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TERMS AND CONDITIONS:
This site is operated by WriteAxis publishing (WriteAxis). When you choose
to use this web site (the "Site"), you are agreeing to all of
the terms and conditions of this Agreement between you and WriteAxis.
Disclaimer on liability
This site is provided in good faith by WriteAxis but WriteAxis does not
make any representations or warranties of any kind, express or implied,
in relation to all or any part of the Site or the Content or any websites
to which the Site is linked, and all warranties and representations are
hereby excluded to the extent permitted by law.
The contents of the Site do not constitute advice and should not be relied
upon in making, or refraining from making, any decision.
There is no guarantee that the Site will be free of infection by viruses
or anything else which may be harmful or destructive.
To the extent permitted by law, WiriteAxis hereby disclaims all liability
(howsoever arising) in connection with any loss and/or damage, arising
out of or in connection with any use of, or inability to use, all or any
part of the Content, the Site and/or any website to which the Site is
linked, or any action taken (or refrained from being taken) as a result
of using any of these.
In relation to using the site:
(a) Use of this site constitutes your acceptance of these terms and conditions
which take effect at the time you first access the site.
(b) If you do not accept these terms and conditions you must not use this
site.
(c) Write Axis reserves the right to change these terms and conditions
at any time by posting changes online. It is your responsibility to refer
to these terms and conditions on accessing this site.
(d) Continued use of this site after such changes to the terms and conditions
constitutes acceptance of those posted changes.
(e) Write Axis reserves the right to make this site unavailable at any
time or to restrict access to parts or all of the site without notice.
(f) You acknowledge that all intellectual property rights, including any
trade marks or copyright in the content of this site, are owned by Write
Axis or its third party suppliers. Nothing contained herein shall be construed
as granting any licence or right to use any of the intellectual property
of Write Axis except as otherwise provided on this site.
(g) Material may not be copied, reproduced, republished, downloaded, posted,
broadcast or transmitted in any way except for your own personal non-commercial
use Copying or storing of any Content for other than personal use is expressly
prohibited without prior written permission from Write Axis.
(h) You agree to use this site only for lawful purposes and in a manner
which does not infringe the rights of, or restrict or inhibit the use
of or enjoyment of this site by any third party.
TERMS AND CONDITIONS FOR SALE OF GOODS
By Practikon PO Box 9641 Nottingham NG8 9GG
1. These Terms and Conditions shall apply to all contracts for the sale
of Goods by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
2. All orders for Goods shall be deemed to be an offer by the Buyer to
purchase Goods pursuant to these Terms and Conditions and are subject
to acceptance by the Seller. The Seller may choose not to accept an order
for any reason.
PRICE AND PAYMENT
3. The price of the
Goods shall be that stipulated on the Seller's website at the date of
order or as agreed between the parties. The price is generally inclusive
of VAT and generally exclusive of any delivery charges.
4. Payment of the total purchase price (including VAT and any delivery
charges) must be made in full before dispatch of the Goods.
DELIVERY
5. Delivery of the Goods shall be made by the Seller notifying the Buyer
that the Goods are available for collection at the Seller's premises or
for delivery to such place and on such terms as agreed between the Seller
and the Buyer at the time the order is placed.
6. All Goods, wherever possible, will be delivered within two to three
weeks of the order being placed but always subject to the Goods being
available. The Buyer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery.
7. The Seller shall use its reasonable endeavours to meet any date stated
for delivery. In any event, time of delivery shall not be of the essence
and the Seller shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or indirectly
out of any failure to meet any estimated delivery date.
8. Some Goods may not be in stock at the time the order is placed. In
the event that the Seller is unable to deliver the Goods within the time
specified in Clause 6, the Seller will contact the Buyer to advise of
the situation and the Buyer shall be entitled to cancel the order and
receive a full refund or agree a later delivery date.
9. Title and risk in the Goods shall pass to the Buyer upon delivery of
the Goods.
WARRANTY
10. The Seller warrants that the Goods will at the time of delivery correspond
to the description given by the Seller.
CANCELLATION AND RETURNS
11. The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller within 7 days of delivery if the Goods are damaged or
do not comply with any of the Contract.
12. Where a claim of defect or damage is made then it shall be the responsibility
of the Seller to collect faulty Goods if the items are large, otherwise
the Goods shall be returned by the Buyer to the Seller and the Buyer shall
be entitled to replacement Goods or a full refund (including delivery
costs, if applicable) plus any return postal charges if the Goods are
in fact defective.
13. Goods to be returned must clearly show the order number obtained from
the Seller on the package.
14. Where returned Goods are found to be damaged due to the Buyer's fault
the Buyer will be liable for the cost of remedying such damage.
15. Where Goods are purchased via the internet, by mail order or by phone
or fax, the Buyer has the right, in addition to any other rights, to cancel
the Goods and receive a refund by informing the Seller in writing or by
email within 7 working days of receipt of the Goods. Goods must be returned
at the Buyer's cost and should be adequately insured during the return
journey. The Buyer shall receive a refund of all monies paid for the Goods
(including delivery charges, if any) except for return postal charges
within 30 days of cancellation.
LIMITATION OF LIABILITY
16. Nothing in these Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury, however the Seller shall not
be liable for any direct loss or damage suffered by the Buyer howsoever
caused, as a result of any negligence, breach of contract or otherwise
in excess of the price of the Goods.
17. The Seller shall not be liable under any circumstances to the Buyer
or any third party for any indirect or consequential loss of profit, consequential
or other economic loss suffered by the Buyer howsoever caused, as a result
of any negligence, breach of contract, misrepresentation or otherwise.
FORCE MAJEURE
18. 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, 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 party shall be entitled to a reasonable
extension of its obligations.
SEVERANCE
19. 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.
GOVERNING LAW AND
JURISDICTION
20. These Terms and Conditions shall be governed by and construed in accordance
with the law of England and the parties hereby submit to the exclusive
jurisdiction of the British courts.
21. Acceptance of
delivery of the Goods shall be deemed conclusive evidence of the Buyer's
acceptance of these Terms and Conditions.
22. Any variation to these Terms and Conditions shall be inapplicable
unless agreed in writing by the Seller.
23. Nothing in these Terms and Conditions shall affect the Buyer's statutory
rights as a Consumer.
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