In this document the following words shall have the following meanings:
1.1 “Buyer” means the organisation or person who buys Goods from the Seller;
1.2 “Goods” means the articles to be supplied to the Buyer from the Seller;
1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 “List Price” means the list of prices of the goods maintained by the Seller as amended from time to time.
1.5 “Seller” means the website www.dustmasksdirect.co.uk, trading as AFS Supplies Limited Ltd, Unit 4C, Stephenson Way, Thetford, Norfolk, IP24 3RH.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The price shall be that of the Seller’s, or such other price as the parties may agree in writing. At any point, the Seller’s decision is final. The price is exclusive of VAT or any other applicable costs. At certain times prices may increase out of our control and change against the standard price list.
3.2 If you order an item via the telephone, in person, on one of our websites, email or by fax machine, this is a legally binding contract and all goods must be paid for in full.
3.3 Payment of the price and VAT and any other applicable costs shall be due immediately and when the order is placed. Payment terms other than these may be agreed between The Seller and Buyer and will be confirmed in writing by the Seller to the Buyer.
3.4 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4.00% per annum above the base rate of the Bank of England.
3.5 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
3.5.1 require payment in advance of delivery in relation to any Goods not previously delivered;
3.5.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.5.3 terminate the contract.
3.6 Prices other than “List Price” may be agreed from time to time between Seller and Buyer and will be confirmed in writing by the Seller to the Buyer.
Orders can be taken via the telephone, in person, email or by fax machine. Every order placed is legally binding and all products must be paid for in full as per our full payment terms.
4.1 Cancellation of order
If you order using the www.dustmasksdirect.co.uk site, you have the right to cancel your order up to 28 days following the receipt of an item by contacting us. Please see our returns policy for more information.
Once you have placed your order on the www.dustmasksdirect.co.uk site, we cannot amend or cancel your order before dispatch. If you decide that you do not want an entire order before it is delivered, you can refuse the delivery so that the item(s) are returned to us and we will refund in accordance with our Refund Policy below. The delivery driver will not be able to take back opened packages at this stage. Alternatively, if you have already taken delivery or opened the packaging, please follow the procedure under ‘Non-faulty’ items below.
4.2 Non-faulty items
Please let us know if you wish to return an item within 40 days of receipt by contacting us using the contact details given in the contact us section of www.dustmasksdirect.co.uk.
You are required to take reasonable care of items and items must return in their same physical state so that they can be re-sold. Please return an item in its original and undamaged packaging (including stickers and seals intact) with all of its components. Due to the hygienic nature of protective clothing, dust masks and respirators; all items that are to be returned must be up-opened and any seal / sticker must remain untouched / unbroken.
If an item is returned undamaged in its original and undamaged packaging, we will offer you a refund in accordance with our Refund Policy below. If you do not return the item as instructed, we may make a charge in respect of the cost of recovering (or attempting to recover) the item.
If you do not return an item after our reasonable attempts to recover it, you will be deemed to have accepted the item, at which point a new purchase contract will be made and you will be charged for your order at the price then set out on the www.dustmasksdirect.co.uk site. This does not affect your statutory rights.
4.3 Faulty items
If you have any problems with your purchase, please contact us using the details given in the contact us section of www.dustmasksdirect.co.uk. If a fault is caused by accident, misuse or negligence, you will not be entitled to a replacement or refund. Nothing in this section affects your statutory rights. If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizens Advice Bureau.
5.1 If you are entitled to a refund, we will refund you as follows:
If you paid by payment card, we will refund you on the payment card.
If you choose to keep some items, we will retain the delivery charge. If the order is non-faulty and a choice made by the buyer, we will retain the delivery charge.
If your original order benefited from promotions or special discounts, we will recalculate the total of your revised order after your refund. If your revised order no longer reaches the promotion/discount spend threshold or means that you are no longer entitled to the promotional offer, the cost of your revised order may increase. Any difference will be deducted from the refund and you may not therefore receive the full price of the item in your refund.
