www.northantsgassupplies.co.uk – Terms of Sales
1. Conditions Applicable
- By placing an order with A Bell & Company Ltd, the buyer agrees to be bound by these terms. If you do not accept these terms, you may not use this site or access or display any of the information made available to you at this site.
- A Bell & Company Ltd shall sell and the buyer shall purchase the products in accordance with any written, electronic or verbal order of the buyer which is accepted by A Bell & Company Ltd, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the buyer.
- Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by A Bell & Company Ltd, acting by its Managing Director or some other person authorized in writing by him.
- Any typographical or clerical or other error or omission in any sales literature, proposal, price list, acceptance of offer, invoice or other document or information issued by A Bell & Company Ltd shall be subject to correction without any liability on the part of A Bell & Company Ltd.
- If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. Your statutory rights are not affected.
- All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
- Pictures are for illustrative purpose only, and may not exactly match the product itself.
- A Bell & Company Ltd shall not be liable for any natural product that has a variation in colour, size, quality, thickness, shape, substance or performance of goods sold by reference to description and/or sample.
- Sometimes our product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.
- Prices are correct at time of publication.
- All prices include VAT
- A Bell & Company Ltd reserves the right to change any advertised prices at any time.
- Errors and omissions are exempted.
- All prices are in Great Britain Pounds Sterling.
- Delivery charges will apply to all orders, they will vary dependant on order quantity and type of product. Always check with us to confirm correct charges apply
4. Offer and Acceptance
- By making a purchase on this web site you are making an offer to enter into a contract to purchase the goods which you have ordered. A binding contract is only formed upon our acceptance of your order.
- Other than where the Buyer acts as a Consumer A Bell & Company Ltd shall be deemed to have accepted the Products 7 days of delivery to the Buyer.
- After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
- Where the Buyer accepted any Products then A Bell & Company Ltd shall have no liability whatever to the Buyer in respect of those Products.
- To order goods you must be least 18 years of age.
5. Supply of goods
- The Buyer is solely responsible for insuring that the Products are suitable and fit for the purpose.
- A Bell & Company Ltd reserves the right to refuse the supply of goods at its discretion.
6. Your cylinder gas supply
- Where your order also includes Cylinder Gas, you agree:
- that you are bound by a refill agreement, the terms of which are displayed below and atwww.calor.co.uk/help-and-advice/customer-services/cylinder-refill-agreement. If you do not wish to be bound by the refill agreement then you can cancel your order at the checkout stage;
- that you will comply with the “Using Calor Gas cylinders safely” instructions displayed atwww.calor.co.uk/help-and-advice/technical-and-safety/gas-cylinders/cylinder-information and provided to you on confirmation of your order;
- to notify Calor immediately of any defect or fault in or damage to the Cylinder or any failure in performance thereof; and
- to comply with all operating instructions and recommendations of Calor and with any statute, regulation, order, bye-law or code of practice for the time being in force relating to the storage or use of LPG.
- Cylinders remain the property of Calor at all times and may only be filled by Calor.
- All orders must be paid for in full at the time they are placed.
- A Bell & Company Ltd accept on-line payment with all major credit and debit cards, including Visa, MasterCard, Delta, Maestro and American Express. No charge is made to a consumer for credit card payments.
- All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, A Bell & Company Ltd will offer a similar substitute if available, subject to your agreement.
- A Bell & Company Ltd may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to A Bell & Company Ltd’s specification.
- If a suitable substitute is not available, the transaction for that item will be void and any payment will be returned.
- In the event of any product being unavailable, A Bell & Company Ltd shall be relieved of any liability in connection with all such contracts or orders. In no case shall the company be bound to obtain or deliver Products from any other sources than those contemplated in the order.
- A Bell & Company Ltd will not be held responsible for any costs incurred due to items being delayed or unavailable.
