Back a Page
Terms And Conditions
|About Us Etills Ltd are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link on the store page.|
Our Contact details:
Company - Etills Ltd
Unit 1 Whiting Way,
Tel - 0871 200 2082
Fax - 01763 268409
|Making A Purchase Making a Purchase could not be easier with our online store. Browse for the item's you desire and add them to your shopping cart then Click on 'checkout' where you will be asked for a few details to complete your order. |
Our online payment system can accept Visa and Master Card transactions only. Unfortunately we do not have the facilities to accept American Express. Full payment will be taken when the order is processed at the end of the shopping cart.
After you have completed your order you will automatically be sent a conformation email, this indicates the order has been received by our company and does not mean that a contract exists between us, this will only occur once you have received a VAT invoice which is sent by post. (We have included this term to cover us should a problem arise with pricing, underpaid goods or if we no longer supply a particular product meaning the item could have been discontinued or is out of stock.) If we do have a problem with the item/s you have ordered you will be advised by phone or email and If you request a refund, this will be given immediately.
Cheque payments can also be sent to the address above and made payable to 'Etills Ltd'
|Shipping And Handling We charge delivery on all of our products depending how big the item and where it is going. |
There may be an extra charge to the cost of your order if you live in remote parts of the UK i.e. Scotland, Ireland and some parts of Wales. If you have ordered online and are in a remote part of the Country you may have to pay an extra fee on top of your order. One of our sales team would advise this issue and take a method of payment for the extra amount, as we cannot view customer details online.
Shipping charges for online orders are added at the end once completing all the steps in the shopping cart.
If you are ordering from another country, then we advise you to call our office to place your order as we will have to quote you for the delivery charge.
|Delivery Schedule b>7. DELIVERY|
7.1. In the absence of written instructions to the contrary, the Sellers delivery driver or carrier shall have authority to consign goods and accept the signature by way of receipt from any person having ostensible authority to accept consignment or sign for goods.
7.2. Any date quoted for delivery shall be approximate only and the Seller shall not be liable to the Purchaser or any other person for any delay in delivery beyond the Sellers reasonable control. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
7.3. All goods must be examined by the Purchaser on delivery and checked against the delivery notes and the Seller will not accept liability for alleged non-delivery, loss or damage in respect of any goods not so examined or checked.
7.4. If the Seller does not receive forwarding instructions sufficient to enable it to despatch the Goods within 2 working days after the date of notification that they are ready for despatch, the Purchaser shall take delivery or arrange for storage. If the Purchaser does not take delivery or arrange for storage, the Seller shall be entitled to arrange storage either at its own works or elsewhere on the Purchaser's behalf and all charges for storage, for insurance or for demurrage shall be payable by the Purchaser.
7.5. If the delivery of the Goods takes place elsewhere than at the Seller's address, the costs of carriage and any insurance which the Purchaser reasonable directs the Seller to incur shall be reimbursed by the Purchaser. The Purchaser will be responsible for safe offloading.
7.6. The Seller shall not be liable for any loss or damages whatever due to failure by the Seller to deliver the Goods (or any or part of them) promptly.
7.7. Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any or part of them) promptly the Purchaser shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within one month of the date of the invoice.
7.8. The Seller shall be entitled to make delivery by instalments.
7.9. Liability for any part of the Goods lost or damaged in transit will only be accepted by the Seller in the following circumstances:
7.9.1. In the case of UK delivery consigned carriage paid, where damage is reported in writing both to the carrier and the Seller within 7 days of receipt by the Purchaser or in the case of non-delivery within such time from the date of despatch as well enable the Seller to make a successful claim on the carrier;
7.9.2. In the case of export contracts, according to export contract (e.g. f.o.b or c.i.f) subject to which the goods are exported.
8.b> “DELIVERY INCLUDED”/FREE DELIVERY CONDITIONS
8.1. The Seller includes standard UK delivery in the price of certain items. Standard delivery is to
most mainland England and Wales addresses and excludes parts of Scotland.
8.2. Customers outside the standard delivery regions will receive a discount on their delivery charge
8.3. Delivery included offers may be withdrawn without notification.
8.4. If an item is returned the Purchaser will be liable for all delivery costs incurred.
9.b> WARRANTIES & CLAIMS
9.1. Save as expressly provided in these conditions or as necessarily implied by statute or otherwise in
relation to the sale of goods, all warranties or other terms are excluded to the fullest extent
permitted by law.
