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Terms And Conditions
The following information constitutes our terms of use for you as a buyer on our website www.boffer.co.uk wether you are using the site as a guest or a registered user. Please consider these terms and conditions before you begin using the site as you will be required to accept and abide by them while using the site. If you do not wish to maintain these terms and conditions please do not availe yourself of our sites services.
Definitions
"Buyer" or "You", "Your", "Winning Bidder" or "Customer" means the company, trader or individual who buys or agrees to buy Goods, Products or services from the Seller. You warrant you are a trader and/or business (whether a limited company , partnership or other ) specifically buying the products for subsequent resale and you are not a consumer buying the products for your own personal use;
"Bid(s)" shall mean the absolute offer by the Buyer to purchase the Goods at the Price set by the Seller or as agreed in the "make an offer" option, such an offer being made either verbally or by electronic means by email or through the Website, on the condition that this is agreed and meets any other conditions of the relevant sale. For clarity this will mean the same for sales by "make an offer" as it does for immediate `Buy It Now` type sales made through the Website.
"Terms" shall mean the terms & conditions of sale set out in this document and any other special terms & conditions either agreed in writing, notified on the Website or by any other communications by the Seller.
"Goods" shall mean the product or products or services offered for sale by the Seller.
"Price" shall mean the price for the Goods in pounds sterling(£) and excluding carriage and VAT at the prevailing rate unless otherwise specified.
"Product(s)" shall mean the same as "Goods".
"Seller" shall mean RS Communications or affiliated group or trading partner utilising any other domain or Website owned or operated by RS Communications or by any business partner or customer of RS Communications employing the services or products of RS Communications to sell Goods.
"Website" shall mean any website owned, operated or utilised by RS Communications
About Us
www.boffer.co.uk is a site owned and operated by RS Communications. Our registration information is as follows
Unit 22, Clayton Court
The City Works Ashton Old Road
Manchester, Greater Manchester
M11 2NB
Using Our Site
Use of our site is provided on a limited basis only to business/trade customers. We reserve the right to remove or amend this access without notice(see below). Occasionally restrictions may be in place on certain parts of the site or to the entire site for registered users. We will not be liable for any reason if the site is not available for any length of time.
If you are provided with or have chosen a username and password or other piece of information as part of the security process then this information must be treated as confidential by yourself and cannot be disclosed to a third party. If we feel this has been breached at any time we reserve the right to disable the relevant account and your access to the site. Responsibility for your access to the site lies wholly with you and any others you agree access with within your organisation must be aware and comply with these terms and conditions also in order for us to maintain your account.
Copyright & Intellectual Property
All copyright and intellectual property on the site is either wholly owned or licensed to RS Communications. This material work is protected by worldwide copyright laws and treaties. All rights reserved.
One copy may be printed off as well as extracts of pages downloaded for reference by yourself and in order to refer others within your organisation to material from our site.
This material either in printed or digital form may not be modified in any way and any images, video, audio or text may not be used in any other manner.
No material from our site may be used for commercial purposes without first obtaining a license from ourselves or our licensors.
We and any of our acknowledged contributors must always be recognised as the authors of the material on our site.
Any breach of these conditions will forfeit your right to access and use of our site. Your access will be revoked and you must at our discretion destroy or return any and all copies of such material.
Third Party Information
Information and comments posted on our site by third parties are not tantamount to reliable purchase advice. We therefore disclaim any responsibility and liability that may arise due to anyone relying on such material information by either a visitor to the site or anyone informed of such information.
Site Updates
Our site shall be regularly updated and content may change at any given time. If such updates require access to the site to be suspended for such undisclosed periods of time then any material on the site may be deemed as out of date and we are not liable to any obligation to update said material.
Our Liabilities
To the extent afforded by law the material displayed on our site is provided without guarantees, warranties or conditions as to its detailed accuracy. This extends to any third party or member of our company group and expressly excludes the following:
Any terms, conditions and warranties that may otherwise be implied by statue, law of equity or common law.
Liability for any direct, indirect or consequential loss or damage incurred by you or any user in your organisation in connection with our site or through any inability to use or result of use of our site, websites linked to our site or materials posted on it without limitation to and included liability for the following:
Loss of business, contracts, profits or revenue.
Loss of any anticipated savings from use of the site.
Data loss.
Loss of goodwill.
Time wasted by you or your organisation or any third party linked to yourself as well as any other loss or damage however
it may arise, as well as breach of contract, tort(including negligence) including any foreseeable.
This does not prevent our liability for death or any personal injury arising from any neglicence on our part or our liability for fraudulent misrepresentation nor any other misrepresentation or liability which cannot be reduced not excluded under any applicable law.
Any product you purchase from a Supplier (please see below for definition) through our site, said Supplier`s individual liability will be set out in the supplier`s terms and conditions.
Concluding transactions on our site
We are agents for manufacturers, distributors, retails and designers(henceforth "Supplier") who offer products for sale via our site which are discounted from their own recommended retail price. If you enter into a contract for the supply of any goods after agreeing a price between yourself and the supplier offering the goods will be between you and the supplier. The terms and conditions of the supplier can be viewed at any time on our website with relevance to the purchased products details. Please examine carefully the terms and conditions offered by the supplier on the relevant product. If you cannot agree to be bound by said Suppliers terms and conditions then you should neither offer up or conclude any contractually obligating purchase of said goods.
