Terms & Conditions
We advise all our online customers to read through these Terms and Conditions before every transaction.
These Terms and Conditions form a legal agreement between you and Express Factors Sevenoaks and can only be changed with Express Factors Sevenoaks written consent. Express Factors Sevenoaks reserves the right to amend the Terms and Conditions at its sole discretion by changing them on the web site.
Express Factors Sevenoaks try to ensure all information on the web site is accurate. If you find any inaccurate information on the web site please advise our team by emailing email@example.com and we will correct it as soon as possible. Express Factors Sevenoaks makes no representations that information on the web site is accurate or up to date or complete and accepts no liability for any loss or damage caused by inaccurate or incomplete information. This web site contains a lot of data and inevitably there may be errors in it.
1. Our Contract
1.1 These Terms and Conditions govern your use of this web site and shall apply, if you are a consumer, to the supply of goods sold by Palmar Ltd T/A Express Factors Sevenoaks of Block 3, Units 3 & 4, Vestry Trading Estate, Otford Road, Sevenoaks, Kent TN14 5EL ("Express Factors Sevenoaks") to the customer ("you") and constitute the entire and only agreement between the parties in relation thereto. If you do not agree to the Terms cease use of this web site immediately.
1.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by Express Factors Sevenoaks by delivery of the goods to you at which point a legally binding contract is constituted between Express Factors Sevenoaks and you. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
1.3 After placing an order, you will receive an e-mail from Express Factors Sevenoaks acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Express Factors Sevenoaks to buy goods. All orders are subject to acceptance by Express Factors Sevenoaks, and we will confirm such acceptance to you by sending you an e-mail that confirms that the goods have been dispatched (the “Dispatch Confirmation”). The contract between Express Factors Sevenoaks and you (the “Contract”) will only be formed when Express Factors Sevenoaks send you the Dispatch Confirmation.
1.4 The Contract will relate only to those goods whose dispatch by Express Factors Sevenoaks have confirmed in the Dispatch Confirmation. Express Factors Sevenoaks will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Dispatch Confirmation.
2. Goods, Price & Payment
2.1 The price payable for the goods you order is as set out on the web site at the time you place your order, except in cases of obvious error. Prices include VAT but exclude delivery costs. All brochures, drawings, shapes particulars and descriptions and price lists are intended only to present a general idea of the goods described.
2.2 Express Factors Sevenoaks reserves the right to change the price of commodity goods, such as copper, due to market conditions but we will confirm the prevailing price with you before accepting your order. Express Factors Sevenoaks is not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.3 On occasion, the prices payable of goods advertised on the website may differ from those prices offered in the then current catalogue or at Express Factors Sevenoaks trade counter, and Express Factors Sevenoaks is under no obligation to honour any web site price if there is such a difference. Express Factors Sevenoaks is not obliged to supply you with goods at an incorrect, lower price even if Express Factors Sevenoaks has acknowledged your order or dispatched the goods, in particular if the error in pricing is obvious and you could easily have recognised that it was an error.
2.4 Occasionally an error may occur with the web site and goods may be incorrectly priced in which circumstances Express Factors Sevenoaks will not be obliged to supply the goods at the incorrect price.
2.5 Payment for all goods must be by credit, debit card or PayPal and payment must be received for the whole of the price of the goods you order, and any applicable charges for delivery or product surcharges before your order can be processed unless Express Factors Sevenoaks has agreed otherwise in advance in writing.
3. Delivery & Title
3.1 Express Factors Sevenoaks will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days. In the unlikely event that Express Factors Sevenoaks does not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order without liability to Express Factors Sevenoaks by notifying Express Factors Sevenoaks accordingly prior to delivery. This is your only remedy for such delay. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify Express Factors Sevenoaks immediately.
3.2 For reasons of health and safety and to avoid any property damage, large items can only be delivered to the exterior ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. Express Factors Sevenoaks will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by Express Factors Sevenoaks.
