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www.abell.co.uk – Online Terms of Sale

1. Conditions Applicable

  1. 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.
  2. 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.
  3. 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, by its Managing Director or some other person authorized in writing by him.
  4. 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.
  5. 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.

2. Images

  1. 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.
  2. Pictures are for illustrative purpose only, and may not exactly match the product itself.
  3. 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.
  4. 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.

3. Price

  1. Prices are correct at time of publication.
  2. All prices include VAT.
  3. A Bell & Company Ltd reserves the right to change any advertised prices at any time.
  4. Errors and omissions are exempted.
  5. All prices are in Great British Pounds Sterling.
  6. Delivery charges will apply to all orders and will vary dependant on order quantity and type of product. Always check with us to confirm correct charges apply. Orders over £1000 will be subject to free delivery unless otherwise stated.

4. Offer and Acceptance

  1. 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.
  2. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
  3. Where the Buyer accepted any Products then A Bell & Company Ltd shall have no liability whatever to the Buyer in respect of those Products.
  4. To order goods you must be least 18 years of age.

5. Supply of goods

  1. The Buyer is solely responsible for ensuring that the Products are suitable and fit for the purpose.
  2. A Bell & Company Ltd reserves the right to refuse the supply of goods at its discretion.

6. Payment

  1. All orders must be paid for in full at the time they are placed.
  2. A Bell & Company Ltd accept on-line payment with most major credit and debit cards, including Visa, MasterCard, Delta, and Maestro. No charge is made to a consumer for credit card payments. We do not currently accept American Express.

7. Availability

  1. 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.
  2. 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.
  3. If a suitable substitute is not available, the transaction for that item will be void and any payment will be returned.
  4. 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.
  5. A Bell & Company Ltd will not be held responsible for any costs incurred due to items being delayed or unavailable.

8. Force Majeure

  1. 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.
  2. 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.

9. Cancellation of orders*

  1. Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website at any time before the goods are dispatched or within 7 days of receiving your goods. Cancellations within this period qualify for a full refund, excluding cost of return postage if applicable, providing you take reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a consumer.
  2. If you wish to cancel your order at any time later than the 7 days following receipt of your goods there will be a restocking charge of 20%. To receive any refund you must return the goods to us within 28 days of delivery.
  3. You are welcome to return any items using your own courier or, alternatively, we can offer a collection and return service; the cost for return transport will be quoted on request.
  4. The company reserves the right of discretion, to accept or refuse the return of any goods supplied and to require a restocking charge. It is the Customer’s responsibility to ensure that all goods returned are properly packaged and returned in mint condition. Damaged or incomplete goods will not be accepted for credit unless a prior agreement is made with the Company.
  5. If, upon receipt and examination of returned goods, the Company finds there is a discrepancy in the Customer’s stated reason for returning the goods, the Company reserves the right to charge in full for the goods in question.
  6. If a refund is approved, we will refund your payment within 14 days of the goods being returned.
  7. If you would like to cancel your order, please email or write to us at the address provided.
  8. *Restrictions – we are unable to offer a refund or exchange on, food items, toiletries, cosmetics and bespoke items.

10. Delivery

  1. A Bell & Company Ltd endeavour to deliver within 10 working days from receipt of your order. All deliveries are subject to payment authorisation.
  2. All goods must be signed for by an adult aged 18 years or over on delivery and must indicate the condition of goods.
  3. Delivery of palletised goods will be made to kerbside and the placement of your products is at the discretion of the delivery driver. If you are unsure about whether or not your order will be palletised please contact the team on 01604 777504 to discuss.
  4. If the Company attempts to make a delivery at the agreed date/time and no one is present at the premises to enable the delivery to take place, then a repeat delivery charge shall be levied for any additional journey necessary.
  5. The Company reserves the right not to deliver or collect any goods over roads or ground which at the discretion of the Company, is considered to be unsuitable.
  6. For delivery charges please see our Delivery & Returns section.

11. If goods are delivered damaged or faulty

  1. 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.
  2. 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.
  3. 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.
  4. 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.

12. Title and Risk

  1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery
  2. 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.

