TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Andy J Leisure Ltd. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Andy J Leisure Ltd.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
We make all offers and accept all orders only upon and subject to the following terms and conditions which shall form part of any contract concluded between us to the exclusion of any other terms and conditions except as specified on the face of our quotation or as otherwise agreed in writing by our authorised signatory.
(a) All offers remain open for acceptance within 30 days after the date of our quotation and subject to availability of the goods at the date of issue of our acceptance of order or confirmation of contract.
(b) Acceptance must be by way of unqualified acceptance of our written quotation and its contents, terms and conditions. descriptions, illustrations, specifications, drawings and particulars of weights and dimensions contained in our catalogues, advertisements and other literature are approximate only and form no part of the contract.
(c) All extras and accessories ordered but not specified in our quotation will be charged separately as will the costs of all test adjustments, alterations, additions and other work undertaken at the Buyer's request.
(d) Unless expressly accepted by our authorised signatory in writing, any qualification or amendment of these conditions (whether in the Buyer's order or acceptance of our offer or otherwise) shall be invalid.
(e) No binding contract will be created by the Buyer's acceptance of our offer until our written confirmation of the Contract has been dispatched to the Buyer.
(f) Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
(a) Unless otherwise stated all prices quoted are for goods ex our Works. Packing and carriage costs will be charged extra for the Buyers account.
(b) All prices quoted are subject to alterations without notice to take account of fluctuations in the cost of labour and materials and of alterations in rates of exchange and import duty which may occur it the course of manufacturing the goods. All UK prices are subject to VAT at the normal rate.
(c) We shall be entitled to adjust the price to take account of any delay on the part of the Buyer in supplying information required to complete his order or of any alteration made by the Buyer to the specifications or other information supplied by the Buyer.
CHANGES IN SPECIFICATION
We reserve the right to make changes at any time and without notice in the materials, dimensions, colours and design of our products and such changes shall not affect the validity of any contract between us and the Buyer provided that such variations and modification do not adversely affect in any material way the performance of the said products or the quality of workmanship or of materials used. Sizes quoted are to be taken as nominal, by nature of the products being inflated it is impossible to define exact sizes. Variations can occur.
All implied warranties are hereby excluded to the fullest extent permitted by law and only such warranties as are expressed given by us shall apply. Our warranty is subject to a return to base policy. All Inflatables must be inflated on arrival and examined carefully. Failure of the buyer to give written notice within 14 days will be deemed a waiver of a claim for defective products. Our fabric is guaranteed for 12 months for weft and warp, colour pigmentation and flame retardancy. (please read our warranty limitations in INSTRUCTIONS PDF on left hand side of site).
PAYMENT AND TITLE OF GOODS
(a) 50% deposit payable with order unless otherwise stated.
(b) Balance of price to be paid and cleared prior to despatch, unless previous arrangements have been made.
(c) Deposit not refundable in the event of cancellation.
(d) For account customers - Terms are strictly nett. Payments to be made within 30 days of the invoice date.
(e) Until full payment has been received by us as specified in our quotation. We shall retain the ownership of the goods and the Buyer shall:
(1) hold them as bailee only and shall not sell, part with or modify them in any way nor incorporate them into any other machine or device in such a way as to destroy or obscure their identity. And
(2) insure them for their full contract value against 'All Risks' with an underwriter or insurance company approved by us, our interest is to be noted on the policy and a certificate to this effect is to be produced to us on request. And
(3) store them separately from all other goods and in such a way and place that they may at all time by clearly identified as our property.
(c)(1) In the event of a failure by the Buyer to pay for the goods and/or the commission of an act at bankruptcy and/or the commencement of any proceedings to wind-up the Buyer where the Buyer is a Limited Company, then we reserve the right to enter the Buyer's premises, or any other place where the goods might be, without notice in order to re-possess the goods.
(2)Any such goods or part of goods so re-possessed may be re-sold without notice to the Buyer and without prejudice to our right to claim damages against the Buyer.
(d)We reserve the right at any time to charge interest on late payments with effect from the due date and on a day to day basis at a compound annual rate of 4% above Bank base lending rate from time to time.
