Terms and Conditions
Sharps
Pixley - Terms and Conditions
The
terms and conditions contained in this document are those under which
Sharps Pixley (we) supply any of the products advertised from time to
time or listed at our website and ordered by you (Products). Please
read the terms and conditions carefully as they will form the basis
of our contract with you. You should retain a copy of these terms and
conditions for future reference. We are committed to providing total
quality service and high quality products.
1.0
ABOUT US
1.1
The following information is required by the Electronic Commerce (EC
Directive) Regulations 2002. This website is owned and operated by
Sharps Pixley Limited whose UK company registration number is
06629106 and whose registered offices are at : SHARPS PIXLEY LIMITED,
CAMBRIDGE HOUSE, 16 HIGH STREET, SAFFRON WALDEN, ESSEX, UNITED
KINGDOM CB10 1AX.
1.2
Our email address is
info@sharpspixley.com
and our VAT registration number is GB 113 9128 35.
1.3
Use of the site indicates that you have both read and accepted the
terms and conditions as stated below.
1.4
Please check periodically for changes.NOTHING
IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.
2.0
SUPPLY
2.1
We reserve the right to refuse to supply any individual or company.
2.2
We may change, suspend or discontinue www.sharpspixley.com or the
provision of products under the www.sharpspixley.com website at any
time.
2.3
You are responsible for obtaining and maintaining any equipment or
ancillary services required to connect to, access or otherwise use
the website, including, without limitation, modems, hardware,
software, and long distance or local telephone services.
3.0
YOUR STATUS
By
placing an order you warrant that:
3.1
You are legally capable of entering into binding contracts; and
3.2
You are at least 18 years old and you have a UK or EU domiciled bank
account.
3.3
In completing our registration procedure, you
will need to provide us with personal details needed to process your
order.
3.4
You will provide information to us as requested in accordance with
anti-money laundering and KYC (Know Your Client) regulations.
3.5
Information provided to us during the account signup procedure must
be accurate and complete. Should there be any changes to your
personal information, we require immediate notification by e-mail to
info@sharpspixley.com or
in writing.
4.0
THE CONTRACT BETWEEN US
4.1
Sharps Pixley uses a live pricing system provided by Xignite.com; all
prices quoted on the site are subject to market change. When you
confirm your order through our website, you are contractually
obligated to complete the sale.
4.1
After placing an order via the website, you will receive an automated
email from us acknowledging that we have received your order
('Acknowledgment'). This does not mean that your order has been
accepted.
4.2
Your order constitutes an offer by you to us to buy a Product. We
will confirm acceptance of your order by sending you further
correspondence that confirms that the Product has been or shall be
shortly despatched (the 'Despatch Confirmation'). The contract
between us ('Contract') will only be formed when we send you the
Despatch Confirmation, not when we send you the Acknowledgment.
4.3
The Contract will relate only to those Products whose dispatch we
have confirmed in the Despatch Confirmation. We will not be obliged
to supply any other Products, which may have been part of your order
until dispatch of such Products has been confirmed in a separate
Despatch Confirmation. For the avoidance of doubt, the Despatch
Confirmation will be sent to the address for the delivery of the
order unless otherwise directed by you. You may request the Despatch
Confirmation to be sent to you via email provided that you provide to
us a valid email address at the time of order.
5.0
AVAILABILITY & DELIVERY
5.1
All Products are subject to availability and may be withdrawn at any
time prior to us sending you a Despatch Confirmation in respect of
Products already ordered.
5.2
Delivery will be made to the address specified by you when you place
your Order. We cannot deliver to P.O Box addresses.
5.2
We will endeavour to deliver within 5 working days of the date of
your order or the advertised delivery date, unless there are
exceptional circumstances. If we are unable to deliver your order
within 5 working days we will notify you by e-mail of the delay.
5.3
The Delivery fee applicable to your specific
order will be set out clearly in the checkout process.
5.4
Ownership of the Products you Order on the Website shall pass to you
on delivery provided that we have received the full value for such
Products.
5.5
It is up to the buyer to ensure that they are present at the address
for the delivery and to sign for the goods in person. Claims arising
from packages being signed for by an individual unknown to the buyer
or other circumstances involving any other third party at the
delivery address are at the buyers’ risk.
6.
RISK & TITLE
6.1
The Products will be at your risk from the time of receipt by you.
Ownership of the Products will only pass to you when we receive full
payment of all sums due in respect of any and all Products ordered by
you from us:
a)
which have been delivered; or
b)
in respect of which a Despatch Confirmation has been issued to you.
7.0
PRICE & PAYMENT
7.1.
The prices which you must pay for the Products that you Order are set
out on the Website at the time you place your order, except where we
discover an error in the price of the Products you have ordered. In
this event, we will inform you as soon as possible after receiving
your Order and give you the option of reconfirming your Order at the
correct price or cancelling it. If we are unable to contact you we
will treat the Order as cancelled.
7.2. We will delay despatch
until receipt of cleared funds.
7.3
Sharps Pixley will accept payment via
bank transfer only. No requests for Letters of Credit, payment upon
delivery, payment via cheque or any other payment methods will be
entertained due to the high value and nature of the products being
sold.
8.0
ORDER & ACCEPTANCE
8.1
You may place Orders either (i) using
the online process for ordering Products via the Website; or (ii) by
calling our Customer Services by telephone on 0207 871 0531.
8.2
When you place an Order with us, we need to obtain various details
from you so that we can process your Order. You must ensure that the
details which you provide each time you place an Order are correct
and complete.
8.3 Once you have placed an Order to purchase a
product from the Website you will receive an e-mail regarding the
status of your order.
