|
|||||
|
|||||
|
SPECIAL OFFERS
GAGGIA BABY TWIN SEMI-AUTOMATIC ESPRESSO MACHINE
WAS £417.95 NOW £312.95
WAS £417.95 NOW £312.95
GAGGIA CLASSIC ESPRESSO MACHINE
WAS £294.95 NOW £224.95
WAS £294.95 NOW £224.95
GAGGIA ESPRESSO PURE
£145.95
£145.95
MACAP MC4 NON-DOSER COFFEE GRINDER - BRASS
WAS £379.00 NOW £292.95
WAS £379.00 NOW £292.95
NEMOX MILKI MILK FROTHER
WAS £89.00 NOW £67.95
WAS £89.00 NOW £67.95
USER GUIDES FOR ...
JOIN OUR NEWSLETTER
HOME
- TERMS OF USE
TERMS OF USE
GENERAL
In these conditions ‘The Company’ means My Espresso Ltd and ‘the Customer’ means the individual, firm, company or other party with whom the Company contracts ‘Supply’ includes (but is not limited to) and supply under a contract of sale. No order in pursuance of any quotation or otherwise shall be binding on the Company unless and until such order is accepted by the Company. Any contract made between the Company and the Customer (herein called ‘the contract) shall be subject to these conditions and save as after mentioned no representative or agent of the company has authority to agree any terms or make any representations inconsistent with them or to enter into any contract except on the basis of them; and such terms representation or contract will bind the company only if in writing and signed by a director. Unless otherwise agreed in writing by the company these conditions shall override any terms and conditions stipulated or referred to by the customer in his order or pre-contract negotiations.
Any description contained in the company’s catalogues samples price lists or other advertising material is intended merely to present a general picture of the company’s products and shall not form a representation or be part of the contract. In the event that the company has not given a written acknowledgement of the customer’s order these conditions provided the customer should have had prior notice of them shall nonetheless apply to the contract.
SPECIFICATION
Where goods are made to the Customer’s specifications, Instructions or design, the customer undertakes full responsibility for the suitability safety and accuracy of the specification, instructions or design and undertakes to provide and information of a specialist nature to the Company and to indemnify the company against and claims that may arise from third parties by reason of the breach thereof and against any infringement of a patent registered design trade mark trade name copyright all other intellectual property rights and any loss damage or expense which it may incur by reason of such infringement in any country. Unless otherwise agreed in writing all patterns drawings tools or other similar items produced or other property (whether intellectual property or not) owned or created by the company will remain the property of the company and must not be used or copied by the customer. Where it is agreed that ownership in and data pattern drawings tools or other similar items is to pass to the customer property shall only pass once such items have been paid for by the customer in full.
PRICE
Subject to an agreement to the contrary the company’s quotations are provisional and may be altered to take account of any changes taking place between the date of the quotation and the company’s acceptance of the customers order in the price of raw materials rates of wages and other costs of production or in the customers specification instructions or design or in the event that the customer orders part only of the quantity referred to in any quotation. The company shall be entitled to increase its prices at any time to take account of any increase in the cost to the company of purchasing any goods or materials or manufacturing working on or supplying any goods (including any such increase arising from any error or inadequacy) in any specification instruction or design provided by the customer or any modification carried out by the company at the customers request and such increased prices ruling at the date of despatch by the company shall be substituted for the previous contract price all process quoted are exclusive of vat and the customer shall pay any and all taxes duties and other government charges payable in respect of the goods.
DAMAGE
The risk in the goods, which the company agrees to supply, shall pass to the customer either on despatch from the company’s premises or on the date on if earlier the goods being ready for delivery where delivery is postponed at the customer’s request. The company shall not be liable for any loss of or damage sustained by any goods left with the company howsoever caused and whether or not attributable to negligence on the part of the company or negligence or wilful default on the part of any servant or agent of the company. Should the company be delayed in or prevented from making delivery of the goods due to war government or parliamentary restrictions strikes lockouts fire floods explosions labour disturbance trade disputes damages to or destruction of the goods breakdown of machinery shortages of labour or of raw materials or act of god or due to any other causes whatsoever beyond the reasonable control of the company shall be at liberty to cancel or suspend the order placed by the customer without incurring any liability for any loss or damage arising therefrom. While the company will endeavour to delivery this goods by any date or within any period agreed upon such dates and period are estimates only given in good faith and the company will not be liable for any failure to deliver by such a date or within such a period. Moreover the company shall be entitled to defer delivery until all monies due from the customer have been received.