9.2. Goods are warranted to accord with the normal limits of industrial quality.
9.3. Provided always that
9.3.1. the Goods are handled, assembled, installed, used, maintained and investigated in
accordance with the Manufacturers operating and installation guidelines or other notices
or written advices issued in respect of the Goods;
9.3.2. the Seller is provided with such facilities for inspection and testing of the Goods as the
Seller may reasonably require; and
9.3.3. the defect or suspected defect is reported to the Seller promptly and in any event prior to
the Defects Liability Period, then, in respect of any defective Goods or parts of the Goods
manufactured by the Seller and supplied to the Purchaser under this agreement, which are
established to the Seller's reasonable satisfaction to have been defective at the time of
despatch solely from faulty design, materials or workmanship, and where such defect was
neither reasonably ascertainable to the Purchaser, its servants or agents on or after
delivery, the Seller shall be entitled, at the Sellers sole discretion, either (a) to replace the
goods with the same or equivalent model or (b) to refund the price to the Purchaser and
the Seller shall thereupon be under no further liability to the Purchaser.
9.4. The Seller's warranty does not extend to Goods not of the Seller's manufacture, but at the
discretion of the Seller, the Seller will endeavour to obtain for and at the expense of the Purchaser
the benefit of any other warranty in relation thereto. The provisions set out in clause 8.3 are
offered as an extra benefit and do not affect the Purchaser's statutory rights;
9.5 In the event that the cause and responsibility for a defect or possible defect as envisaged by clause
9.5.1 cannot reasonably and practicably be ascertained by the Seller; and/or
9.5.2 is not reported to the Seller during the Defects Liability Period; and/or
9.5.3 is previously deemed by the Seller not to fall within clause 8.3;
repair or replacement of the Goods or any part thereof or payment in respect thereof is at the
absolute discretion of Seller;
9.6 In the event that the Goods are not handled or assembled or installed or used or maintained or
investigated strictly in accordance with the Seller's operating and / or installation instructions or
other notices or advice issued in respect of the Goods, the Seller shall have no liability whatsoever
for any defect in the Goods or for any consequence arising therefrom;
9.7 Save as provided for in clauses 8.3.1 to 8.3.3 of these Conditions, all terms, whether made
expressly or implied and whether made by the Seller or its servants or agents relating to the
quality and or fitness for purpose of the Goods or any part of the Goods are expressly excluded to
the fullest extent permitted by law;
9.8 Without prejudice to the generality of clause 8.7 above, in the event of the Seller
9.8.1 breaching this agreement; and / or
9.8.2 committing any tort, including the negligence of its servant or agents, the Seller will have no
liability to the Purchaser save that:
188.8.131.52 the Seller will indemnify the Purchaser in respect of any death or personal injury
caused thereby and in respect of which no limitation or exclusion is intended;
184.108.40.206 the Seller will indemnity the Purchaser in respect of any Fraud on behalf of the
Seller subject to the exclusions and limitations set out in clauses 8.9 to 8.12 below;
9.9 Without prejudice to the generality of the above, in no event shall the Seller be liable for :
9.9.1 any pollution or contamination of land or waters whether arising directly or indirectly from
any breach or tort;
9.9.2 any damage to property whether arising directly or indirectly from any breach or tort;
9.9.3 the cost of assessing or preventing or minimising or mitigating or rectifying or allaying any
pollution or contamination of land or waters whether arising directly or indirectly from any
breach or tort;
9.9.4 the cost of assessing or preventing or minimising or mitigating or rectifying or allaying any
damage to property whether arising directly or indirectly from any breach or tort;
9.9.5 loss of profits, business revenue, goodwill or anticipated savings whether arising directly or
indirectly from any breach or tort;
9.9.6 consequential loss or damage;
9.9.7 any indemnity in respect of 8.9.1 to 8.9.6 above.
9.10 It is hereby acknowledged and accepted that it is the parties expectation that the service of any
remediation notice or notices under part IIA of the Environmental Protection Act 1990 should
generally lie as against the Purchaser or, if different, the owner and / or user of the Goods and /
or occupier of the land not as against the Seller;
9.11 The Purchaser will indemnify the Seller in respect of :
9.11.1 the cost of any action taken pursuant to a remediation notice served on the Seller under
part IIA of the Environmental Protection Act 1990;
9.11.2 any liability for the cost of remediation undertaken by any third party.
9.12 Without prejudice to the generality of the above, the liability of the Seller for all the losses caused
by the breach or tort giving rise to a claim, shall be limited to damages of 3 times the purchase
price of the Goods (excluding installation costs) and which the parties have considered and agree
is a reasonable sum given the respective positions of the parties and the types of direct losses
likely to occur.
10 b> DRAWINGS AND MOULDS
Where the Price includes part cost of drawing and moulds, the ownership of the drawings and moulds
shall at all times belong to the Seller including copyright.
11. b> ACCEPTANCE AND CANCELLATION
11.1 The Purchaser shall examine the Goods delivered forthwith upon delivery. If following such
examination the Goods or any part thereof are claimed to be defective by reason of faulty design,
materials or workmanship, such claim together with particulars of the matter complained of shall
be notified in writing to the Sellers within two working days of delivery.