13. Privacy and Security

  1. 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.
  2. 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.

14. Use of our site

  1. 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.
  2. 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.

15. Governing law and Jurisdiction

  1. 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.

16. Representations

  1. 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.

17. Consequential Loss

  1. 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.

18. Warranties and Liability

  1. 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
  2. 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.

19. Links

  1. 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.
  2. 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.

20. After Sales Care

  1. 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.

21. Data Protection

  1. 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.

22. General

  1. 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.
  2. 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.

A Bell & Company Ltd – Store Terms of Sale

1. CONSTRUCTION

  1. “the Company” shall mean A Bell and Company Limited.
  2. “the Customer” shall mean any person or corporation to whom goods are agreed to be sold by the Company.
  3. “the Price” shall mean the amount of the quotation plus delivery if charged additionally and VAT.

2. GENERAL

  1. These terms shall apply to all business undertaken by the Company to the exclusion of any other terms sought to be imposed by the customer and will remain in force to cover all future store based orders unless revised terms of sales are subsequently issued.
  2. No employees or agent of the Company has authority to give any representation or warranty whatsoever relating to goods sold by the Company, or to agree to any variation of or addition to these terms unless such representation warranty variation or addition is in writing and signed on behalf of the Company by a director.

3. PROPOSAL

  1. Proposals constitute an invitation to treat and not an offer.
  2. Unless otherwise stated, proposals include the cost of delivery on normal working days and during normal working hours. Deliveries made other than on normal working days during normal working hours will be subject to additional charges.
  3. VAT will be added to the proposals at the rate in force at the appropriate tax point.

4. ORDER

  1. Orders will not be binding until confirmed in writing by the Company, a deposit is placed by the Customer and a copy of the Proposal and Terms of Sale is countersigned by the customer as accepting both. The Company will allow the Customer two days from receipt of the countersigned proposal to reconsider their decision before the sale becomes binding.
  2. Amendments requested by the customer to products/services after the sale becomes binding, resulting in additional costs, are to be charged and paid for in full prior to the amendment being accepted by the company.
  3. The Company reserves the right to require a deposit (up to 50% of the price) on acceptance of the proposal.
  4. Cancellation of an order by the Customer after acceptance by the Company shall entitle the Company (without prejudice to any other right or remedy it may have) to retain any deposit paid and to recover from the customer the amount of any costs, expenses and liabilities incurred by the Company arising out of the cancellation of the order.
  5. All bespoke items identified are to be paid for in full when accepting the proposal, the balance of order will be covered by a deposit, per note 4(c) above.

5. PRICE

  1. Proposal prices will remain firm for a period of 28 days. Following such period the Company shall be entitled to review the costs prevailing at the time of the proposal and the Company shall be entitled to increase the price if the customer has not by this time accepted the proposal.
  2. The proposal price is based on prices applicable to the quantities specified and in the event of an order being placed for a lesser quantity than that quoted for, the Company shall be entitled to adjust the price of the goods as ordered to take account of the variation in quantity, effectively increasing the unit rate.
  3. The Company reserves the right to alter the price at any stage in the event of a clerical error having led to the proposal and/or acceptance of the incorrect price.

6. DELIVERY

  1. The Company will make every effort to deliver goods on the date specified. The date and time of delivery is an estimate given in good faith. If the Company subsequently learns that the estimate is inaccurate, it will inform the customer using the contact details given.
  2. If the Company attempts to make a delivery at the agreed date/time and no one is present at the premises to enable the delivery to take place, then a repeat delivery charge of £40.00 shall be levied for any additional journey necessary.
  3. Any delivery date shall automatically be extended by any period of delay caused by circumstances beyond the Company’s control including but not limited to strikes, non-delivery by suppliers and shortage of materials. The Company shall not be liable for delay in delivery or for any loss or damage whether directly or indirectly caused.
  4. The customer must ensure that access is suitable for the delivery of goods. For “Supply Only” goods, the Company will only take responsibility for the goods to the customer’s front door. From this point, the Customer will take responsibility of the goods. The delivery staff will however offer reason assistance where possible to deliver the goods to the customer’s requested position.
  5. The Company reserves the right not to deliver or collect any goods over roads or ground which at the discretion of the Company, is considered to be unsuitable.
  6. Delivery shall be deemed to have taken place on the day when the customer, or representative, takes possession of the goods.
  7. g) If goods remain in the Company’s warehouse for longer than three months, during which time the customer fails to accept delivery, the Company will charge £25.00 per week storage charge. The Company will not accept any liability for damage to customer’s goods stored in the warehouse.

