BEST FOR BALLS LIMITED
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE
PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS
AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale
apply to all goods supplied by Best for Balls
Limited, whose registered office is at Greys Green
Golf Course, Dog Lane, Peppard, Henley-on-Thames,
Oxon RG9 5JU registered in England and Wales No.
5619864 (the "Supplier").
1.2 No contract exists
between you and the Supplier for the sale of any
goods until the Supplier has received and accepted
your order.
1.3 An acceptance of your
offer to buy the goods will be sent shortly after
your order. However, we do have the right to
terminate the contract in the event that the goods
are unavailable, mis-priced or cleared funds are not
received.
1.4 The contract is
subject to your right of cancellation (see below).
1.5 The Supplier may
change these terms of sale without notice to you in
relation to future sales.
2. Description and price of the
goods
2.1 The description and
price of the goods you order will be as shown on the
Supplierīs website at the time you place your order.
2.2 The goods are subject
to availability. If on receipt of your order the
goods you have ordered are not available in stock we
will not accept your order. If after acceptance or
job order the Supplier discovers within [14 days] of
our acceptance of your order that the goods are
unavailable we may terminate the contract and refund
or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.3 Every effort is made
to ensure that prices shown on the Supplierīs
website are accurate at the time you place your
order. If an error is found within 14 days of
accepting your order, the Supplier will inform you
as soon as possible and offer you the option of
reconfirming your order at the correct price, or
cancelling your order. If the Supplier does not
receive an order confirmation within 14 days of
informing you of the error, the order will be
cancelled automatically. If you cancel the order, or
if the order is cancelled automatically due to the
expiry of the 14 day period, the Supplier will
refund or re-credit you for any sum that has been
paid by you or debited from your credit card for the
goods.
2.4 In addition to the
price, you may be required to pay a delivery charge
for the goods.
3. Payment
3.1 Payment for the goods
and delivery charges can be made by any method shown
on the Supplierīs website at the time you place your
order. Payment shall be due before the delivery date
and time for payment shall be a fundamental term of
this agreement, breach of which shall entitle the
Supplier to terminate the contract immediately.
3.2 There will be no
delivery until cleared funds are received.
3.3 Payments shall be
made by you without any deduction whatsoever unless
you have a valid court order requiring an amount
equal to such deduction to be paid by the Supplier
to you.
4. Delivery
4.1 The goods you order
will be delivered to the address you give when you
place your order, except that some deliveries are
not made outside the United Kingdom.
4.2 Orders placed before
9.00 am on a working day will be processed that day
and will be delivered as per the requested delivery
option provided no additional security checks are
required and all stock items are available. (A
working day is any day other than weekends and bank
or other public holidays.)
4.3 If delivery cannot be
made to your address for reasons under the
Supplierīs control the Supplier will inform you as
soon as possible.
4.4 If you deliberately
fail to take delivery of the goods (otherwise than
by reason of circumstances under control of the
Supplier) then without prejudice to any other right
or remedy available to the Supplier , the Supplier
may:
4.4.1 store the goods
until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
4.4.2 sell the goods
at the best readily obtainable price and (after
deducting all reasonable storage and selling
expenses) account to you for any excess over the
price you agreed to pay for the goods or charge you
for any shortfall below the price you agreed to pay
for the goods.
4.5 If you fail to take delivery because you
have cancelled your contract under the Distance
Selling Regulations the Supplier shall refund or
re-credit you within 30 days for any sum that has
been paid by you or debited from your credit card
for the goods. On exercising your right to cancel
you shall be required to return the goods to the
Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct
costs incurred by the Supplier in retrieving the
goods as a result of such failure.
4.6 Every effort will be
made to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier
will not be liable for any loss or damage suffered
by you through reasonable or unavoidable delay in
delivery. In this case, the Supplier will inform you
as soon as possible.
4.7 Upon receipt of your
order you will be asked to sign for the goods
received in good condition. If the package does not
appear to be in good condition then please refuse
the delivery. If you are unable to check the
contents of your delivery at the point of delivery
then please sign for the parcel as "UNCHECKED".
Failure to do so may affect any warranty claims that
you make thereafter.
5 Risk/Title
5.1 The golf
balls and goods are at your risk from the time of delivery.
5.2 Ownership of the
goods shall not pass to you until the Supplier has
received in full (in cash or cleared funds) all sums
due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which
become due to the Supplier from you on any account.
5.3 The Supplier shall be
entitled to recover payment for the goods even
though ownership of any of the goods has not passed
from the Supplier.
6. Title for Business Customers
6.1 If you are a business
customer until ownership of the goods has passed to
you, you must:
6.1.1 store the goods
(at no cost to the Supplier) separately from all
your other goods and goods of any third party in
such a way that they remain readily identifiable as
the Supplierīs property;
6.1.2 not destroy,
deface or obscure any identifying mark or packaging
on or relating to the goods; maintain the goods in
satisfactory condition and keep them insured on the
Supplierīs behalf for their full price against all
risks to the reasonable satisfaction of the
Supplier. On request you shall produce the policy of
insurance to the Supplier; and
6.1.3 hold the
proceeds of the insurance referred to in condition
6.1.2 on trust for the Supplier and not mix them
with any other money, nor pay the proceeds into an
overdrawn bank account.