(e)In the event that the Buyer fails to make payment for the goods or fails to take delivery of any of the goods supplied by us, then all sums outstanding in respect at any goods supplied by us shall become due and payable immediately and we may in our absolute discretion and without prejudice to any other rights we may have
(1)Suspend all future deliveries of the goods to the Buyer under the contract in question or under any other contract and/or terminate any such contract(s) without liability upon our part; and/or
(2)Require payment at interest on all amounts due at a compound annual rate of 4% above Bank base lending rate for the time being prevailing from the date when payment for the goods in question became due to the date of actual payment.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
DELIVERY AND RISK IN THE GOODS
18. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
19. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
(a) We will use our best endeavours to comply with our quoted delivery date but we will not be liable for any loss, damage, injury or expense, either direct or indirect and including but not limited to loss of profit or liability to third parties, which may be suffered by the Buyer by reason of late delivery of the goods from whatsoever cause the late delivery may arise.
(b) Although given in good faith the time for delivery mentioned in our quotation is intended as an estimate only and is not therefore to be treated as of the essence of the contract
(c) The Buyer shall have no right to reject goods by reason of their being delivered other than at the quoted time.
(d) Delivery in the UK shall be as follows:
(1) Goods sold "ex-works" will be dispatched in accordance with the buyer's instructions and the risk in such goods will pass to the Buyer from the time of loading at our works.
(2) Goods sold "Delivered" will be dispatched by whatever means of transport we chose unless a specified method of transport has previously been agreed in writing. The risk in the goods will pass to the Buyer when they reach the destination named by the Buyer and before unloading.We will insure the goods for their full contract value against the risk of loss or damage in transit and the premium will be charged to the customer's account.
(e) Delivery overseas shall be by the appropriate method stated in our quotation, strictly interpreted in accordance with the definitions contained in INCOTERMS 1980, except that FOB shall mean FOB Liner Terms.
(f) We shall not be liable for failure to deliver goods or to complete work or for failure to do so promptly if such failure arises due to force majeure or by reason of any delays occasioned by strikes, riots, lockouts or other labour trouble, war, fire, accident, mechanical failure, non-availability to us of supplied of stock, parts, or materials. delay in delivery' to us of the goods or materials therefore by suppliers or other persons. Government action, legislation or regulation of any kind. Act of God, or any circumstances whatsoever outside our reasonable control and such delay or failure to deliver or to complete work on goods shall not affect the Buyer's obligation to pay for goods already delivered and work already completed.
20. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items. Andy J Leisure ltd reserves the right to withhold any deposit where work has begun in production or the cancellation will result in substantial loss.
21. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
22. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
The Buyer shall not be entitled to cancel the contract or any part thereof nor to require delay in its performance without our written consent which will only be given on terms which will indemnify us against all loss.
Any bespoke orders are not returnable or refundable, any corrections may be altered.
Where goods are sold packed the extent of packing and/or protection necessary will be at our discretion. Any special packing stipulated by the Buyer will be charged to the Buyer's account Any goods sent unpacked at the Buyer's request will be at the risk of the Buyer. All packing materials are non-returnable.
If within fourteen days after we despatch our notification to the Buyer that goods sold Ex Works. FOB or FAS are ready the Buyer does not make arrangements for the collection or storage of the goods we shall be entitled to submit our sales invoice for payment and arrange storage either at our Works or elsewhere on the Buyer's behalf and all charges for storage and or insurance shall be for the account of the Buyer
LOSS OR DAMAGE IN TRANSIT
(a) We accept no liability for loss or damage in transit except in the case of goods sold 'DELIVERED' and in such case our responsibility will be limited to replacing or repairing the missing or damaged goods, or at our option, returning the purchase price. In any event no claim will be considered unless both the carriers and ourselves are notified in writing.
(b) In the case of damaged goods notification must be received in writing within three days of receipt other than on any proof of delivery note; and in the case of non-delivery within 14 days after the date of despatch as notified by us.
LIABILITY AND INDEMNITY
23. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
24. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
25. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
27. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
28. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
The Buyer may not at any time erase, alter or deface our name or any of out trade marks or attach any other trade mark to the goods or juxtapose our trade marks with any other mark likely to cause confusion, unless in receipt of our express permission in writing.
