Terms and Conditions
CONDITIONS OF SALE
By clicking "Submit your order now” you are agreeing to purchase the Goods set out in the Order from Sylvester Oxford Ltd Limited according to the Conditions listed below (including any other hyper-linked pages e.g. 'How to Order', 'Delivery Times and Charges', 'Data Protection Policy' and 'Returns and Distance Selling Regulations):
1 Definitions and Interpretations
1.1 In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
"Consumer" a consumer as defined by Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the Protection of Consumers in Distance Contracts
"Customer" the person who makes an offer to buy the Goods from Sylvester Oxford subject to these Conditions and whose offer for the Goods is accepted by Sylvester Oxford and such acceptance is acknowledged to the Customer in Writing.
"Contract" the contract for the purchase and sale of the Goods "Export Goods" Goods which are the subject of EU Orders or Worldwide Orders (as defined below)
"Goods" the goods ordered by the Customer from Sylvester Oxford "Order" the order placed by the Customer with Sylvester Oxford for the Goods on the order page
"Sylvester Oxford Ltdr" Really of 16b Stations Fields Ind Est, Kidlington OX5 1JD
"Writing" includes e-mail.
2 General
2.1 Sylvester Oxford shall sell and the Customer shall purchase the Goods in accordance with these Conditions.
2.2 All Contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions which shall supercede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
2.3 Sylvester Oxford reserves the right to alter these Conditions from time to time without notice to you and the alterations will apply to any orders received after that time.
2.4 Sylvester Oxford employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Sylvester Oxford in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
3 Ordering
3.1 Please refer to the 'How to Order' section of this web-site for information on how to place an Order.
3.2 No Order submitted by the Customer shall be deemed to be accepted by Sylvester Oxford unless and until confirmed in Writing by the Sylvester Oxford Acknowledgement.
3.2 The Customer shall be responsible to Sylvester Oxford for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable Sylvester Oxford to perform the Contract.
3.3 The quantity, and description of the Goods to be provided by Sylvester Oxford to the Customer under the Contract shall be those set out in the Sylvester Oxford Acknowledgment.
3.4 Subject to clause 8, no Order which has been accepted by Sylvester Oxford may be cancelled by the Customer except with the agreement in Writing of Sylvester Oxford and on terms that the Customer shall indemnify Sylvester Oxford in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Sylvester Oxford as a result of cancellation.
3.5 The Goods are only available while stocks last. If after the Sylvester Oxford Acknowledgement has been notified to the Customer there is insufficient stock of Goods of the type ordered by the Customer available for Sylvester Oxford to deliver to the Customer then Sylvester Oxford shall refund to the Customer's credit or debit card all sums debited in respect of those Goods which are out of stock.
4 Price and Payment
4.1 The price of the Goods shall be the price identified for each item next to it’s details on the Sylvester Oxford website www.sylvesteroxford.co.uk on the date of acceptance of the Order (the "Price"). Delivery charges and estimated timescales are detailed in the 'Delivery Times and Charges' section of this web-site. Export prices that shall apply in relation to Export Goods and are available only by verbal or Written response from Sylvester Oxford, obtained by calling 01865 847285 of by sending an e-mail to contactus@sylvesteroxford.co.uk.co.uk. 4.2 Sylvester Oxford reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to Sylvester Oxford which is due to any factor beyond the control of Sylvester Oxford (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Sylvester Oxford adequate information or instructions.
4.3 Payment can be made by any method specified in the “About” section. Sylvester Oxford will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
4.4 Payment of the Price together with the Delivery Costs will be debited from the Customer's account after Sylvester Oxford Acknowledgment has been notified to the Customer in Writing but before the Goods are delivered to the Customer pursuant to clause 6.
4.5 While Sylvester Oxford tries to ensure that all prices on the Sylvester Oxford website are accurate, errors may occur. If Sylvester Oxford discovers an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
4.6 If the Customer's card issuer fails to make any payment of the Price and all and any Delivery Costs on behalf of the Customer then, without prejudice to any other right or remedy available to Sylvester Oxford, Sylvester Oxford shall be entitled to cancel the contract or suspend any further deliveries (if any) to the Customer.
5 Specification
5.1 Sometimes the product specifications from the manufacturer may change, in which case Sylvester Oxford will endeavour to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 21-Day Money Back Guarantee.
5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
5.3 Sylvester Oxford have selected Goods on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
5.4 In the event that Sylvester Oxford are required to design and manufacture Goods to the Customers’ own specifications:
5.4.1 Sylvester Oxford shall be under no liability whatsoever for any direct indirect and/or consequential loss (including loss of profit) in respect of any defect in the Goods arising from any drawing, design, measurements or specification which has been supplied by the Customer. In particular, Sylvester Oxford shall be under no liability where defects in the quality of any finished Goods is caused by the enlargement of any design or photograph supplied by the Customer.