7. INSPECTION

  1. 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. On the expiration of 3 days the customer shall be deemed to have accepted the goods.

8. PAYMENT

  1. Customer’s that don’t have a trade account facility will need to pay on the following terms, unless variation in writing is signed on behalf of the company by a director:-
  2. i. Pay for “Supply Only” goods in full prior to delivery/collection.
    ii. Following initial deposit, make further payment(s), prior to delivery, bringing total payments to an equivalent 90% of the agreed price.

  3. Unless a sale is for cash, or other credit terms have been expressly agreed, all accounts are due for payment within 21 days of delivery or substantial completion of installation.
  4. Payment by cheque shall be deemed to be made only when the cheque has been cleared.
  5. Second payments made by a Credit Card / American Express will be subject to a 1%/2% finance charge, respectfully
  6. Late payments shall be subject to interest at 8% above Lloyds Bank base rate at time in force.
  7. In the case of non-payment of any account when due, or in the case of any default or refusal on the part of the customer to take delivery of any goods, or in the case of death, incapacity, bankruptcy or insolvency of the customer, or if the customer is a limited company in the case of liquidation or the appointment of a receiver, then the price of all goods and/or work invoiced and/or delivered by the Company to the customer to date shall immediately become due and payable from the customer to the Company and the Company shall have the right to cancel every contract made with the customer or to suspend delivery of goods at the Company’s option without prejudice to the Company’s right to recover any loss sustained.

9. TITLE AND RISK

  1. The risk in the goods will pass to the customer on delivery.
  2. The property in the goods shall not pass to the customer until they have been paid for in full.
  3. Non-payment of any sum due to the Company shall entitle the Company to repossess any goods which remain the property of the Company.

10. DEFECTIVE GOODS

The Company warrants that it will in its absolute discretion repair or replace free of charge or in its absolute discretion refund the purchase price of goods supplied if the Company is satisfied that the goods were defective in material or workmanship upon delivery and provided notice of the defect is given to the Company within three days of delivery in accordance with clause 7 of these terms.
The above obligation is undertaken provided the goods are returned to the Company’s premises at the customer’s expense and further provided that the Company accept no liability for the cost of taking out, re-fixing or making good other materials.

11. SAMPLES

  1. Descriptions and illustrations provided by the Company in catalogues, brochures and/or trade literature and samples are for general guidance only. The Company shall not be liable for any variation in colour, size, quality, thickness, shape, substance or performance of goods sold by reference to description and/or sample.

12. INTELLECTUAL PROPERTY

  1. All drawings produced by the Company will remain the property of the Company until completion of the installation and or delivery of the goods. Drawings may not be used or reproduced by a third party in order to provide a competitive service.

13. DATA PROTECTION

  1. The Company 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.

14. GUARANTEE

  1. Where the Companies Installation Service has been used, the Company will guarantee all work carried out for a period of two years from completion of the installation provided that no alterations or mistreatment has been made by the customer or third party. Manufacturer’s warranty applies to all goods supplied.

15. AFTER SALE CARE

  1. 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.

16. RETURNS

  1. The company reserves the right of discretion, to accept/or refuse the return of any goods supplied and to make a restocking charge. It is the Customer’s responsibility to ensure that all goods are returned in the original packaging and in re-salable condition. Damaged or incomplete goods will not be accepted for credit unless a prior agreement is made with the Company. If upon receipt and examination of returned goods, the Company finds there is a discrepancy in the Customer’s stated reason for returning the goods, the Company reserves the right to charge in full for the goods in question.

17. STATUTORY RIGHTS

Nothing contained in the above terms shall affect the statutory rights of any consumer.