For the purpose of paragraph 4 and this paragraph 5 the goods shall mean the whole or any instalment of the goods which the company has agreed to supply or to which the company has agreed to carry out work and the relevant date shall be the date on which The company despatches the goods or The date on which the goods being ready for delivery, delivery is postponed at the customers request whichever shall first occur. Unless otherwise specified in writing by the company payment shall be made by the customer net cash not later than 30 days from the date of invoice. Time for payment shall be of the essence of the contract. Without prejudice to any other rights of the company interest will be payable on all overdue accounts at Barclays bank plc base rate plus (3%) and for the purpose of paragraph 6 & 8 hereof the full purchase price of the goods shall include any interest payable hereunder. The customer shall not be entitled to withhold or set off payment of any amount payable to the company under this or any other contract by reason of any dispute, which it may have with the company.
DEFAULT
If the customer shall fail to make any payment when it becomes due or shall enter into any composition or any arrangement with his creditors or it being an incorporated company shall have an administrative receiver or administer or appointed or shall pass a resolution for winding up or a court shall make an order to that effect. If there shall be any breech y the customer of any of the terms and conditions hereof the company may defer or cancel any further deliveries and treat the contract of which these conditions form part as determination but without prejudice to its rights to the full purchase price of goods delivered and damages for any loss suffered in consequences of such determination but without prejudice to its rights to the full purchase price of goods delivered and damages for any loss suffered in consequences of such determination. Cancellation by the customer will only be accepted at the discretion of the company and in any case on condition that any costs or expenses incurred by the company up to the date of cancellation and all loss or damage resulting to the company by reason of such cancellation will be paid by the customer to the company forthwith. Acceptance of such cancellation will only be binding on the company if in writing. A charge will be made for any costs incurred by the company due to the suspension or deferment of any order by the customer or in the event that the customer defaults in collecting, or giving instructions for the delivery of the goods.
RETURNS POLICY
We want you to be happy with the goods you have purchased from us. You may return any goods to us, except perishables, within 7days of the date of delivery and we will make a full refund on such goods. All returned goods must be received by us unused and in undamaged condition together with all their original parts, accessories, manuals, documentation, and packaging as well as any associated gifts or promotional items. We will deduct the cost of any missing or damaged parts, accessories, manuals, documentation, packaging, gifts or promotional items from any refund. Where the goods are not defective ( defective is defined as unfit for purpose, cosmetic imperfections do not render a product unfit for purpose ) or not wrongly delivered by us the goods must be returned to us at your cost; should we need to arrange collection of the goods the cost of the collection will be deducted from any refund. Please enclose a copy of your invoice or order to help us deal with your return quickly. When returning goods please ensure that the goods are properly packaged, insured, and that you obtain and retain proof of dispatch. We recommend that you use a delivery method that requires a signature. Risk of damage to, or loss of, goods being returned shall only pass to us at the time of delivery to us. Refunds will be made within 7 days of receiving the returned goods, subject to the conditions stated. This returns policy is your rights under the Consumer Protection (Distance Selling) Regulations 2000.
PAYMENT LOSS/DAMAGE OR NON-DELIVERY
No claim for damage in transit shortage on delivery or loss of goods will be entertained unless the customer shall have given to the company written notice of such damage shortage of loss with reasonable particulars thereof within 3 days of receipt of the goods or (in the case of total loss) of receipt of the invoice or other notification of despatch. The company’s liability if any shall be limited to replacing or (in its discretion) repairing such goods and it shall be a condition precedent to any such liability that the customer shall if so requested have returned damaged goods to the company within 14 days of such a request. The customer shall not be entitled to make any claim against the company for consequential loss arising out of such damage shortage or loss as aforesaid. Save as otherwise provided in theses conditions the company’s liability in respect of any defect in or failure of goods supplied or work done is limited to replacing or (in its discretion) repairing or paying for the repair or replacement goods which within 14 days of delivery to the customer are found to be defective by reason of faulty workmanship parts or materials and in the event of any error in weight dimension capacity performance or other description which has formed a representation or is part of a contract the company’s liability in respect of any direct loss or damage sustained by the customer a as result of such error shall not exceed the price of the goods in respect of which the description is incorrect. The company shall not be liable under these conditions unless the customer. Shall have given to the company reasonable notice of the defect failure or error within 14 days of delivery for faulty workmanship parts or materials or upon the error becoming apparent to the customer in relation to errors in weight dimension capacity or performance and Shall have either returned the goods to the company or provided authority for the company’s servants or agents to inspect them, as the company may request. The company shall have no other or further liability in respect of any direct or consequential loss or damage sustained by the customer arising from or in connection with any such defect failure or error as aforesaid.