6.2 If you are a business
customer your right to possession of the goods shall
terminate immediately if:
6.2.1 you have a
bankruptcy order made against you or make an
arrangement or composition with your creditors, or
otherwise take the benefit of any statutory
provision for the time being in force for the relief
of insolvent debtors, or (being a body corporate)
convene a meeting of creditors (whether formal or
informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent voluntary
liquidation for the purpose only of reconstruction
or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed
of its undertaking or any part thereof, or a
resolution is passed or a petition presented to any
court for your winding up or for the granting of an
administration order in respect of you, or any
proceedings are commenced relating to your
insolvency or possible insolvency; or
6.2.2 you suffer or
allow any execution, whether legal or equitable, to
be levied on your property or obtained against you
or you are unable to pay your debts within the
meaning of section 123 of the Insolvency Act 1986 or
you cease to trade; or
6.2.3 you encumber or in
any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to
cancel the contract at any time up to 10 days after
you receive the goods (see below). Please note that
this policy has some limitations and does not apply
to business customers.
7.2 To exercise
your right of cancellation, you must give written
notice to the Supplier by hand, post or the contact
us section of our website, giving details of the
goods ordered and (where appropriate) their
delivery. Notification by phone is not sufficient.
7.3 Except in the case of
faulty or misdescribed goods, if you exercise your
right of cancellation after the goods have been
delivered to you, you will be responsible for
returning the goods to the Supplier at your own
cost. The goods must be returned to the address
shown within the Returns on Line section of the
website. You must take reasonable care to ensure the
goods are not damaged in the meantime or in transit.
In the case of faulty or misdescribed goods we
shall, after receiving notification in accordance
with clause 8.3 or 8.4, either collect the goods
from you or ask you to return the goods yourself and
possibly refund you the reasonable postage costs.
7.4 Once you have
notified the Supplier that you are cancelling the
contract, the Supplier will refund or re-credit you
within 30 days for any sum that has been paid by you
or debited from your credit card for the goods.
7.5 Except in the case of
faulty or misdescribed goods, if you do not return
the goods as required, the Supplier may charge you a
sum not exceeding the direct costs of recovering the
goods.
7.6 You do not have the
right to cancel the contract if the order is for
computer software which has been unsealed by you, or
for consumable goods which, by their nature, cannot
be returned, save where a fault is discovered which
could not have been discovered otherwise than by
unsealing the goods.
8. Warranty
8.1 All goods supplied by
the Supplier are warranted free from defects for 12
months from the date of supply (unless otherwise
stated). This warranty does not affect your
statutory rights as a consumer.
8.2 This warranty does
not apply to any defect in the goods arising from
fair wear and tear, wilful damage, accident,
negligence by you or any third party, use otherwise
than as recommended by the Supplier, failure to
follow the Supplierīs instructions, or any
alteration or repair carried out without the
Supplierīs approval.
8.3 If the goods
supplied to you are damaged on delivery, you should
notify the Supplier in writing via the contact us
section of the website within 7 working days.
(Please note that this is 48hrs for our business
customers)
8.4 If the goods
supplied to you develop a defect while under
warranty or you have any other complaint about the
goods, you should notify the Supplier in writing via
the contact us section of the website, as soon as
possible, but in any event within 14 days of the
date you discovered or ought to have discovered the
damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below,
if you are a consumer the Supplier shall not be
liable to you for any loss or damage in
circumstances where:
9.1.1 there is no
breach of a legal duty owed to you by the Supplier
or by its employees or agents;
9.1.2 such loss or
damage is not a reasonably foreseeable result of any
such breach;
9.1.3 any increase in
loss or damage resulting from breach by you of any
term of this contract.
9.2 Nothing in these
conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the
Supplierīs negligence or fraudulent
misrepresentation.
9.3 If you are a business
customer the Supplier shall not be liable to you for
any indirect or consequential loss or damage
(whether for loss of profit, loss of business,
depletion of goodwill or otherwise), costs, expenses
or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or
in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to
keep the details of your order and payment secure
but unless the Supplier is negligent, the Supplier
will not be liable for unauthorised access to
information supplied by you.
11. Images
Product images are for illustrative purposes only
and may differ from the actual product.
These terms of sale and the supply of the goods will
be subject to English law and the English courts
will have jurisdiction in respect of any dispute
arising from the contract, save that consumers
resident in Scotland shall have the right to insist
upon these terms being construed in accordance with
the laws of Scotland and to submit to the
jurisdiction of Scottish courts.
Best for Balls Limited
Unit 18,
Vanalloys Business Park,
Stoke Row,
Oxfordshire. RG9 5QW
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