(a) The copyright in our designs, data sheets, packaging and literature shall remain our property and no rights or licence (except as to the use for which our goods are supplied) shall be granted hereby whether expressed or implied.
(b) In all instances whereby we are instructed to undertake work which carries Logos, Trade Marks, Characterisation. It is undertaken on the basis of it being our understanding that the specifier has the right to use such Logos, Trade Marks, Characterisation by way of agreement, licence etc. Or that specifier is the owner, creator of specified Logos, Trade Marks, Characterisation etc.
Where applicable the Buyer will be responsible for obtaining an import licence and for ensuring compliance with all regulations governing the admission of goods into the country of delivery.
If equipment is to be exported particularly to Eastern Bloc countries an Export Licence may be required. It is the responsibility of the exporting agent to obtain the necessary clearance for exporting the equipment in the event of an order being placed with us, accompanied by a deposit, no refunds can be made in the event of export licences being refused.
HEALTH AND SAFETY
The Buyer shall be responsible for ensuing that all Statutory, Government or Local Authority regulations are complied with in relation to the operation of any goods purchased from us. Should any local regulations require amendments to the specification included in the supply contract, then the cost of any such amendments shall be charged to the account of the Buyer in addition to the original contract price. The Buyer shall ensure that all lnstructions, Handbooks, Notices and Warnings issued by us are properly understood and complied with at all times by all persons using the goods or working within close proximity to them, the Buyer being responsible for the translation of the English narrative supplied by us.
These conditions and any Contract between us and the Buyer shall be governed in all respects by the laws of England except that the Uniform Law an the international Sale of Goods shall not apply either in whole or in part. The Buyer shall submit to the jurisdiction of the English Courts.
(a) In lieu and any warranties conditions or liabilities implied by law our liability in respect of any defect in goods or for any loss, injury or damage attributable thereto shall be limited to, at our option (i) the supply of new goods in exchange for defective goods or (ii) repair at our premises of defective goods or (iii) payment at value of defective goods. Save as aforesaid and without prejudice thereto we shall not be liable far consequential or other damage howsoever arising.
(b) Further we shall not be liable (i) Unless claim is detailed in writing within 12 months of invoice date; (ii) To accept return of goods until we have examined them; (iii) Unless Goods supplied are installed and demonstrated at the time of installation by the Company or installed as advised by the Company.
(c) In respect that our goods include design and artistic work not capable of precise definition our obligation to supply goods to customers is limited to supplying goods reasonably in compliance with any specification forming part thereof.
(d) It is understood that our goods have a limited life, the length of which is determined according to the amount of use; consequently goods used extensively will not last as long as goods used occasionally; customer accepts that he has no claim by reason of goods deteriorating through use. Play items fitted on an inflated bed are subject to abnormal wear and will not be the subject of any liability of any nature on the Company.
(e) All goods returned to the Company for work under guarantee or work undertaken at the purchasers request and at his cost shall be returned in a clean and dry condition, properly rolled and/or packed. Should the Company judge that the goods are not in fit condition as to cleanliness the Purchaser will bear al costs of putting such goods in fit condition by removing them for cleaning or providing labour or the cost of labour to put the goods in fit condition.
(f) Buyers have 14 days to report any manufacturing faults and 30 days to return goods
(g) All returned goods must be completely unused and in original packaging, they must be packed safely onto a pallet.
(h) Bespoke items are not eligible for returns under any circumstance
(i) Returning items will incur the cost shipping, to and from as well as a 10% restocking fee
SET-OFF AND COUNTER CLAIM
The Buyer shall not be entitled to withhold payment of any sums after they become due by reason of any right of set-off or Counter claim which the Buyer may have or allege to have or for any other reason whatsoever.
Each and every item herein set out (including subject to Condition 7) every stipulation as to time is hereby declared to be of the essence of every contract made between us and the Buyer.
APPLICABILITY OF THESE CONDITIONS
These conditions shall also apply to any future oral or written contract for the supply of goods and/or service by us to the Buyer save to the extent that such conditions are in future contracts specifically varied or excluded or are inconsistent with what is expressly agreed in any such future contract