Clause 7 (b) shall not apply where the goods supplied under any contract have been altered in any way whatsoever or have been subjected to misuse or unauthorised repair or have been improperly installed or connected or where the customer has failed to observe any maintenance requirements relating to the goods. Where the company agrees to repair or replace goods in accordance with the foregoing provisions of this paragraph any time specified for delivery under the contract shall be extended for such period as the company may reasonably require. All goods sold by the company are supplied with the benefit of the terms implied by section 12 of the sale of goods act 1979 and where the customer is not dealing or holding himself out as dealing in the course of business sections 13,14, and 15 thereof. Subject thereto and whether or not the contract is a contract of sale all other conditions warranties and other terms express or implied statutory or otherwise are expressly excluded save insofar as contained therein or otherwise expressly agreed by the company in writing PROVIDED that if and insofar as any legislation or any order made there under shall make and have it made unlawful to exclude or purport to exclude from the contract any terms or shall have made unenforceable any attempt to exclude any such term the foregoing provisions of this paragraph will not apply to any such term. Save as herein before provided and subject to the provisions of section 2(i) of the unfair contract terms act 1977 the company shall not be liable to the customer for any damage or for any direct or consequential loss incurred by the customer in consequence of any negligence on the part of the company or negligence or wilful default on the part of its servants or agents in or in connection with the supply of any goods or the design or manufacture thereof or in the carrying out of any work.
GENERAL LIEN
The company shall have a general lien over all goods and property of the customer (whether worked on or not) in the possession of the company for all unpaid debts due from the customer and the company reserves the right upon the expiration of fourteen days notice to dispose of such goods or property and to apply the proceeds of sale (net of costs of sale) towards the payment of such debts.
Unless otherwise agreed in writing by the company all tools dies and patterns made by the company for the purpose of executing the customer’s orders shall remain the property of the company notwithstanding any charge made to the customer in respect thereof. In the event of the customer providing any tool die or pattern to the company the company’s acceptance thereof shall not be taken as an admission as to its fitness for such purpose.
RETENTION OF TITLE
The following provisions shall apply to all contracts other than international supply contracts as described in section 26 of the unfair contract terms act 1977 and to all goods which under the contract the company agrees to supply to the customer. No failure by the company to enforce strict compliance by the customer with such provisions shall constitute a waive thereof and no termination of the contract shall prejudice limit or extinguish the company’s rights under this paragraph.
Upon delivery of the goods the customer shall hold the goods solely as bailee for the company and the goods shall remain the property of the company until such time as the customer shall have paid to the company the full purchase price of all goods or services supplied under the contract or any other contract. Until such time the company shall be entitled to recover the goods or any part thereof and for the purpose of exercising such rights the company its employees and agents where approximate may enter upon the customers promises and any other location where the goods are situated. Before payment in full is made the customer shall be entitled to use the goods in the normal course of its business but on the condition that the property in the goods or any articles manufactured from or incorporating the goods shall vest in the company and the customer shall notify any sub customer of the fact that the customer is not in a position to pass title to the goods until such time as the conditions herein contained may have been satisfied by payment. Before payment in full is made the customer shall have power to resell the goods or any articles manufactured from or incorporating the goods as provided in sub-clause. Hereof (as principal towards the sub-customer but as agent between the customer and the company) and whether or not payment has become due under paragraph 5 hereof. The company shall accordingly be entitled to receive all of the proceeds of the sale thereof. The customer shall maintain all appropriate insurance in respect of the goods from the date or dates on which the risk therein passes to it. In the event of any loss or damage occurring whilst the goods remain the property of the company the customer shall immediately on receipt of the insurance monies remit to the company the full purchase price of the goods lost or damaged. The licences granted under sup paragraphs (2) & (3) above shall be terminable forthwith at any time upon notice by the company to the customer. In the case of international supply contracts property shall pass to the customer on delivery. The directors of the customer hereby guarantee on a joint and several base the performance and discharge by the customer of all its obligations hereunder.
EXPORT
Where the goods are to be exported to the customer outside the United Kingdom: -
The Uniform Laws on International Sales Act 1967 shall not apply to the contract. The payment will be in pounds sterling in England. The customer will establish and maintain in favour of the company an irrevocable and confirmed letter of credit in English with a UK clearing bank payable on drafts drawn on sight upon presentation to the bank by the company of a certified copy of the company’s invoice. Such letter of credit shall be established at lease 30 days prior to anticipated shipment date of the goods and shall cover the full price of the goods (including applicable taxes) and such letter of credit shall be divisible. All bank charges and other expenses in relation to the letter of credit shall be for the customers account. The goods shall be sold F.O.B or C.I.F. at the option of the company and the company will be under no obligation to give the customer notice as specified in section 32(3) of the Sale of Goods Act 1979. STATUTORY RIGHTS These conditions shall not affect the statutory rights of a conditions shall exclude or restrict any liability that the company may have by virtue of the customer Protection Act 1987.
The proper law of all contracts with the company shall be English law, which shall govern in all respects the construction and effect of such contracts and of these conditions. The customer agrees that in the event of any dispute arising out of the contract or the performance thereof it will submit to the jurisdiction of the English Courts.
 |
 |
 |
 |
 |
ALL RIGHTS RESERVED ©2008 MY ESPRESSO LTD : EMAIL: INFO@MYESPRESSO.CO.UK TELEPHONE: 02476 367476