The terms and conditions set out below set out the basis on which you may purchase products from www.maximist.co.uk or our telephone order line. Please read them carefully and print a copy for your records The customer’s attention is drawn in particular to the provisions of clause 8.
In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 10.6.
Consumer Customer: a Customer purchasing Goods from the Supplier for private use only, and not in the continuation of any trade or business.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Force Majeure Event: has the meaning given in clause 9.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as set out in the Customer’s online purchase order form or as placed by telephone.
Supplier: Maximist (registered in England and Wales with company number 6842324), and having its registered office at Unit 6 Banister Hall Works, Higher Walton, Preston, PR5 4DZ. Our VAT registration number is 996 4843 50.
1.2 Construction. In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). (b) A reference to a party includes its personal representatives, successors or permitted assigns. (c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. (d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. (e) A reference to writing or written includes faxes and e-mails.
2. BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer shall ensure that the terms of the Order are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, which may be by email, at which point the Contract shall come into existence. In the event that such acceptance follows an Order placed by telephone, the Customer must notify the supplier immediately of any errors in the written acceptance of such Order.
2.4 We reserve the right to accept or reject the whole or any part of your order at our discretion. If our Order Acceptance only includes part of your order, then the rest of your order is deemed to have been rejected (although you may be able to re-order the rejected items at a later date). If we reject your order in whole or in part we will give you a full refund of the price paid by you for the order (or the rejected part of it). Details of how we make refunds appear below.
2.5 We will retain a copy of your order. If you are a registered user you can access details of your order via your account profile in “order history”.
2.6 If you want to change your order after it has been placed, you should contact us. We cannot guarantee that we will be able to make any requested change, and do not have any obligation to do so. For Consumer Customers only, this does not affect your right to cancel your order under Clause 7.1 if you change your mind.
2.7 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or any other contract between the Supplier and the Customer for the sale of the Goods.
3.1 The Supplier shall deliver the Goods to the location set out in the Order (Delivery Location). For all orders placed before 3 p.m between Monday and Thursday we aim for next day delivery, but delivery times are not guaranteed as we are dependent upon third party couriers. We do not deliver at weekends unless specifically asked to do so, additional charges may apply.
3.2 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
3.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.5 If Goods are returned to the Supplier due to an incorrect address being supplied by the Customer, the Supplier shall notify the Customer as soon as practicable to request an alternative address. If no alternative address is provided within 5 Business Days of any such request, the Supplier may resell or otherwise dispose of part or all of the Goods.
4.1 The Supplier warrants that on delivery the Goods shall: (a) conform in all material respects with their description; and (b) be free from material defects in design, material and workmanship.
4.2 Subject to clause 4.3, if: (a) the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1; and (b) the Supplier is given a reasonable opportunity of examining such Goods; and (c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
4.3 The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause 4.1 if: (a) the Customer makes any further use of such Goods after giving notice in accordance with clause 4.2; or (b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice; or (c) the Customer alters or repairs such Goods without the written consent of the Supplier; or (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
4.4 Except as provided in this clause 4, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 4.1.
4.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
4.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
5. TITLE AND RISK
5.1 The risk and title in the Goods shall pass to the Customer on completion of delivery.
6. PRICE AND PAYMENT
6.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date of delivery.
6.2 We make every effort to ensure that our prices are correct, however this is not always possible. In the event that a price is less than stated at the time of the order, we will refund the excess to you. In the event that a price is more than stated at the time of the order, we will contact you to see if you want to cancel the order, or to proceed at it with the higher price.
6.3 We reserve the right to correct at any time any obvious errors in price that could reasonably have been spotted as a mistake.
6.4 If we make any special offers or promotions, we reserve the right to withdraw them at any time and without notice.
6.5 The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to: (a) any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); (b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or (c) any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
6.6 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be paid by the Customer when it pays for the Goods.
6.7 The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
6.8 The Customer shall pay for the Goods in full at the time of placing the Order by credit or debit card, or such other method as Supplier may from time to time authorise. Time of payment is of the essence. Where refunds are offered, they shall be made by the payment method used when ordering. We reserve the right to issue a personal cheque. In the interests of fraud prevention, we do not issue refunds to third parties or to other cards or accounts.
7. CANCELLATION AND RETURNS
7.1 Consumer Customers only have a period of seven (7) days starting on the day after the day you take delivery of your Goods in which to cancel your order for any reason and receive a refund. This right does not affect your statutory rights. You may exercise this right to cancel by contacting the Supplier via our Contact Us page or by writing to us at Unit 6 Banister Hall Works, Higher Walton, Preston, PR5 4DZ.
7.2 Any Consumer Customer exercising this right to cancel must take reasonable care of the unwanted Goods and return them to the Supplier at the Consumer Customer’s own expense. Please note that, except when exercising your statutory rights, the Supplier does not accept return of Goods that have been used or taken out of sealed packaging.
7.3 The Supplier will refund the price a Consumer Customer paid for Goods that are returned under clause 7.1 within thirty (30) days. This refund will include any delivery charge unless that charge also included other Goods that you have not returned. The Supplier cannot refund the costs of any associated pre-delivery service such as gift-wrapping. The Supplier reserves the right to deduct its reasonable direct costs of recovering Goods that you fail to send back from any refund that the Supplier may give. The Supplier may be entitled to claim compensation from a Consumer customer if they fail to take care of the products before returning them to the Supplier.
7.4 In the unlikely event that you receive items that you did not order, or that are damaged or defective, or that are not in the quantity you ordered, you should contact the Supplier at our Contact Us page so that we can investigate your concerns and provide you with details of what to do next. You should retain the product concerned and its original packaging to enable us to do this. If you have received less than the quantity of Products that you ordered, the Supplier will use its reasonable endeavours to make up any shortfall or else give you a refund for the undelivered items
7.5 The Supplier will take back (at its own cost) any products that are damaged or defective or that have been delivered to a Customer in error. The Supplier may arrange with a Customer that our carrier will collect those products from you (in which case someone must be available at the collection address to hand them to our carrier at the designated time), agree to reimburse your reasonable costs of returning them to us, or else ask you to throw them away. The Supplier will, at its option, replace or give the Customer a refund for any damaged or defective products. Please note that this does not apply to products that have simply suffered fair wear and tear or that have been lost or damaged after their delivery to you.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or (d) defective products under the Consumer Protection Act 1987; or (e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
8.2 We are suppliers, not manufacturers, of the products advertised on our site. All products are used entirely at your own risk, and, subject to clause 8.1, we will not be held liable for any loss or damage caused by the use of these products by you or anyone else.
8.3 Subject to clause 8.1: (a) the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Contract; and (b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price of the Goods. 8.4 The Supplier may cancel an Order at any time if it is unable to fulfil such Order within a reasonable period of time because of circumstances outside the Supplier’s reasonable control. In the event of such cancellation, the Supplier’s liability shall be limited to a refund of any sums paid for such Order.
9. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
10.1 Assignment and subcontracting. (a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. (b) The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
10.2 Notices. (a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier, fax or e-mail. (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 10.2(a); if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission. (c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.3 Severance. (a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. (b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.4 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
10.6 Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Customer.
10.7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.