the Goods to the Buyer will be delayed until the Seller is satisfied that the Buyer has the right to use the method of payment used.
4.2 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.3 All Goods, wherever possible, will be delivered within 28 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller reserves the right to choose the delivery method. For example, if the order is too large to be delivered by carton(s), the Seller may choose to deliver the order by pallet delivery. If the Buyer makes an order for a bulky item or items, the Buyer should be aware that the order may arrive by pallet. In this circumstance, the Seller will make reasonable attempts to contact the Buyer and to keep them informed of the situation and the progress of the Order.
4.4 If any Packaging or the Goods themselves are visibly damaged or otherwise compromised in any way, the receiver of the Goods must sign for the delivery as normal with the additional note: "received damaged". If the packaging or any other part of the consignment is visibly damaged and the Receiver (the Person signing for the delivery) has failed to add the note "received damaged" and any of the Goods are later identified to be damaged or missing then the Seller shall not be liable for any losses, costs, damages or expenses of any third party arising directly or indirectly from the damage or loss of the Goods during transit to the Buyer.
4.5 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.6 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.7 The Buyer should make arrangements for their order to be received when it is to be delivered. Should the Buyer, or nominated party, not be able to receive the delivery of their order then the courier may make one or two further attempts. After this the Order will be returned the Seller. In this instance the Seller will require a further delivery charge to be paid before the Goods can be re-delivered. In this instance, the Buyer has the alternative option of cancelling their order and receiving a full refund of any monies paid less the cost of any failed deliveries.
4.8 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5.1 While the Seller makes every effort to ensure that prices, pictures, descriptions and specifications on this website are correct, all information is solely for the purposes of giving an approximate description of the Goods. Should the Goods that the Buyer receives be different to that described on the website, the Seller will accept the Goods back along as long as they are in pristine condition and with all packaging intact, within a reasonable time period. In this event, the Seller will refund the monies paid for the Goods including any delivery charges. The Seller will not be liable for any losses, costs, damages or expenses arising from the Goods differing to the pictures, descriptions or specifications described on this website.
5.2 The seller cannot be held responsible for cosmetic changes to product packaging and/or labelling where the product remains the same specification.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 5 days of delivery if the Goods are damaged, incorrect, or do not comply with any of the Contract.
6.2 Where a claim of defective, incorrect, or damaged Goods is made by the Buyer, then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges (up to maximum value of £10) if the Goods are confirmed by the Seller to be defective, incorrect or damaged. The maximum value of return postal charges that we will refund is £10. The Seller may require the Buyer to provide photographic evidence of any defective, damaged or incorrect Goods prior to their return.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault then the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Returned goods must be in resalable condition in the complete and undamaged packaging with any and all seals intact. Goods that have been opened or used will be deemed to have been accepted by the customer and no refund or exchange can be given. Where the Buyer wishes to return Goods, the cost of return, including postage and packing costs, will be at the Buyer's expense and the Goods should be adequately insured during the return journey. When the Goods are received by the Seller and the Goods are deemed by the Seller to be in resalable condition, the Buyer shall receive a refund of all monies paid for the Goods excluding delivery charges, if any.
7.1 In addition to the Buyer's statutory rights, the Seller guarantees most Goods against faulty workmanship and materials for a period of 60 days from the date of delivery. For certain products such as High Intensity Discharge lamps and fluorescent lamps, they may only be returned as faulty within 30 days of receipt.
7.2 You should keep all receipts and warranty information supplied with your order and goods. You have the right to return a faulty item within the period of time indicated in Clause 7.1. Faulty items must be returned in their original and undamaged packaging with all the items that came with it, including instructions and any spare parts which are included as part of the product. With many products, the speediest resolution may be to contact the manufacturer directly for advice and rectification.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any misuse of the Goods, negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any misuse of the Goods, negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
9.1 Neither 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, 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.
10.1 If 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.
11 GOVERNING LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.
12 WEBSITE CONTENT
12.1 The content on this website including the pictures and descriptions are the intellectual property of Direct Fans. Direct Fans retains the copyright on all material. All rights to the material are reserved. Copying, reselling or the commercial use of any content in this website is strictly forbidden without the express written permission of Direct Fans. We will charge for any unauthorised use of the content on this website. For photographic or graphical images we will charge £200 per day (or part thereof) for each image. For text we will charge £10 per day (or part thereof) per word.
14 COLLECTION OF PERSONAL INFORMATION
14.1 When you use our Products or Websites, you may be asked for personally identifiable information such as your name, address, date of birth, email address, telephone number.
By giving us such information, you will need to consent to our using it in the manner described in this policy.
You may withdraw your consent at any time by emailing us at [email protected] We will return or destroy your personal information within five days of receipt of your withdrawal of consent.
15 DISCLOSURE OF PERSONAL INFORMATION