5.2 Returns instructions – We hope that you will be happy with your purchase but should you wish to return or exchange an item please contact us for further instructions as to how to return product to us.
Delivery will be made to the address specified when you complete the order. Please note, we only deliver to addresses on the UK mainland. Deliveries to other parts of the UK and international locations are possible by prior arrangement, with costs being notified in advance.
Our standard delivery is a 2 – 5 day service (excluding weekends and bank holidays), however, we will try to despatch your order from our warehouse on the same day you place it.
Whilst we make every effort to deliver all your items within 30 days of the date of your order, we shall not be liable if we fail to do so in part or in full, due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting an item to you within that time.
We always aim to deliver our orders on time. Unfortunately there can be occasions where an unavoidable situation will mean this cannot happen and we will always endeavour to call you to let you know if there is a problem. Ownership of an item will not pass to you until we have delivered it, either directly or by leaving it in a safe place or with a neighbour – see below. Once an item is delivered, risk of damage to, or loss of the item, passes to you.
All items are delivered to the address specified in the order between 7am and 8pm, Mondays to Fridays only. Our couriers will attempt to deliver the package to you at your door, however, if you are out and want your parcel left in a specific location please use our delivery instructions on the checkout page. Our couriers will make every effort to ensure that your parcel is left in a safe and secure place and a card will be left indicating where the parcel can be found. If we were unable to deliver your order for any reason, please contact the number on the card to rearrange delivery.
Delivery will be made to the address on your account, unless an alternative address is specified when placing the order. Please note, we only deliver to UK mainland addresses. Deliveries to other parts of the UK and international locations are possible by prior arrangement, with costs being notified in advance.
We offer next day shipping on most of our products – this applies to orders made before 2.30pm from Monday to Thursday. Orders placed after 2.30pm on a Friday and across the weekend will be shipped at the earliest time the next working day. As all products are not guaranteed to be in stock, our standard delivery is a 2 – 5 day service (excluding weekends and bank holidays). Whilst we make every effort to deliver all your items within 30 days from the date of ordering, we shall not be liable if we fail to do so in part or in full, due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting an item to you within that time.
We aim to ensure that we always stock the full product range. If an item is out of stock we will hold your order for 72 hours before contacting you about the likely availability of an item. If you place an order by phone, you will be told at the point of sale if the item is in stock or alternatively out of stock. If for any other reason, beyond our reasonable control, we are unable to supply a particular item, we will not be liable for this matter, only to ensure that you are not charged for that item.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
9.1 Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller’s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
9.2 The risk in the Goods shall pass from the Seller to the Buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the Goods, title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which the Goods were delivered.
Where the Goods have been supplied by the Seller and are found to be defective, the Seller shall replace defective Goods free of charge within 1 month from the date of delivery, subject to the following conditions:
10.1.1 the Buyer notifying the Seller in writing within 24 hours of receipt of the Goods
10.1.2 the defect being due to the actions of the Seller.
Any Goods to be replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller. Where the Goods have been supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 8 and 9 below.
No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
11.1 the correspondence of the Goods with any description;
11.2 the quality of the Goods; or
11.3 the fitness of the Goods for any purpose whatsoever.
No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
11.4 the correspondence of the Goods with any description;
11.5 the quality of the Goods; or
11.6 the fitness of the Goods for any purpose whatsoever.
All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
12 GDPR AND YOUR DATA
- Will contact you in relation to this order and for legitimate business interests in relation to this order.
- We hold details of your order on file (electronically) on a secure server for a period of 6 years. This is to aid us if there are any issues or warranty claims and allow us to provide you with the best possible service.
- As part of this purchase and our continuous improvement as a company, we will contact you for feedback on our service and the product(s) you have purchased. This happens approximately 7 days after delivery and is done through our review partner, Feefo.
- We will never share or sell your data to anyone else.
13 LIMITATION OF LIABILITY
Where any court or arbitrator determines that any part of Clause 9 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees.
14 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
15 FORCE MAJEURE
The Seller shall not 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, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
16 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
17 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation subcontracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
20 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.