9. Force Majeure
- Neither party shall be liable for any default due to any act of God, war, strikes, lock outs, accidents, fire, breakdown of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
- A Bell & Company Ltd shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the products by normal routes or means of delivery through circumstances beyond its control.
10. Cancellation of orders
- We believe you’ll be delighted with your purchase, but, if you are contracting as a consumer, you may cancel a Contract, or any Products ordered under it, for any reason and at any time within 7 (seven) working days* , beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
- To cancel a Contract, you must inform us by completing by sending us an e-mail to firstname.lastname@example.org or by calling us on 0800 181 4512 and we will collect the Product(s) from you for free. We will telephone you (using the number you included in your order) to confirm certain details in order to arrange the collection. For small, low-value items, we may decide not to collect the Product, and will instead send you a pre-paid, padded envelope, which you can use to post the Product back to us. You have a legal obligation to take reasonable care of the Product(s) (including any packaging) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Please note that if your order includes Cylinder Gas, and you cancel the Contract, either under the seven-day cooling-off period, or for any other reason (e.g. defective Products), the collection of the Cylinder will be at a different time, and possibly a different day, to the collection of the other Products that you are returning.
* working days means all days other than Saturdays, Sundays and bank holidays.
11. Availability and Delivery
- 9.1 Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for them.
- Deliveries are restricted to mainland Great Britain.
- Our aim is to deliver the Products to you within the times in working days* displayed on the website for the Product. If we cannot deliver the Products within the time shown, we will contact you by either telephone or e-mail to provide you with a revised estimate. We will notify you by e-mail once Products have been despatched. Delivery will not take more than 30 days, unless there are exceptional circumstances beyond our control. Products will be dispatched by one of our fulfilment agents or, in the case of Cylinder Gas, either by us or a Calor Gas dealer. Time for delivery shall not be of the essence.IMPORTANT: WHERE YOUR ORDER IS FOR MORE THAN ONE PRODUCT, PLEASE NOTE THAT WE USE DIFFERENT FULFILMENT AGENTS ACROSS OUR RANGE OF PRODUCTS. CYLINDER GAS IS ALSO DELIVERED BY A DIFFERENT AGENT THAN THE AGENT USED FOR OTHER PRODUCTS. THEREFORE, WE ARE UNABLE TO GUARANTEE THAT ALL THE ITEMS IN YOUR ORDER WILL BE DELIVERED AT THE SAME TIME, OR ON THE SAME DAY.
- Delivery will be made to the address specified by you when you place your order. This must be an address within mainland Great Britain.
- You must ensure that someone is available to take delivery of the Products (PLEASE SEE NOTE IN 9.3 ABOVE REGARDING THE FACT THAT THERE MAY BE MORE THAN ONE DELIVERY). You must also ensure that suitable access is available for the purpose of delivery of the Products. If you fail to take delivery of the Products or fail to ensure that suitable access is available for the purpose of their delivery then, without prejudice to any other right or remedy we may have, we may cancel a Contract or suspend any further deliveries to.
- It is your responsibility to arrange inspection of the Products immediately upon delivery. You will be required to confirm receipt of the Products by signing a delivery note when taking delivery. However, your inspection of the Products and your confirmation of receipt does not affect any rights you may have if the Products are defective on delivery.
* working days means all days other than Saturdays, Sundays and Bank Holidays.
- Risk and title
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
12. If goods are delivered damaged or faulty
- The customer shall inspect the goods immediately on delivery and shall notify the Company within 3 days of any damage, defect, shortage or discrepancy between the goods ordered and the goods delivered.
- We can not guarantee to replace or repair items which have been signed for in good condition or ‘unchecked’ and are later found to be damaged. This does not affect your statutory rights.
- A Bell & Company Ltd will not accept any liability for any Products that have been repaired before we have been given the opportunity to inspect them or to give authority for repair work to be carried out or in cases where non Company components have been used.
- If goods have been delivered in a damaged state and we feel the situation can not be improved by authorizing another delivery, we reserve the right to refund you in full for your order and cancel the order.
