Terms and Conditions…
Your statutory rights are not affected by our terms and conditions.
“Customer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
“Goods” means the windscreen repair equipment and / or consumables, which the Seller is to supply in accordance with these Conditions;
“Seller” means Esprit Windscreen Repair Equipment Ltd.
“Conditions” means these terms and conditions of sale and includes any special terms and conditions agreed in writing between the Customer and the Seller;
“Contract” means the contract for the sale and purchase of the Goods.
“Writing” includes letter, email, fax and any other similar communication.
Basics
By purchasing from Esprit Windscreen Repair Equipment Ltd, you are entering into a legally binding contract and the following terms and conditions apply:
All orders accepted are subject to these terms of trade and conditions of sale. No conditions stipulated in a buyer order, letter or communication shall vary or cancel these terms of trade unless we agree to the variances in writing and it is signed.
All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the seller.
Orders
No order which has been accepted by the Seller may be cancelled by the Customer except with the agreement in Writing of the Seller and on terms that the Customer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of cancellation.
Price of the Goods
The price of the Goods shall be the price set out in the internet shop at the time of the contract.
The price is exclusive of any applicable value added tax and delivery packaging and insurance charges which the Customer shall be additionally liable to pay to the Seller.
Terms of Payment
The Customer shall pay the price of the Goods together with any applicable value added tax and transport costs. All payments will be by the Sage Pay system unless a separate trading account / terms have been agreed between the Seller and the customer
If the Customer fails to make any payment on or before the due date, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
cancel the Contract or suspend any further deliveries to the Customer;
appropriate any payment made by the customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Seller) as the Seller may think fit (notwithstanding any purported appropriating by the Customer)
Disclaimer of Warranties
THE SERVICES, THE CONTENT AND THE INFORMATION ON THIS WEB SITE ARE PROVIDED ON AN “AS IS” BASIS. ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD, ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD WEB SITE OR SYSTEMS. NO INFORMATION OBTAINED VIA THE ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD SYSTEMS OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, THESE PROVISIONS DO, NOT AFFECT YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD, ITS AFFILIATES OR LICENSORS OR ANY THIRD PARTIES MENTIONED AT THE ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE AND SYSTEMS, SERVICES, CONTENT OR INFORMATION WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL ESPRIT WINDSCREEN REPAIR EQUIPMENT LTD TOTAL LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED EUR 100.00. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Disclosure of Information
All information provided to Esprit Windscreen Repair Equipment Ltd by visitors to these web pages is considered to be confidential and will not be disclosed to any third party except as may be required for the provision of the service.