Defininitions
In these terms and conditions the following words shall have the following meaning:
“Company” means Education and Special Projects Ltd (registered in England and Wales, 6226473) trading as ESP Home, Eastham Place, Burnley, Lancashire, BB11 3DA
“Goods” means the subject matter including any goods supplied in substitution for or in replacement of or in addition thereto and any services connected with the sales of Goods described in the order or in any specification of the Buyer whichever shall be accepted by the Company.
“Contract” means an order and/or agreement between the Company and any Customer of which these Terms and Conditions shall form part.
“Customer” means the individual, group, firm, partnership, company or other body howsoever constituted acting as the buyer of goods to be supplied either directly of indirectly or otherwise by the Company.
“Website” means any online internet presence of the Company and main retail point for sale of products and services and contracts. Current registered domains for the purpose of these Terms and Conditions include www.esphome.co.uk.
The Company reserves the right to amend and alter the these terms and conditions of sale at any point in the future.
Contract
Any order issued by the Customer is subject to acceptance by the Company and vice versa. A Contract will be formed when an order has been received by the Company from the Customer by means of electronic mail (email), fax, telephone or mail.
All orders are placed under these Terms and Conditions alone and exclude any other terms and conditions inconsistent therein which a Customer might seek it impose.
The Company may from time to time provide brochures and catalogues together with promotional material which will be subject to variations and adjustment. The Company reserves the right to provide alternative or adjusted documentation at any time without liability.
Prices
It is stated from the date of quotation the Company reserves the right at any time prior to the delivery of the Goods or provision of Services to adjust the price to take account of any increases in the cost of raw materials, labour services or any currency fluctuations affecting the cost of imported materials.
There shall be added to the price for the Goods or Services any value added tax at the prevailing rate and other tax or duty relating to the manufacture, transportation, export, import, sale provision or delivery of the Goods or Services (whether initially charged on or payable by the Company or the Customer).
In any event that information given by the Customer to the Company differs from that on which this Contract is based and involves the alteration of the Contract the Company may increase the price quoted therein to cover any increase in costs that the alteration may incur and amend the delivery date.
If after the Company has accepted an order the Customer requires any alteration in the Goods quoted for the costs alteration shall be paid by the Customer to the Company on demand. Alterations and subsequent variations to contract must be agreed in writing.
Terms of Payment
Unless otherwise agreed in writing all sums become due and payable on acceptance of the contract by the Customer and the Company.
The Company reserves the right to charge interest at 4% over HSBC Plc base rate (applying at the time) on all overdue accounts such interest being deemed to accrue on a day to day basis from the due date for payment.
The Company reserves the right at any time to negotiate specific terms.
Faulty Goods / Return of Goods / Cancellation of Order
Any faulty goods will be replaced free of charge. Notification of faulty goods must be made within 7 days of delivery.
The return of faulty goods must be accompanied by the formal notification to the Company of such prior to returning the product.
The safe return of faulty goods is the express responsibility and cost of the Customer. The Company recommend Customers use a recorded delivery service. The Company will notify the customer of receipt and full refund will be made within two weeks.
In addition the Customer has the statutory right under Distance Selling Regulations 2000 to return goods without fault within 7 days for a full and unconditional refund within 30 days. The Customer is advised certain Goods of a personalised, individual or otherwise unique nature are exempt from this right.
The Company reserves the right to deny return of faulty goods or goods returned under the Distance Selling Regulations 2000 and subsequent liabilities and/or obligations if the goods are opened, damaged, not in saleable condition or otherwise incomplete.
Orders accepted by the Company cannot be cancelled or suspended by the Customer except upon terms, which indemnify the Company against any actual or anticipated resultant loss.
Delivery or Completion
The delivery specified on the Website in relation to the Contract is approximate only.
The Company will use all reasonable endeavors to deliver the Goods by the date/s agreed between the parties but the Customer shall not be entitled to refuse delivery on account of any delays unless the period from acceptance of contract and delivery is more than 30 days.
The Company shall not be liable for any loss, damage or shortage on delivered orders unless informed within 5 working days of the date of delivery.
Use of Website
This website or any portion of this website including imagery may not be duplicated, copied, reproduced, sold/resold, visited, or otherwise exploited for any commercial purpose including rebranding or otherwise redesigning without our express written consent.
A non-exclusive and limited right is granted to link to the Website under condition the context of the placement of the link does not show the Company and its products/services in a misleading, offensive or derogatory manner.
For the use of the Website the Customer consents to receive electronic communications from us and all such communications satisfy any legal requirement that such communications be in writing.
Product Limitation of Liability
The Customer accepts in no event shall the Company be liable or responsible for any direct, indirect, punitive, incidental, consequential or any other damages whatsoever arising out of or connected with the use or misuse of the Products. Should any product prove defective following purchase, the Company will offer a replacement product or full refund to the price of the item paid by the Customer as settlement.
Jurisdiction
The validity construction and performance of this Contract shall be governed by the Laws of England and Wales and the Customer and the Company submit to the non exclusive jurisdiction of the English Court.