3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, Express Factors Sevenoaks will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If Express Factors Sevenoaks is unable to arrange a date for re-delivery or facilitate collection by you Express Factors Sevenoaks may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from Express Factors Sevenoaks, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as Express Factors Sevenoaks property. You may not resell the goods before ownership has passed to you.
3.5 It is your responsibility to ensure that all goods ordered are acceptable and permitted in your country.
3.6 If you order goods from the web site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Express Factors Sevenoaks has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
3.7 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. Express Factors Sevenoaks will not be liable for any breach by you of any such laws.
While Express Factors Sevenoaks endeavours to hold sufficient stock to meet all orders, if Express Factors Sevenoaks has insufficient stock to supply or deliver the goods ordered and paid for by you, Express Factors Sevenoaks may supply or deliver a substituted product of equal quality and purpose or at your request refund you the price paid for such goods as soon as possible and in any case within 30 days.
5. Cancellation & Returns
5.1 On cancellation for whatever reason, you must return the goods to Express Factors Sevenoaks at your cost unless Express Factors Sevenoaks agrees that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by Express Factors Sevenoaks, Express Factors Sevenoaks will meet the cost of return but Express Factors Sevenoaks asks that you allow Express Factors Sevenoaks to nominate the carrier.
5.2 If you are a consumer, you may cancel any order placed (whether or not acknowledged), at any time, within 14 working days, beginning with the day after the day on which you receive the goods, and receive a full refund of the price or any part thereof paid. To cancel any order, you must inform Express Factors Sevenoaks of such cancellation in writing, return the goods in their delivered condition immediately, and at your sole cost and risk. Any statutory consumer rights are unaffected by these conditions. For the avoidance of doubt, this clause will not apply where the goods have been made to measure, or created, altered or modified to accord your particular requirements. The right specified in this clause does not apply if you are buying goods otherwise than as a consumer.
5.3 If some or all of the goods you receive from Express Factors Sevenoaks are not what you requested or they were damaged in some way whilst being delivered or are not of satisfactory quality you must advise Express Factors Sevenoaks of this as soon as possible (and in any event within 24 hours of receiving the goods) after receiving the goods by either email firstname.lastname@example.org or telephoning 01732 46 45 46.
5.4 If you wish to exercise your rights under paragraph 5.3, please follow Express Factors Sevenoaks ‘Returns of Goods’ policy. At Express Factors Sevenoaks`s discretion Express Factors Sevenoaks will either (a) dispatch the correct goods or a replacement to you; or (b) refund you the purchase price.
5.5 If you do not notify Express Factors Sevenoaks promptly under paragraph 5.4 and return the goods then Express Factors Sevenoaks will not replace, cancel or refund the goods.
5.6 If you wish to make a complaint about Express Factors Sevenoaks’s service, please contact Express Factors Sevenoaks in writing, by email or by telephone as set out in the Contact Us section.
PLEASE READ THIS CLAUSE CAREFULLY
6.1 The information on this web site is provided on the basis that no liability is accepted for the information given.
6.2 In no event shall Express Factors Sevenoaks be liable to you for any direct, indirect or consequential loss, loss of profit, revenue or good will arising from your use of the web site or any information on the web site. Subject as provided below, all terms implied by law are excluded.
6.3 The information on the web site is not intended to address your specific requirements. Such information is to be used only as a reference aid and does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. You should take your own advice.
6.4 Express Factors Sevenoaks shall have no liability to pay any money to you by way of compensation other than any refund Express Factors Sevenoaks make under these conditions. Express Factors Sevenoaks liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will Express Factors Sevenoaks be responsible to you for any other loss which is not a foreseeable consequence of Express Factors Sevenoaks being in breach of these Terms and Conditions or its legal duties.
6.5 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude Express Factors Sevenoaks liability to you for fraudulent misrepresentation or for death or personal injury resulting from Express Factors Sevenoaks negligence or for any other liability which cannot under English law be excluded by law.
