Sale Terms and Conditions
World of Survival Distribution
Email.info@worldofsurvival.com
1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1 “Buyer” means the person who buys Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller:
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 “Seller” means World of Survival Distribution;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. GENERAL
2.1 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.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to the Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 The contract is subject to the Buyer’s right of cancellation (below clause 6) save as regards special items/orders (i.e where goods supplied are not according to the Seller’s current website or standard items specifications but have been supplied or manufactured according to the Buyer’s own special request and/or specific requirements) where there is no right of cancellation.
2.6 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated on the Seller’s website/as contained in the Seller’s Quotation (as applicable) at the date of the order or as agreed between the parties. The price is inclusive, where applicable of VAT and exclusive of any delivery charges, if any. The Seller is entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products stated are wrong. (b) The prices quoted are recommended prices, Prices are correct at the time of going to press.
3.2 In addition to the price the Buyer will be required to pay a delivery fee, if any, for the goods supplied, as shown on the Seller’s website/as contained in the Seller’s Quotation (as applicable) about delivery.
3.3 Payment of the total purchase price (including Vat, where applicable and any delivery charges) must be made in full before dispatch of the Goods or as Cash on Delivery if agreed by the Seller.
4. DELIVERY
4.1 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.
4.2 The Seller will endeavour to ship all orders with 48 working hours (2 working days) of the order being placed. Products are subject to availability and delays may sometimes occur that are outside the Sellers control. Any dates specified for delivery are therefore approximate only. All Goods, wherever possible, will be delivered within 21 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 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.
4.4 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 4.2, 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.
4.5 Note on Failed Delivery Attempts: Ordinarily, goods are delivered during normal working hours (9 am - 5 pm). If the Buyer provides a delivery address, to which the goods cannot be delivered during normal working hours, then the goods/parcel may be returned to the Seller (normally after at least two failed delivery attempts) by the courier/postal service. If this happens, the Buyer will be responsible for all shipping charges required to resend the item the second time. If for whatever reason the Buyer decides not to have the goods re-shipped, then the Buyer will be entitled to a refund of the cost price of the goods, but will not be entitled to a refund of the initial shipping costs for the item.
4.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5. WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. YOUR RIGHT OF CANCELLATION
6.1 Where Goods are purchased via the internet, by mail order or by phone or email, the Buyer has the right, save as regards special items/orders (see clause 2.5), 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.
6.2 If the goods are not returned by the Buyer as required by the Seller, the Seller may charge the Buyer a sum not exceeding the direct costs of recovering the goods.
6.3 Goods which are returned due to non-payment of applicable Customs charges will be subject to the original shipping costs, return shipping costs and any other fees applicable to recover the goods being deducted from any refund made. Purchasing any item / goods shall be deemed conclusive evidence of the Buyer’s acceptance of these terms and conditions.
7. LIMITATION OF LIABILITY
7.1 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall the Seller be liable to the Buyer for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall the Sellers liability to the Buyer and/or any third parties for any of the above exceed the price of the goods.
7.2 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.
8. FORCE MAJEURE
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 the natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9. Claims
When making a purchase online, the Buyer has a statutory right to return a Product (other than perishable produce) up to 14 days after it has been delivered (cooling off period). The Seller can change or cancel an order up until it is dispatched. If the order has been dispatched, the Buyer can return the Product to the Seller and the Seller will organise a refund (excluding delivery cost). If a Product is damaged or faulty the Buyer can contact the Seller to organise a replacement or refund.
10. SAFETY
If any manuals or safety instructions are provided with the Products, the Buyer agrees to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if the Buyer is inexperienced in using the Products or is unsure of their abilities, they should always seek expert advice and assistance.
11. CONTRACT
No contract will subsist between the Buyer and World Of Survival Distribution for a sale to the Buyer of any product or service unless and until World Of Survival Distribution accepts the Buyers order by e-mail confirming that it has dispatched the Buyers order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the Buyer at the time World Of Survival Distribution sends the e-mail to the buyer (whether or not the Buyer receives that e-mail).
12. MODIFICATION OF TERMS
We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify the Buyer by posting an updated version of the terms of use on the Website.
13. GENERAL
World Of Survival Distribution shall not be liable for any failure to perform any of its obligations under these terms and conditions which is caused by circumstances beyond their reasonable control including, but not limited to any force majeure incident. World Of Survival Distributions failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by World Of Survival Distribution in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.
14. LAWS
The terms of use shall be governed by and construed fully in accordance with the laws of Scotland and parties hereby submit to the exclusive jurisdiction of the Scottish courts. The Buyer and the Seller agree to submit to the exclusive jurisdiction of the courts located in Scotland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
15. TERMINATION
World Of Survival Distribution may terminate any listings/store with or without cause at any time and effective immediately.
16. SEVERANCE
If any terms or provision of these Terms and Conditions is held invalid, a legal or un-enforceable 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 has been agreed with the invalid, illegal or un-enforceable provision eliminated.
