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