6.6 Goods are intended for use in the UK only and Express Factors Sevenoaks cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
The content of all the pages of the web site is protected by copyright and possibly other rights. You may print or download extracts from, or whole pages, for your personal use only if you retain any copyright or other notice in/on all such printouts or downloads. This licence to print / copy does not permit incorporation of the material, or any part of it, in any other work or publication.
8. Age Requirement for Specific Goods
Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. Express Factors Sevenoaks reserves the right to cancel your order if Express Factors Sevenoaks reasonably believe you are not legally entitled to order certain goods.
Express Factors Sevenoaks may suspend further supply or delivery, stop any goods in transit or terminate its contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to Express Factors Sevenoaks becomes immediately due and payable and Express Factors Sevenoaks shall be under no further obligation to supply goods to you.
10. Force Majeure
Express Factors Sevenoaks shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
11. Disposal of Electrical and Electronic Equipment
The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from Express Factors Sevenoaks will be your responsibility. Further information on the environmental impact of WEEE and the WEEE Regulations can be found on https://www.gov.uk/guidance/collecting-used-and-waste-electrical-and-electronic-equipment
It is important that a qualified person fits the goods and if this is not the case then the warranty may be invalid.
12.1 Express Factors Sevenoaks will, free of charge within a period of 6 months from the date of dispatch of the goods, which are proved to be defective due to defects in material or workmanship repair or at its option, replace or credit the invoice value of such goods. For some goods the warranty terms are either extended or qualified. Details of any variations will be notified to you at the time of purchase of the particular goods.
12.2 Express Factors Sevenoaks obligations in Condition 12.1 above will not apply where the goods have been altered or subjected to misuse or unauthorised repair or modification or improperly installed or connected (unless carried out by us) and where:
12.2.1 any maintenance requirements relating to the goods have not been complied with or the goods, or any vehicle to which it has been fitted, has been used for competition, racing or record attempts;
12.2.2 you have failed to notify Express Factors Sevenoaks in writing of any defect or suspected defect within 14 (fourteen) days of the same coming to your attention and have failed to return the goods in accordance with the returns policy
12.2.3 the goods have been abused in any way or damaged by neglect, accident or improper use or fitting or any instructions as to storage of the goods have not been complied with.
12.3 Any goods replaced will belong to Express Factors Sevenoaks. Any repaired or replaced goods will have the benefit of the terms set out in Condition 12.1 for the unexpired portion of the 12 month period from the original date of delivery or performance.
12.4 Express Factors Sevenoaks will have no liability for any warranty claim if you have not followed the claims procedure.
12.5 Nothing in this warranty shall make Express Factors Sevenoaks liable for labour, towing, recovery or redelivery charges and we shall not be liable for any consequential losses upon the failure of any goods.
12.6 The terms set out in this Condition 12 is in addition to, and does not detract from your statutory rights as a consumer.
12.7 Except as set out in these Terms and Conditions, the Supplier hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations express (other than those set out in these Terms) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist.
13. Exchange Unit Surcharges
Where exchange units are purchased, you will be invoiced for the “surcharge” which is in respect of the old unit that you return to Express Factors Sevenoaks. Provided that the old unit is returned within 7 days from delivery date a refund will be issued in respect of the surcharge.
14.1 If any provision set out in these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, void-ness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and Conditions and the remainder of such provision shall continue in full force and effect.
14.2 Failure or delay by Express Factors Sevenoaks in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any of its rights.
14.3 Any waiver by Express Factors Sevenoaks of any breach of, or any default under, any provision of these Terms by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these Terms and Conditions.
14.4 Only you and Express Factors Sevenoaks have any rights under this Contract. No other person shall have any rights under this Contract.
14.5 Express Factors Sevenoaks may transfer the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected. You may only transfer the Contract with our prior written consent which we shall not unreasonably withhold.
14.6 The formation, existence, construction, performance, validity and all aspects of these Terms and Conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.