Please note in particular that should you resell stock in advance of receipt of said stock that you do so wholly at your own risk.
By agreeing to purchase or make an offer on our site you agree that:
You are legally capable of agreeing binding contracts;
You are a trader and or business(limited company, partnership or otherwise) that are specifically purchasing said products for resale and not for personal use.
The suppliers terms and conditions have been wholly read and agreed to by yourself.
Note: Any recommended retail price given is an estimate as any goods sold on our site are not sold to consumers necessarily in the same form as they are on our site.
Purchasing
Purchase will mean the irrevocable offer to purchase the goods at either the stated price or at an offered price by you agreed by the supplier. This includes any such offer made verbally, by email or through our site
`Price` means the price for the goods in pounds sterling(£) and excludes carriage and VAT at the prevailing rate unless otherwise specified.
By making an offer or agreeing to a Buy Now `purchase` you are entering into a legally binding contract to buy said product at this price. As such all `purchases` are final and binding and may not be withdrawn. Any failure to make payment within the specified time frame will result in a penalty surcharge as well as potentially the suspension or removal of your account.
We reserve the right to close sales off early, cancel listings or extend their sale period at our discretion. Offers received and Buy It Nows may not be processed due to technical difficulties experienced by ourselves, our selling partners or agents due to and not limited to online technical issues as such we cannot accept direct or indirect liability for any loss caused.
The shipping rate set in the product description will be the charged rate and will appear as such on your invoice.
Payment
All sales are in GBP(£) and all payments must be made in GBP(£) also.
If payment is not received in full including shipping, taxes and admin fees within the products will be relisted by ourselves, your account will be suspended. You will also be invoiced a restocking fee of £10.00 + VAT per product order and be liable for any loss consequential or otherwise to the supplier as a result of a re-sale of the products.
VAT at the current prevailing rate will be applied to the order on the invoice date.
The title and property of the goods remain with the supplier until full cleared funds are received by RS Communications from you.
If stock purchased by you from us or one of our selling agents is not available a full refund of the purchase price will be issued to you. No additional compensation will be offered under any circumstances.
Delivery
As per the suppliers terms and conditions applicable to the purchase the goods will be dispatched to you.
The expected delivery date shall be provided once full payment has been received from you.
You will be notified through the site of the expected delivery date. Please let us know if the goods do not arrive by that date otherwise we will believe you have received everything and in good order.
Following the delivery you will have 48 hours in which to examine the goods and alert us to any problems with acceptance of the goods.
Your payment will be held in ESCROW until the expiry of the 48 hours and then these will be passed on to the supplier as well as notifying you of this payment. No claim of rejection of the stock can be made after this expiration.
Rejection of the goods can only be made on the basis that they have arrived damaged, are faulty or do not match the description given on the site.
Any goods rejected will be returned to the supplier where they will then be examined upon which you will be notified of your refund following the examination period. Your refund will generally be processed by ourselves within 7 days of your confirmed refund from us for the faulty goods. You will though be responsible for the return of the goods.
If the returned items have been found not to be faulty and/or did match the description on the site according to the supplier(at their sole discretion) then you will not be entilted to a refund. You will have to collect the goods from the supplier at your own cost. Any goods failed to be collected within 7 days of you being notified that you were not entitled to a refund can be disposed of by the supplier and they will be entitled to charge you for the cost of this disposal.
Compliance
In order to maintain that our site complies with all consents, authorities, government and legal requirements we accordingly maintain the exclusive right to monitor the content of our site to ensure the appropriate level of service is offered.
At our absolute discretion we may remove “Buy Now” or “offers”, remove from listing or relist products where there has been a dispute or failed payment.
We are entitled, without any liability or giving any advance notice to terminate any auction or sale and/or your registration or participation in any particular auction or sale. We have no obligation to offer any of the auctions or sales to you, or at all, where it appears reasonable to us to do so.
We may terminate any sale, your registration or participation on the site or in any sale without liability or having given you any prior notice without liability. We will have no obligation on our part to offer these items to you where we feel there is reasonable grounds not to.
In order to comply with all regulations the following checks must be carried out by yourself before selling or using goods you have purchased from a supplier.
Electrical/Audio Goods
All goods that are sold as reconditioned or repaired will have been checked that the comply with the 1994 Electrical Equipment Regulations and any other relevant regulations in force at the time of resale. All consumer appliances must comply with safety regulations complying with BSEN 60065/EN60335/BS415 with any relevant work completed to satisfaction before they are resold and must include any plugs or sockets as necessary.
Mobile Phones
Once reasonably possible after the collection or delivery of mobile phones to yourself or your agent all mobile phones before selling or disposal must:
Where unlock codes are provided by the network provider all handsets in the goods must be unlocked.
Have any mobile handset comprising network branding either on the unit, packaging or any supplied material with the goods must be removed and otherwise stated.
Have any network provider software loaded on to the handsets provided in the goods removed unless stated otherwise.