5.4.2 the Customer shall be responsible for ensuring that their premises have been sufficiently prepared or constructed so as to allow for the proper installation of the Goods and Sylvester Oxford undertakes no responsibility for the fitting of the Goods into the dimension thereof where they are not the same as those supplied to Sylvester Oxford by the Customer.
5.5 If any claim is made against Sylvester Oxford that the manufacture or sale of the Goods infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of Sylvester Oxford, indemnify Sylvester Oxford against all damages or other compensation awarded against Sylvester Oxford in connection with the claim or paid or agreed to be paid by Sylvester Oxford in settlement of the claim and all legal or other expenses incurred by Sylvester Oxford in or about the defence or settlement of the claim.
6 Delivery
6.1 Delivery charges and estimated timescales are specified in the 'Delivery Times and Charges'. Sylvester Oxford makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.
6.2 Any time or date for the dispatch or delivery of Goods shall be taken as an estimate made by Sylvester Oxford in good faith but shall not be of the essence of the contract. Sylvester Oxford shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated Delivery Date or such other date as may be subsequently agreed.
6.3 Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by Sylvester Oxford delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and Sylvester Oxford have agreed in Writing.
6.4 The Customer shall allow:
6.4.1 Five days from receipt of the Sylvester Oxford Acknowledgment in the case of Orders placed from within mainland UK ("UK Orders");
6.5.2 Fifteen days from receipt of Sylvester Oxford's Acknowledgment in the case of Orders placed from outside mainland UK but within the European Union ("EU Orders")
;6.5.3 Thirty days from receipt of Sylvester Oxford's Acknowledgment in the case of Orders placed from outside the European Union ("Worldwide Orders")for delivery of the Goods before notifying Sylvester Oxford in Writing that delivery has been delayed.
6.6 If the Customer fails to take delivery of the Goods or fails to give Sylvester Oxford adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Sylvester Oxford’s fault) then, without prejudice to any other right or remedy available to Sylvester Oxford, Sylvester Oxford may:
6.6.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
6.7 The Price and all and any delivery costs are inclusive of any applicable value added tax (sales tax), which the Customer shall pay to Sylvester Oxford.
7 Data Protection
7.1 Please refer to the 'Data Protection Policy' section of this web-site.
8 Refunds and Distance Selling Regulations
8.1 Please refer to the 'Returns and Distance Selling Regulations' section of this web-site.
9 Risk
9.1 Risk of damage or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when Sylvester Oxford has tendered delivery of the Goods.
9.2 The ownership of the Goods shall pass to the Customer at the time of the receipt by Sylvester Oxford of payment in full of the Price and cost of delivery.
9.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Sylvester Oxford shall be entitled at any time to require the Customer to deliver up the Goods to Sylvester Oxford and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
9.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Sylvester Oxford, but if the Customer does so all moneys owing by the Customer to Sylvester Oxford shall (without prejudice to any other right or remedy of Sylvester Oxford) forthwith become due and payable.
10 Insolvency of Customer
10.1 This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 9.2 one or more of the following events occurs (the "Cancellation Events"):
10.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
10.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
10.1.3 the Customer ceases, or threatens to cease, to carry on business;
10.1.4 Sylvester Oxford reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
10.2 If this clause applies then, without prejudice to any other right or remedy available to Sylvester Oxford, Sylvester Oxford shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that Sylvester Oxford shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
11 Warranty
11.1 All Goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a Consumer.
11.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Sylvester Oxford, failure to follow the manufacturers instructions, or any alteration or repair carried out without the approval of Sylvester Oxford.
11.3 If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the Goods, you should notify Sylvester Oxford in Writing at the address shown in the 'Contact Us' section of this web-site.
12 Export Goods
12.1 In the case of EU Orders or Worldwide Orders the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
13 Force Majeure
13.1 Sylvester Oxford Ltd shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Sylvester Oxford’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Sylvester Oxford’s reasonable control.
14 General
14.1 The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
14.2 We do not guarantee that this website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.
14.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its e-mail address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14.4 No waiver by Sylvester Oxford of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.6 The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the Contract. Neither party will be entitled to rely on any agreement, understanding or arrangement which is not expressly contained in the Contract and no change may be made to it except in Writing signed by duly authorised representatives of both parties.
14.7 The Customer agrees that these Conditions shall not be denied legal effect, validity or enforceability on the grounds that they are displayed electronically or transmitted from Sylvester Oxford to the Customer or from the Customer to Sylvester Oxford using the Internet.
