Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Price and Delivery Costs
- Shipment and Delivery Conditions
- Liability for Defects
- Law and jurisdiction
- Tolerance and deviations in quantity
- Force Majeure
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions: the terms and conditions set out in this document.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Good from the Supplier.
Delivery Location: has the meaning given in Clause 5.1
Force Majeure Event: an event, circumstances or cause beyond a party’s reasonable control.
Goods: the goods are described in the Supplier’s online shop [as modified by any Specification].
Order: the Customer’s order for the Goods as set out in the Customer’s purchase order form integrated in the Customer’s online shop.
Specification: any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier.
Supplier: U.K Tents Limited (registered in England and Wales with company number 13244649.
1) Basis of Contract
1.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. These Conditions shall apply to all contracts concluded between the Customer and the Supplier relating to all goods and/or services presented in the online shop of the Supplier.
2) Conclusion of the Contract
2.1 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification [submitted by the Customer] are complete and accurate.
2.2 The Customer may submit the offer by making an Order. In doing so, after having placed the Goods in the virtual basket and passed through the ordering process, and by clicking the button finalising the order process, the Customer submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The period for acceptance of the offer shall start on the day after the Customer has sent the Order and ends on the expiry of the fifth Business Day following the sending of the Order.
2.5 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
2.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.
2.7 The contract’s content will be stored by the Supplier and will be sent to the Customer in writing including these Conditions and information about the Supplier (for example via e-mail, fax or letter) after the Customer has submitted his order. In addition, the contract’s content will be stored on the Supplier’s website and can be found by the Customer in the customer login via the password-protected customer account, provided the Customer has created a customer account in the online shop prior to submitting his order.
2.8 The Customer can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.9 The contractual language is English.
2.10 Order processing and contacting usually take place via e-mail and automated order processing. It is the Customer`s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Supplier can be received at this address. Particularly, it is the Customer`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Supplier or by third parties commissioned by the Supplier with the order processing can be delivered.
3) Right to Cancel
Customers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Customer’s instructions on cancellation. All transaction and shipping fees are non-refundable and purchasing any item is deemed to be customer acceptance.
4) Price and Delivery Costs
4.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date of delivery.
4.2 The Supplier may, by giving notice to the Customer at any time 2 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
- any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
- any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
- any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
4.3 For deliveries to countries outside the United Kingdom, additional costs may arise which are beyond the Supplier’s control. They shall be borne by the Customer. Such costs are, for example, money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.4 Payment can be made using one of the methods mentioned in the Supplier’s online shop.
4.5 Payment for the Goods must be made in advance of delivery to the bank account nominated in writing by the Supplier.
4.6 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under Clause 11, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 4.6 will accrue each date at 4% each year for any period when that base rate is below 0%.
4.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law.
5) Shipment and Delivery Conditions
5.1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time after the Supplier notifies the Customer that the Goods are ready.
5.2 Delivery is completed on the completion of unloading of the Goods at the Delivery Location.
5.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.4 Should the assigned transport company return the goods to the Supplier because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply, if the Customer hereby exercises his right of cancellation, or if he has been temporarily prevented from receiving the offered service, unless the Supplier has provided the Customer with reasonable advance notice about the service. Except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract in response of the Goods:
- delivery of the Goods shall be deemed to have been completed at 9:00am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
- the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
5.5 If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted actual delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods [and, after deducting reasonable storage and selling costs], account to the Customer for any excess over the price of the Goods.
5.6 Should the Customer collect the goods himself, the Supplier informs the Customer by e-mail that the goods are available for collection. After receiving the e-mail, the Customer may collect the goods in consultation with the Seller. In this case shipment costs will not be charged.
6) Liability for Defects
Should the object of purchase be deficient, statutory provisions shall apply.
6.1 If the Customer is a trader, all of the following will apply:
- a marginal defect shall generally not constitute claims for defects,
- the Supplier may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year from delivery of the goods,
- for used goods, rights and claims for defects are generally excluded,
- the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
6.2 If the Customer is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
6.3 For traders, the aforementioned limitations of liability and the restrictions of limitation periods do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects.
6.4 Furthermore, for traders the statutory limitation periods for recourse claims remain unaffected. The same shall apply for traders and consumers in the event of wilful intent or gross negligence and fraudulent concealment of a defect.
6.5 If the Customer is a businessperson, he has the commercial duty to examine and notify defects. Should the Customer neglect those duties, the goods shall be deemed approved.
6.6 The forwarding agent has to be immediately notified by the Customer of any obvious transport damages and the Supplier be informed accordingly. Should the Customer fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
The Supplier shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
7.1 The Supplier shall face unlimited liability
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
7.2 Should the Supplier negligently infringe upon an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Supplier according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the Customer can regularly rely.
7.3 For the rest the Supplier’s liability is excluded.
7.4 The aforementioned provisions on liability apply also for the Supplier’s liability regarding his legal representatives and vicarious agents.
8) Law and jurisdiction
8.1 If a Customer acts as a consumer, any contractual relationships between the parties are governed by the law of the country where the Customer has his habitual residence. The UN-Convention on Contract for the International Sale of Courts is excluded. Moreover, the courts of the State where the Customer is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
8.2 If a Customer acts as a trader, any contractual relationships between the parties is governed by the law of the country where the Supplier has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Supplier has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
9) Tolerance and deviations in quantity
9.1 Orders are processed according to general technical standards. If not agreed upon differently with the customer, technically necessary deviation in relation to materials or processing may occur within customary quality.
9.2 All product properties issued by the Supplier (e.g. diameter and weight of tarpaulins and frames, colours, measures) are subject to quality tolerance within standards of respective fields of application. Accordingly, minor deviations in weight, colour or quantity as well as inessential changes do not compromise an orderly delivery.
9.3 The Supplier commits itself to acting in a way that goods are not subjected to deviations hampering the indicated field of application, customary use or economic value of the product.
10) Force Majeure
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 4 weeks, the party not affected my terminate the Contract by giving one week written notice to the affected party.
11.1 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
- the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 working days of the party being notified in writing to do so;
- the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of the solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction in connection with any analogous procedure in the relevant jurisdiction];
- the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
- the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
11.2 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in Clause 11.1(b) to Clause 11.1(d), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
11.3 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on due date for payment.
11.4 On termination of the Contract, for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt.
11.5 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
11.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.