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PLEASE READ THESE TERMS CAREFULLY AND RETAIN A COPY FOR YOUR FUTURE REFERENCE
Format of the Contract
In the terminology of this document:
| "Web Site" | means reefkeepers.co.uk |
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| "Agent" | means Net Retail, operators of the ReefKeepers web site |
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| "Goods" | means the item or service offered for sale by the seller on the web site |
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| "Title" | means ownership of the goods |
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| "Seller" | means the person or company with title of the goods and who lists the goods for sale on the web site |
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| "Buyer" | means the person or company who orders the goods from the web site |
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| "Contract" | means the contract for the purchase and sale of the goods |
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| "Order" | means the offer, placed by the buyer on the agent's web site, to purchase the goods |
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Duties of the Agent
- The agent reserves the right to not accept goods for listing on the web site for whatever reason.
- Where goods are accepted for listing the agent reserves the right to amend or alter that listing on the web site for whatever reason.
- The agent also reserves the right to withdraw a listing at any time on the web site for whatever reason.
- The agent reserves the right to decline any seller, or remove previously accepted sellers, at any time on the web site for whatever reason.
- The agent's service is to obtain an order for the goods listed by the seller.
- On obtaining an order the agent will invoice the seller for the agent's commission fee
- 5% of the total order price (minimum £1.)
Our Service
- The Website is a venue where Sellers may exhibit Goods for sale.
- The Website provides an online Goods management system, a customer ordering system, offline and online payment schemes, and an order tracking system.
- The service is to obtain an order for the goods listed by the seller.
- The contract of sale for the Goods is between the customer and seller, and exists as soon as the seller receives full payment from the customer for the goods.
- Every effort is made to ensure that the service is available constantly, but this cannot be guaranteed and temporary loss may be experienced due to the nature of Internet resources
Duties of the Seller
- The seller can only offer goods for sale on the web site if and only if:
- The seller has full title to the goods, or permission from the person or company with full title to the goods to sell those goods.
- The seller guarantees the right to sell or otherwise dispose of the goods.
- There is no claims or monies outstanding on the goods.
- No third party has any title, right or claim to the goods.
- Every reasonable effort should be made by the seller to ensure the description
and price of the goods are accurately listed on the web site.
- The seller must package and dispatch the goods with particular consideration to the
health and welfare of the goods. For example, goods that are sensitive to the colder temperatures
experienced in the UK MUST be packaged appropriately to maintain their optimal temperature - using
adequate insulatec packaging and heat packs.
- The seller must only describe the goods for sale in each listing.
Other information including but not limited to describing other goods or
reference to other companies or web sites will be strongly countered by the agent.
- The seller must remove from the web site the listing of any goods that are sold, or otherwise
disposed of, as soon as possible.
Important: the agent's commission fee is for obtaining an order for the goods. The commission fee is still payable even if the seller is no longer able to honour the order.
Description and Price of the Goods
- Listings on the web site publication is made in good faith and reliant solely
upon information given by the seller. The agent cannot be held responsible for
inaccuracies or omissions should they occur. Neither can the agent be responsible
for the condition or suitability of the listed goods.
- The description and price of the goods will be as shown on the web site
at the time the buyer places the order.
- The description, price, images, and other attributes are the sole responsibility of the seller, and must be accurate and not deliberately misleading.
- The goods are subject to availability. If on receipt of the order the
goods are not available, then the seller will inform the buyer as soon as possible.
The buyer will be refunded by the seller for the sum received for those goods.
- The seller will make every effort to ensure that prices shown on the web site
are accurate at the time the buyer places the order. If an error is found, the seller
will inform the buyer as soon as possible. The buyer will be refunded by the seller for
the sum received for those goods.
Payment
- Full payment for the goods shall be made by the buyer to the seller.
- Payment for the goods will be made to the seller by PayPal (or in cash for collected goods)
Payment shall be due before the delivery date and time for payment shall be of the essence.
- There will be no delivery until cleared funds are received.
- Payments shall be made by the buyer to the seller without any deduction whether by way of
set-off, counterclaim, discount, abatement or otherwise.
Delivery
- The goods will be delivered to the buyer's delivery address as specified when the order was placed.
- The delivery of the goods will be on a date that is mutually agreed by the buyer and seller.
- The seller must package and dispatch the goods with particular consideration to the
health and welfare of the goods. For example, goods that are sensitive to the colder temperatures
experienced in the UK MUST be packaged appropriately to maintain their optimal temperature - using
adequate insulatec packaging and heat packs.
- Every effort will be made to deliver the goods as soon as possible after
the buyer's order has been accepted. However, the seller will not be liable for
any loss or damage suffered by the buyer through reasonable or unavoidable delay
in delivery. In this case, the seller will inform the buyer as soon as possible.
- Upon receipt of the order the buyer will be asked to sign for the goods
received in good condition. If the buyer is unable to check the contents of the
package at that moment in time they should sign for the parcel as "UNCHECKED".
Failure to do so may affect any warranty claims that the buyer makes thereafter.
Risk/Title
- The goods are at the buyer's risk from the time of delivery.
- Title of the goods shall not pass to the buyer until:
- The buyer has received the goods.
- The buyer has confirmed to the seler satisfaction in the goods, or
- 7 days have elapsed since delivery of the goods.
- Title of the goods shall at no time pass to the agent.
Returns
- The seller shall not be liable for a breach of the warrantee unless:
- The buyer notifies the seller of the breach by letter, fax or email
within 7 days of the date of delivery (notification by phone is not sufficient.)
- The buyer provides clear evidence (such as by photographs or kept packaging)
to the seller within 7 days of giving notice of the breach.
- The seller shall not be liable for a breach of the warrantee if the issue arises due to
the buyer's care of the goods.
Warranty
- The seller warrants that the goods correspond with the description given
to and displayed on the agent's web site.
- This warranty does not affect the buyer's statutory rights as a consumer.
- If the goods supplied to the buyer are damaged on delivery, the buyer should
notify the seller by letter, fax or email within 7 days provididing evidence of the issue
(notification by phone is not sufficient)
Limitation of Liability
- Any typographical, clerical or other error or omission on the web site or
including but not limited to any sales literature, price, order, invoice or other
document issued by the agent or seller shall be subject to correction without
any liability to the agent or seller.
- The seller's total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise, arising
in connection with the performance or contemplated performance of this agreement
shall be limited to the price paid for the goods.
- Nothing in these conditions excludes or limits the liability of the seller
for death or personal injury caused by the seller's negligence or fraudulent
misrepresentation.
Applicable Law
If any provision of these conditions is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the other
provisions of these conditions and the remainder of the provision in question
shall not be affected.
These terms of sale and the supply of the goods will be subject to English law
and the English courts will have jurisdiction in respect of any dispute arising
from the contract.
Notice of Change
The agent reserves the right to change this document, in relation to future sales, based on your comments.
We provide you with thirty (30) days notice to allow you the opportunity to notify
ReefKeepers if you do not agree to such changes.
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