Have any customer data including any names or phone numbers removed from all mobile handsets included in the goods.
Toys
All toys must have an accompanying CE mark as well as the name and address of the responsible European company for the mark. Plastic bags that contain toys must carry a child hazard label and be over 38 microns thick. Any toy as defined by BS 5665 containing small components must carry the statutory warning "Not suitable for children under 3 years".
The following compliance checks must be made before selling/reselling toys:
All toys must be complete in order to enable safe assembly including any necessary instructions.
Any toy using a low voltage mains power adaptor has been checked and complies with BS3456 before resale.
Ascertain that there are no sharp points or edges as well as that other than functional parts no internal components are exposed.
Nursery Goods, Prams & Pushchairs
New and secondhand nursery goods, prams/pushchairs must comply with BS7409:1996(older prams and pushchairs may have the BS4139 or BS4792 marks). Even if a pram/pushchair carrys the BS7409:1996 mark it may not be safe. It is advised that you check any and all prams/pushcairs carefully. Many may have been hard worn and thus may have become unsafe. Please check the following carefully:
The stability of the item.
That there is no corrosion.
No small parts or loose fabric that may be easily detached by a child.
Is not sold without proper instructions and warnings.
Effective brake.
A secure and intact 5 point harness(Older models may have a 3 point harness)
Two separate locking mechanisms to release before the chassis will fold.
Check folding mechanism on handles to be sure there are no finger traps.
No sharp edges or points.
All wheels must be firmly attached and running smoothly.
In order to comply with all legal and safety requirements all relevant checks must be made and work carried out to the relevant standards that satisfy said standards has been made before resale.
Goods sold to you are sold on the basis that they have no guarantee as to fitness for purpose and that you will ensure the goods are safe and where relevant serviced in order to comply with all related laws and regulations before being resold. No warranty expressed or implied by law will be attached to any sale on the site.
Material Placed On The Site
Any material placed on the site by you should be neither confidential nor proprietary which will be our express belief and as such we will the right to use, copy, distribute and disclose said material to third parties for any purpose. Your identity may also be revealed to any third party who claims ownership of any material placed on the site by you that violates their intellectual property rights or of their right to privacy.
Any content or accuracy of the material placed on the site by you will be your sole responsibility and liability.
Computer Misuse Offences.
In the event you knowingly misuse our site by either gaining unauthorised access or introducing rogue code such as viruses, trojans, worms, logic bombs or other malicious material you will be committing an offence under the Computer Misuse Act 1990. Any such breach will be reported by ourselves to the relevant legal authorities whom we shall co-operate with in the disclosure of your identity. Your right to use our site will be retracted immediately following such misuse.
We accept no liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material placed on it, or on any third party website linked to it.
Third Party Links
Any links provided on our site are provided for information purposes only. We have no control over any content on these sites and as such accept no responsibility for any information presented or usage thereof.
You may provide a link from your site to our homepage as long it is not damage or take advantage of our reputation. The link must be fair and legal and not suggest any form of association, approval or endorsement that has not received prior consent from ourselves.
Privacy
In the day to day running of our site in order to give you the best possible service we use cookies stored on your computer to recognise you when you come to our site, as well as to speed up your searches and give you the customised experience you require on the site.
You can refuse cookies by updating the relevant settings in your browser but this may detract from your experience and cause problems for you accessing certain portions of our site.
On the same basis we may collect such information as your ip address, operating system and browser type for system administration and to furnish you with a better experience. This data is statistical only and will not identify an individual user.
Holiday Trading
RS Communications will be open as normal over Public holidays such as Bank holiday and the Christmas period. During the holiday period no deliveries will be made over the said holiday period. The Customer Service phone line will not be answered during this period, however you can direct any urgent queries to our ticket system
Indemnity
In using our site you agree to indemnify us against any and all liabilities, costs, expenses, damages and losses(including direct, indirect, consequential losses, loss of profit, loss of reputation and all interest, penalties and any legal or professional costs and expenses) suffered or incurred by ourselves arising out of or in connection with breach or negligent use of these terms and conditions or the suppliers terms and conditions(as applicable).
Import Duty
Any goods ordered from our site for delivery outwith the UK may be subject to import duty and relevant local taxes which will be levied upon delivery at the specified destination. You will be responsible for payment of said import duties and taxes. Please be aware that as we have no control over these charges we cannot predict the amount due. for further information please contact your local customs office before placing your order.
You must comply with all applicable laws and regulations of the country of destination for all goods purchased. We cannot be held liable for any breach of any such laws and regulations by you.
Jurisdiction and applicable law
Any claim arising from a visit to our site will be presided over by the Scottish Courts.
Disputes or claims arising out of or in connection with these terms of use, their subject matter or formation(including any non-contractual dispute or claim) shall be governed and construed in accordance with the law of Scotland.
Variations
These terms and conditions may be revised at any time by amending this page. These are binding on you as a user of the site and as such from time to time you will be expected to revise this page and take notice of any changes made.
Please note some provisions contained in these terms may be superseded by provisions or notices published elsewhere on our site.
Thank you for your visit to our site
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