1.1 "The Company" means PDK Charnwood Limited (company number 6259496, registered in England and Wales).
1.2 "The Purchaser" means any person, firm, company or organisation who is trading with the Company.
1.3 "Goods" mean the article(s) which the Purchaser buys or agrees to buy from the Company.
1.4 "Terms" means these Terms and Conditions of Sale
1.5 "Price" means the price of the Goods stated as at the date of the order on the Company's website.
2.1 These Terms shall apply to the sale of all goods by the Company to customers acting in the course of business. All orders are accepted subject to these Terms unless otherwise specified and agreed in writing by the Company. No alteration or addition to or substitution of these Terms by the Customer shall bind the Company.
2.2 The Company reserves the right to alter specifications and designs without notice.
2.3 All goods ordered must be in the original quantity as specified in/on the catalogue/website.
2.4 The Company reserves the right to cancel orders for items unavailable or sold out and refund by credit note which may be redeemed for other goods or a refund.
2.5 The Company may change these Terms from time to time. Such changes will be displayed on its website.
3.1 The Price shall be the price stated as at the date of order on the Company's website. Any applicable charges for handling, carriage, insurance shall be payable in addition to the Price plus any applicable VAT or other taxes, customs and duties.
3.2 If any increase in taxes, duties, charges or assessments or increases in cost of labour or materials are levied against or incurred by the Company for supply of the Goods after the date of order the Company shall be entitled to charge the Customer the amount of such increase in addition to the Price.
All prices and discounts are inclusive of VAT, at the applicable rate. The Company reserves the right to increase prices if the standard VAT rate should increase.
4.1 The items featured on the Company's website are offered for sale subject to availability. In the event that the Goods ordered are unavailable, the Company shall be entitled as its option to refund all sums paid by the Customer for those Goods.
5.1 You may pay, in Pounds Sterling only, using MasterCard, Visa, Maestro, JCB, Paypal.
5.2 Cleared payment must be received before despatch of the order.
5.3 The Company reserves the right to charge interest on overdue accounts of 2.5% above the prevailing HSBC Bank Plc lending rate per calendar month and suspend despatch of goods ordered. Any administration costs/collection charges/court costs/legal fees incurred in recovering overdue amounts will be charged to the Purchaser. Any Purchaser who makes late payment for goods supplied must accept responsibility for payment of these charges.
5.4 The Company reserves the right to charge an administration fee, details of which are available upon request, and which may be varied from time to time, for processing dishonoured cheques and/or credit card payments, and such fee will be charged to the Purchaser together with any collection costs/court costs/legal fees incurred in obtaining payment.
6.1 Title to the Goods remains with the Company until payment is received in full and until that time the Company shall be entitled to dispose of the Goods, require the Customer to deliver up the Goods to the Company or to enter upon the Customer's premises or third party premises to repossess them. Risk of damage to or loss of the Goods shall pass to the Customer on delivery or if the Customer or its recipient wrongly fails to take delivery at the time when the Company tenders delivery of the Goods.
7.1 All delivery times quoted are intended as a guide only. Whilst the Company will take all reasonable steps to ensure that estimated delivery times are met, the Company will not accept any liability whatsoever for delays caused by events beyond our control whether from carriers or suppliers or for any consequential loss of profit as a result.
7.2 Unless otherwise required, the Company may hold any order(s) where an item is out of stock until all items on that order(s) are available.
7.3 The Company reserves the right, where payment for goods ordered has been made by cheque, to hold any such order until the Company has received confirmation that the cheque has been cleared and the funds paid to the Company, and at its discretion despatch the order only after such confirmation, which can take up to 10 working days (excluding weekends), has been received.