8.4
Your Order is an offer to purchase Products from us, which is subject
to our acceptance in accordance with these Terms. Our acceptance of
your Order and the completion of the contract between you and us will
take place upon despatch to you of the Products ordered.
8.5
Therefore all Orders are subject to verification, us receiving
payment and also stock availability.
8.6 If the Products ordered
are not available, you will be notified by our Customer Services
department using the contact details you have provided and you will
have the option either to (i) wait until the Products are available
from stock; or (ii) cancel your Order.
8.0
CANCELLATION
8.1
You
may cancel your Order at any time prior to despatch by calling our
Customer Help Line on (0207 871
0531)
or by emailing us on
info@sharpspixley.com
within 24 hours of the order being accepted. A cancellation fee of
£30 and a fee based on any adverse movement of the underlying metal
price may apply.
8.2
We reserve the right to cancel any order at our sole discretion.
8.3 The right for the buyer to cancel under the Distance
Selling regulations (where applicable) does NOT apply because the
goods we supply are dependent on fluctuations in the financial market
and are therefore exempt from the right to cancel.
9.0
LIABILITY
9.1
Sharps Pixley warrants that it will provide the Products with
reasonable skill and care, within a reasonable time, and
substantially as described in these Terms. Sharps Pixley does not
make any other promises or warranties about the provision of the
Products.
9.1
Use
of
www.sharpspixley.com
is at your sole risk. The contents of
www.sharpspixley.com
and any goods or services that you acquire from
www.sharpspixley.com
are provided to you as is without any warranties included, expressed
or implied. We disclaim all warranties, including any warranties of
merchantability, non-infringement and use for particular purpose. In
particular, we make no warranty that the content of the website is
error-free and timely with all updates.
9.2
Sharps Pixley will not be liable for any viruses or any other
disabling features that affect your access to or use of the Website,
nor any incompatibility between the Website and other websites,
services, software and hardware, nor any delays or failures you may
experience in initiating, conducting or completing any transmissions
or transactions in connection with the Website
9.3
We will not be liable for damages of any kind, including those
resulting from the inability to use
www.sharpspixley.com,
from goods or services acquired from
www.sharpspixley.com
or from any content posted on
www.sharpspixley.com
by us or anyone else. We will not be liable for any indirect,
incidental, consequential, special or punitive damages of any kind,
including, but not limited to, damages for loss of profits, use, data
or other intangibles, even if we have been advised of such
possibility of damages.
9.4
If either you or we are in breach of the arrangements under these
Terms, neither of us will be responsible for any losses that the
other suffers as a result, except those which are a foreseeable
consequence of the breach. Losses are foreseeable where they could be
contemplated by both you and us at the time you place an Order.
10.0
Privacy
10.1
We keep the details you provide confidential and will use them to
administer your order which may also include checking your details
with any credit reference agency and to other persons for credit
vetting, fraud prevention or debt collection purposes. From time to
time we may keep you informed of information about other products and
services that may be of interest to you. If you do not wish to
receive information about other products and services that may be of
interest to you, please let us know by e-mailing
info@sharpspixley.com
or writing to SHARPS
PIXLEY LIMITED, CAMBRIDGE
HOUSE, 16 HIGH STREET, SAFFRON WALDEN, ESSEX, UNITED KINGDOM CB10
1AX.
10.2
We are registered with Information
Commissioner's Office, Registration number XXXXXXXX.
All information provided by you will be treated securely and strictly
in accordance with the Data Protection Act 1998.
10.3
Your email address is essential in order for us to be able to supply
you with important information such as order confirmations and
changes to the service. By registering with sharpspixley.com, you
accept that your email address may be used to supply you with such
information.
11.0
INTELLECTUAL PROPERTY RIGHTS
11.1
The content of the Website is protected by copyright, trade mark,
database and other intellectual property rights. You may retrieve and
display the content of the Website on a computer screen, store such
content in electronic form on disk (but not any server or other
storage device connected to a network) or print one copy of such
content for your own personal, non-commercial use, provided you keep
intact all and any copyright and proprietary notices. You may not
otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Website without
written permission from Sharps Pixley.
11.2 No licence is
granted to you in these Terms to use any trade mark of Sharps Pixley.
or its affiliated companies.
12.0
GENERAL
12.1
You may not assign the Contract or any part of it without our prior
written consent.
12.2
Subject to clause 10.2, we will have no liability to you under these
terms if we are prevented from, or delayed in, performing our
obligations under these terms by anything outside our reasonable
control including, but not limited to, strikes, lock-outs or other
industrial action, civil commotion, riot, invasion, terrorist attack
or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war, fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster,
impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport,
impossibility of the use of public or private telecommunications
networks or the acts, decrees, legislation, regulations or
restrictions of any government.
12.3
Failure or delay by us in enforcing or partially enforcing any
provision of the Contract shall not be construed as a waiver of our
rights under the Contract.
12.4
If any provision of these terms is found by any court or
administrative body of competent jurisdiction to be invalid,
unenforceable or illegal, the other provisions shall remain in force.
12.5
These terms and conditions represent the entire agreement between you
and us in relation to the subject matter of any Contract.
12.6
A person who is not a party to this Contract shall not have any
rights under or in connection with it by virtue of the Contracts
(Rights of Third Parties) Act 1999.
12.7
We have the right to revise and amend these terms and conditions from
time to time by posting revised terms and conditions on the website.
The revised terms and conditions will apply in respect of any order
for Products made 24 hours or more after we have posted them on our
website. If you do not agree to our revised terms and conditions as
posted on our website, please do not order Products from us.
12.8
This Contract will be governed by the laws of England and Wales. We
will try to solve any disagreements quickly and efficiently. If you
are not happy with the way we deal with any disagreement and you want
to take court proceedings, you must do so within the United Kingdom.