11.2 The Purchaser shall be deemed to have accepted the Goods within 2 working days after delivery
or collection by the Purchaser.
11.3 After acceptance the Purchaser shall not be entitled to reject Goods which are not in accordance
with the contract.
11.4 If for any reason an order is cancelled prior to delivery or collection, the Purchaser will be liable to
indemnify the Seller for all costs incurred with the addition of a profit margin of 10% (ten per
cent) of the said costs.
12 b> DESIGN AND SPECIFICATION
The design and specification of goods manufactured or sold by the Seller as described on websites, in
brochures, sales literature or other documentary form are subject to alteration without notice.
13 b> RETENTION OF TITLE
13.1 Notwithstanding delivery of the Goods to the Purchaser and the passing of risk therein, the
ownership of and title to the Goods will remain with the Seller until the Seller has received
payment in full of the price of the Goods and all other debts then due by the Purchase to the
13.2 Until ownership of and title to the Goods has passed to the Purchaser (provided the Goods have
not been resold) the Seller may require the Purchaser to return the Goods or any part thereof
failing which the Seller shall be entitled to enter the premises of the Purchaser or any third party
where the Goods are stored to take possession of the Goods or any part thereof;
13.3 Notwithstanding that the Goods (or any part of them) remain the property of the Seller, the
Purchaser may sell or use the Goods in the ordinary course of the Purchaser's business at full
market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the
Seller's property by the Purchaser on the Purchaser's behalf and the Purchaser shall deal as
principal when making such sales or dealings. Until property in the Goods passes from the Seller
the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall
not be mixed with other money or paid into any overdrawn bank account and shall be at all
material times identified as the Seller's money.
14 b> SEVERABILITY
In the event any one or more of the provisions of this Agreement or of any attachment is invalid or
otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
15 b> WAIVER
Any failure by the Seller to exercise any rights under these conditions shall not constitute a waiver or
prevent the subsequent exercise of such rights.
16. b> JURISDICTION
These terms are subject to the law of England and Wales and the courts of England and Wales shall have
17 b> SPECIFICATION
17.1 The Purchaser must rely on the Purchasers own skill and judgement in assessing the suitability of
goods for any particular purpose and the Seller accepts no responsibility in this connection.
17.2 All measurements, weights, colours, finishes and specifications given in any quotation are for
guidance only and are subject to normal manufacturers tolerances and variations.
18.1 The Seller does not disclose the Purchasers information to third parties other than when order
details are processed as part of the order fulfilment. In this case, the third party will not disclose
any of the Purchasers details to any other third party.
18.2 Cookies are used on shopping sites to keep track of the contents of the shopping cart, to store
delivery addresses if the address book is used, and to store information if the 'Remember Me'
option is selected. They are also used after logging on as part of that process. Cookies can be
turned off by going to 'Tools | Internet Options | Privacy' and selecting block cookies. If cookies
are turned off, orders cannot be placed and other features that require cookies cannot be used.
18.3 Data collected by our shopping sites is used to:
18.3.1 Take and fulfil orders
18.3.2 Administer and enhance the site and service
18.4 Information is only disclosed to third-parties for delivery purposes
|Back Orders If items are out of stock we will advise you of this and where possible we will provide you with an alternate product or offer you with an immediate refund. However if the item is no longer available you will be automatically refunded|
|Tax Charges For orders made from the UK or the European Union, 20.00% VAT is added. All other orders are VAT free.|
|Credit Card Security When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.|
|Guarantee If you are unhappy with your purchase you can return the item to us up to 7days after the date of delivery. Providing the item is in the same condition received by yourselves you will receive a full refund excluding all delivery costs.|
|Reaching Us If you need to reach us, please email us using the link on the store page, alternatively, you can call on 0871 200 2082 (International +44 0871 200 2082) or fax us on or write to us at Unit 1 Whiting Way, Melbourn, Cambridgeshire, SG8 6NA |
|Returns Policy In no circumstances can we except back goods which have been specially procured from works or made by us to special instructions. Also we cannot accept goods which have deteriorated or have been damaged. Nothing in this clause shall oblige us to accept the return of goods and it will be entirely within our sole and absolute discretion as to whether or not the return of goods is to be accepted and under what circumstances. |
When returning an item after our 7 day guarantee, which has been correctly supplied, a 35% Restocking fee and all necessary delivery charges will be taken from the total invoice amount and you will only be refunded the difference.
There are two ways of returning an item you can either send them direct to our office at your own cost. Alternatively a third party carrier can collect the unwanted goods from you. Please note if a third party carrier is used you will be liable for the charges in full.