7.4 The Customer (or recipient of behalf of the Customer) shall receive the Goods (and where the Company arranges delivery of the Goods, shall take delivery of Goods at the delivery address as specified by the Customer) and shall check the quantity and condition of such Goods in the presence of the carrier or the Company (as applicable). If there is a shortage or the Goods are in unsatisfactory condition the Customer or recipient shall endorse the carrier's or the Company's delivery document (as applicable) and shall give separate notice thereof to the Company within three days of delivery. If this condition is not observed no claim in respect of shortage or unsatisfactory condition of Goods will be entertained and the Company shall have no liability in respect thereof. If the shortage or defect is notified to the Company within the time limit the Company's liability shall be limited to replacement of the defective goods or making good the shortfall. Any allegedly defective Goods shall be returned to the Company for inspection. The Company shall not be responsible for shortages or defects arising from misuse or neglect by the Customer.
7.5 Each delivery of Goods by instalments shall constitute a separate contract subject to these Terms and any failure to deliver in accordance with the contract or defect in the Goods in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
7.6 Some areas are considered by DHL to be "Remote Areas" and surcharges are incurred for Express shipments. If the Company receives an order for express delivery to a DHL remote area, the Company will contact the Customer to request an additional payment. The extra amount payable will be confirmed by the Company at the point of contact. Alternatively, the Customer has the option to cancel the order for a full refund.
7.7 Please note that the customer is responsible for assuring the purchased product can be lawfully imported to the destination country. The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders delivered outside of the UK may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. Please note that cross-border shipments may be subject to opening and inspection by customs authorities.
8.1 Notwithstanding any other provision contained in these Terms and Conditions the Company's liability to the Customer for direct losses in respect of any particular contract for the supply of Goods shall be limited to the Price payable for the Goods. The Company shall not be liable for any indirect, special or consequential loss or damage arising out of or in connection with the supply of the Goods to the Customer or their use examples of which include claims for loss of profits, loss of contracts, loss of opportunity, costs and expenses incurred or other claims for compensation.
8.2 The Customer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from the Company. The importation or exportation of certain of Goods to the Customer may be prohibited by certain national laws. The Company makes no representation and accepts no liability in respect of the export or import of the Goods purchased.
8.3 We may provide links to third parties that we believe may be of interest to you. We do not control nor vet these websites, and therefore we cannot accept liability in respect of either the contents or your use of these websites.
9.1 The right to return goods is protected under the EU Distance Selling Directive.
9.2 Goods returned for refund or credit must be received by the Company in perfect saleable condition and in their original, undamaged packaging and in the original quantity as specified on its website, within 14 days of receipt. The Company will consider the overall condition of the goods being returned when making a refund and reserves the right to withhold a percentage of the refund value of returned goods if they are not in suitable condition for resale at their original catalogue price. The Company will not be liable for any carriage or costs incurred in returning goods unless they are defective or have been sent in error.
9.3 The Company makes every effort to process refunds as quickly as possible but refunds may take up to 30 days. No liability is accepted by the Company for any costs or charges incurred by the Purchaser which may arise due to a delay in processing a refund.
9.4 The Company recommends that the Customer receives proof of postage when returning any goods.
10.1 Any information or data supplied on the Company's website is meant as a guide only.
10.2 Any provision of these Terms and Conditions held by any competent authority to be invalid or unenforceable in whole or in part shall be deemed to be severable and the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
10.3 No waiver by the Company of any breach of or failure to enforce any terms of the contract shall be considered as a waiver of any subsequent breach or failure of the same or any other terms of the contract.
10.4 Save as expressly provided in these Terms, (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.5 A person who is not a party to a contract made on these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of such contract.
10.6 Contracts made on these Terms shall be governed by and construed in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the English Courts.
11.1 The Company is registered under, and will process your personal data in accordance with, the Data Protection Act 1998. By sending the Company any messages you consent to the processing of your personal data by the Company using databases and spreadsheets for the purpose of processing your request. This may involve the Company disclosing your details to regulatory bodies and/or third parties.
Please print off a copy of these terms and conditions of sale for your own reference before accepting the terms and conditions and placing an order.