13. Our liability
- Wherever possible, we will pass on the benefit of any manufacturer’s warranty to you.
- We are responsible for losses you suffer as a result of us breaking this agreement if the losses are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including losses related to any business you are involved in, such as:
- loss of income;
- loss of revenue;
- loss of profit;
- loss of data;
- loss of opportunity;
- loss of contracts;
- damages arising from any breach of a customer contract; or
- waste of management or office time however arising and whether caused by breach of contract, negligence or otherwise.
14. Title and Risk
- Risk of damage to or loss of the Products shall pass to the Buyer upon delivery
- Not withstanding any other provision herein title in the Products shall not pass to the Buyer until A Bell & Company Ltd has received cleared funds payment in full.
15. Privacy and Security
- All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organization. We will endeavor to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering.
- All credit and debit card details are encrypted and sent over a secure server. They are not held in clear text on any web site.
16. Use of our site
- To the fullest extent permitted at law, A Bell & Company Ltd is providing this site and its contents on an as is basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, prices, materials or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose.
- Except as specifically stated on this site, to the fullest extent permitted at law, neither A Bell & Company Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, A Bell & Company Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of A Bell & Company Ltd its affiliates, directors, employees or other representatives.
17. Governing law and Jurisdiction
- This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of A Bell & Company Ltd shall be construed to enlarge, vary or override in any way thereof any of these conditions.
19. Consequential Loss
- A Bell & Company Ltd shall not be liable for any costs claims damages or expenses arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits income or accrual or loss of such profits income production or accruals or by reference to accrual of such costs claims damages or expenses on a time basis, to the fullest extent of the law. Please do not book installers for any items until you have received and checked your order in full.
20. Warranties and Liability
- No warranty is either given or implied on any timber product, as it is a natural product and will react differently depending on usage conditions
- In any event and despite anything contained in these conditions, in no circumstances shall A Bell & Company Ltd be liable in contract, tort (including negligence or breach of statutory duties) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses (ii) for any loss of profit, business contracts, revenues or anticipated savings, or (iii) for any special indirect or consequential damage of any nature whatsoever.
- A Bell & Company Ltd do not accept any liability for any website not under our control, which may act as a portal to our site or be connected by a link with our site or that we connect by a link to.
- All credit and debit card details are encrypted and sent over a secure server. They are not held in clear text on any web site.
22. After Sales Care
- Our products under normal circumstances should give many years of service, if cared for and maintained in accordance with the manufactures instructions. If in doubt as to how a product should be cared for please refer to the manufactures care line or web site for further guidance. Inappropriate use of cleaning materials or accidental damage will not be covered by the manufacturers guarantee.
23. Data Protection
- A Bell & Company Ltd reserves the right to keep all Customer details on file until such a time as the Company deems it suitable to destroy them. The Company will take all reasonable precautions to ensure all such information remains confidential.
- 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 and the party shall be entitled to a reasonable extension of its obligations.
- These terms and conditions are subject to change at any time without prior notice to you. In addition to the above: A Bell & Company Ltd retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. A Bell & Company Ltd retain the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted whereupon if the waiting time is viewed as too long by either party a full refund and order cancellation can be effected. A Bell & Company Ltd retain the right to cancel any order by notifying the customer by email without detailed disclosure. All prices quoted in the initial listings include vat @ 20%. Delivery charges stated by the delivery charge calculator should be used for guidance only, although mostly correct there can be subtle variations dependent upon delivery conditions. Customers will be contacted the day before delivery so that arrangements can be made to accept the delivery. Aborted deliveries will still be charged, re – delivery will be charged at the same rate. Delivery prices are quoted to a curbside location only. The final decision as to whether the required offloading location is safe and prudent will remain with the driver. Curbside offloading will then take place. A Bell & Company Ltd can accept no responsibility for subsequent theft of any product once delivered to an agreed location, please make necessary arrangements to avoid this possibility.
25. Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).