| ADP Diamex are completely
dedicated to your total satisfaction. If you have any suggestions
or comments please email us using the link on the store page.
Our Contact details:
ADP Diamond Cutting Solutions Ltd
Dunmere Road, Bodmin, Cornwall, PL31 2QN. Company Reg. Number: 04916909
Phone: 01208 269898
Fax: 01208 264818
Email: sales@adpdiamex.co.uk
VAT Registration Number: 825 7257 14
ADP Diamond Cutting Solutions Ltd - Terms and Conditions
of Sale.
1. Definitions
1.1. "Buyer" means the person who buys or agrees to
buy the Goods from the Seller.
1.2. "Conditions" means the terms and conditions of
sale set out in this document and any special terms and conditions
agreed in writing by the seller.
1.3. “Delivery Date” means the date specified by
the Seller when the Goods are to be delivered.
1.4. "Goods" means the articles which the Buyer agrees
to buy from the Seller.
1.5. "Price" means the price for the Goods excluding
carriage, packing, insurance and VAT
1.6. "Seller" means ADP Diamond Cutting Solutions Ltd
T/A ADP Diamex which has registered premises in Bodmin in the
County of Cornwall.
2 Conditions Applicable
2.1. These conditions shall apply to all contracts for the sale
of Goods by the seller to the Buyer to the exclusion of all other
terms or conditions which the Buyer may purport to apply under
any purchase order confirmation of order or similar document.
2.2. All orders for Goods shall be deemed to be an offer by the
buyer to purchase Goods pursuant to these Conditions.
2.3. Acceptance of delivery of Goods shall be deemed conclusive
evidence of the Buyers acceptance of these Conditions.
2.4. Any variation to these Conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing with the seller.
3 The price, payment and Credit Card Security
3.1. When the order is placed at our website, credit card numbers
are managed by our Secure Payment Service Provider (ProtX). Your
credit cart details are never download or printed and are not
held in clear text on any web site.
3.2. The Price shall be the Sellers quoted price. The Price is
exclusive of VAT which shall be due at the rate ruling on the
date of the Sellers invoice.
3.3. For orders made from the UK or the European Union, 17.5%
VAT is added. All other orders are VAT free.
4 The Goods
The quantity and description of the Goods shall be to the best
of the companies ability as set out in the Sellers Quotation or
on screen description.
5 Warranties and Liability
5.1 The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the seller. Except where
the buyer is dealing as a consumer (as defined in the Unfair Contract
Terms Act 1977 Section 12) all other warranties, conditions or
terms relating to fitness for purpose, merchantability or condition
of the Goods whether implied by statute or common law or otherwise
are excluded.
5.2. It is the responsibility of the Buyer to return any faulty
Goods sufficiently packaged so as to avoid damage, with the original
documentation to the Sellers address shown at clause 1.6 above.
No refund will be given until the Goods are returned as aforesaid.
6 Delivery of Goods
6.1. Delivery of Goods shall be made to the Buyers address or
as instructed by the Buyer on the Delivery Date. The Buyer shall
make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
6.2. While the Seller will endeavour to deliver by any date or
within any periods agreed upon such dates and periods are estimates
only given in good faith and the Seller will not be liable for
any failure to deliver by such a date or within such a period.
6.3. If your item is not in stock, we will back order for you.
You will always be emailed with the option to cancel your order
if you would rather not wait.
7 Acceptance of Goods
7.1. The Buyer shall be deemed to have accepted Goods 24 hours
after delivery to the buyer.
7.2. After acceptance the Buyer shall not be entitled to reject
the Goods which are not in accordance with the Contract.
8 Title and Risk
8.1. The Goods shall be at the Buyers risk as from delivery.
8.2. In spite of delivery having been made property in the Goods
shall not pass from the Seller until
8.2.1 The buyer shall have paid the price plus VAT in full;
and
8.2.2 No further sums whatever will be due from the Buyer to
the Seller
8.3. Until property in the Goods passes to the Buyer in accordance
with clause 8.2 the buyer shall hold the Goods and each of them
on a fiduciary basis as bailee to the Seller. The Buyer shall
store the Goods (at no cost to the Seller) separately from all
other Goods in its possession and marked in such a way that they
are clearly identified as the Sellers property.
8.4. Notwithstanding that the Goods (or any of them) remain the
property of the Seller the Buyer may sell or use the Goods in
the ordinary course of the Buyers business at full market value
for the account of the Seller. Any such sale or dealing shall
be a sale or use of the Seller's property by the Buyer on the
Buyer's own behalf and the Buyer shall deal as principal when
making such sales or dealings. Until property in the Goods passes
from the Seller the entire proceeds of sale or otherwise of the
Goods shall be held in trust for the Seller and shall not be mixed
with other money or paid into any overdrawn bank account and shall
be at all material times identified as the Sellers money.
8.5. The Seller shall be entitled to recover the Price (plus
VAT) notwithstanding that the Property in any of the Goods has
not passed from the Seller.
8.6. Until such time as property in the Goods passes from the
Seller to the Buyer, the buyer shall upon request deliver up such
Goods as have not ceased to be in existence or resold to the Seller.
If the Buyer fails to do so the Seller may enter upon the premises
owned, occupied or controlled by the Buyer where the Goods are
situated and repossess the Goods. On the making of such a request
the rights of the Buyer under clause 8.4 shall cease.
8.7. The Buyer shall not pledge in any way charge by way of security
for any indebtedness any of the Goods which are the Property of
the Seller. Without prejudice to the other rights of the Seller,
if the Buyer does so all sums whatever owing by the Buyer to the
Seller shall forthwith become due and payable.
8.8. The Buyer shall promptly deliver the prescribed particulars
of this contract to the Register in accordance with the Companies
Act 1985 Part XII as amended. Without prejudice to the other rights
of the Seller, if the Buyer fails to do so all sums what so ever
owing by the Buyer to the Seller shall forthwith become due and
payable.
9 Remedies of Buyer
9.1. Where the Buyer rejects any Goods then the Buyer shall have
no further rights whatever in respect of the supply to the Buyer
of such Goods or the failure by the Seller to supply Goods which
confirm to the contract of sale.
9.2. Where the Buyer accepts or has been deemed to have accepted
any Goods then the Seller shall have no liability whatever to
the Buyer in respect of those Goods.
9.3. The Seller shall not be liable to the Buyer for late delivery
or short delivery of the Goods.
The provisions of this clause shall apply to rights claims "or
liability arising directly, consequentially or otherwise.
10 Privacy Policy
10.1. ADP Diamex does not disclose Buyer’s information to
third parties other than when order details are processed as part
of the order fulfillment. In this case, the third party will not
disclose any of the details to any other third party.
10.2. Cookies are used on this shopping site to keep track of
the contents of your shopping cart, to store delivery addresses
if the address book is used and to store your details if you select
the 'Remember Me' Option. They are also used after you have logged
on as part of that process. You can turn off cookies within your
browser by going to 'Tools | Internet Options | Privacy' and selecting
to block cookies. If you turn off cookies, you will be unable
to place orders or benefit from the other features that use cookies.
Returns Policy your rights to return goods are protected under
the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
11 Contacting Us
If you need to reach us, please email us using the link on the
store page, alternatively, you can call on (International +44)
01208 269898 or fax us on 01208 264818 or write to us at ADP Diamex
Dunmere Road, Bodmin, Cornwall, PL31 2QN. Walker Lines Industrial Estate, Bodmin, Cornwall,
PL31 1HA.
12 Proper Contract of Law
This Contract is subject to the Law of England and Wales and the
EU Distance Selling Directive.
|