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ESAW Ltd. Terms and Conditions

These are our Terms and Conditions of Sale, and in them we use certain words and expressions to mean specific things, as follows:-
"We", "us", "our", or any other similar expression, means D F Sales Limited, trading as ESAW, a company registered in England and Wales. Our company registration number is 05700537 and our registered office is at 5a Babdown Airfield, Babdown, Tetbury, Gloucestershire, United Kingdom, GL8 8YL.
"You", "your" or any other similar expression, refers to you, our customer who is purchasing products ("Goods") from us through esaw.co.uk ("our site"), subject to the following terms and conditions ("Conditions").
The expression "writing" includes, or when we use the words "writing" or "written" this is deemed to include, emails.

ACCESS AND USE OF OUR SITE

  • (1) These Conditions only apply when you buy products directly from us. These Conditions do not apply where you have purchased any products directly through a third party website, in which case any contract entered into will be entered into as between you and that third party.
  • (2) Access to our site is free of charge. We may alter, suspend or discontinue our site (or any part of it) at any time and without notice. We will not be liable to you in any way if our site (or any part of it) is unavailable at any time or for any period. Use of our site is subject to these Terms & Conditions, Privacy Policy and Cookie Policy ("Website Policies") in force from time to time, copies of which can be found on our site.
  • (3) You're not allowed to purchase, register, sign up to newsletters, or submit contact forms through the site if you're under the age of 16. In doing any of these actions you're confirming to being over the age of 16.
  • (4) We reserve the right to amend or update these Conditions or any of our Website Policies from time to time.

OUR CONTRACT

  • (5) In order to confirm your Order, you will be asked, and will need, to accept these Conditions. Our site explains how to do this. When we confirm to you in writing that we are able to provide you with the Goods, ("Order Confirmation"), the contract between you and us for the supply of Goods in accordance with these Conditions ("Contract") shall come into force. Each Order shall form the basis of a separate Contract.
  • (6) Our site will guide you through the ordering process. Please ensure that you have checked your order for Goods ("Order") carefully before submitting it to ensure that it is complete and accurate in all respects.
  • (7) Once we have accepted your Order, you cannot change the details or quantity of Goods that you have ordered without our consent. If you wish to make any other changes under the Contract, for example any delivery arrangements, you must send us details in writing or call us on our contact number; details of which will appear on our site in the "Contact Us" section. We do not have to agree to any changes. If we do agree to any change, we will let you know if this change will require us to amend the cost or timing of the supply of Goods. If you do not wish to go ahead because of the amendment to the cost or timing, or do not respond within 3 working days, we will not have to honour the change and the original terms of the Contract will continue.
  • (8) If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Goods. This might be for a variety of reasons, including (without limitation) because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified. If your Order is not accepted for any reason, we will refund you in full for any payment we have already received from you. If we are unable to accept your Order, we will not provide any compensation.
  • (9) If, due to any fault of our own, we are unable to deliver the Goods, we will offer you a full refund of what you have paid for those Goods, and any delivery charges paid, if appropriate. If, due to any fault of our own, we are unable to deliver the Goods, we will not provide compensation.

GOODS

  • (10) We may make minor changes to the Goods to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. We reserve the right to withdraw any products from our site at any time and your purchase of the Goods is always subject to availability.
  • (11) The images of the Goods on our website are there purely for illustration purposes. Although we have made every effort to display the colours and other aspects of the Goods accurately, we cannot guarantee that any illustration accurately reflects the colours of or any other aspect of the Goods. Your Goods may therefore vary slightly from those images.

PRICING AND PAYMENT

  • (12) We take reasonable care to ensure that all prices advertised on our site are correct. We reserve the right to change any prices advertised on our site and to add, alter, or remove special offers on our site from time to time.
  • (13) The price of the Goods (which includes VAT) will be the price indicated on our site when you place your Order. Delivery and shipping options and any related charges will be presented to you as part of the Order process before you place your Order.
  • (14) Payment for Goods and any related delivery or shipping charges must always be made upon entering into the Contract and you will be prompted to make such payment during the Order process. We will not deliver any Goods to you until we have received payment in full for the Goods and any associated charges.
  • (15) We shall only accept the methods of payment stipulated on our site from time to time.

DELIVERY, RISK AND OWNERSHIP

  • (16) Goods purchased through our site will be delivered as soon as reasonably practicable. We will use our best endeavours to deliver the Goods in accordance with the delivery option selected during the Order process but please note that all delivery and shipping options are estimates only and are subject to any delays caused by circumstances outside of our control. We will use our best endeavours to ensure that all Orders are sent out before the stated cut off point as shown on our delivery information page.
  • (17) If the supply of Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received and we will refund you in respect of any delivery charges which you have already paid.
  • (18) If we try to deliver the Goods to you and you fail to accept delivery of them within 14 days of the day on which we first try or on which we inform you that the Goods are ready for delivery, we shall store the Goods until we are able to deliver them. We also reserve the right to charge you for the costs and expenses that we incur in storing the Goods, including insurance. If another 14 days pass from when we begin to store the Goods and we have still been unable to deliver the Goods, we may resell or otherwise dispose of some or all of them. If we do that and sell them at a higher price, we shall pay you back any excess over the price of the Goods that you have already paid (less reasonable storage and reselling costs). If however we cannot resell them for at least the price that you had agreed to pay for them, we reserve the right to claim the shortfall from you. For the avoidance of doubt, we may engage a third party to deliver or store the Goods, and in that event this Clause equally applies.
  • (19) Unless expressly agreed otherwise with you we will only deliver Goods to addresses specified on our delivery information page.
  • (20) You will bear the risk of any loss of or damage to the Goods and you will own them from the time that we deliver the Goods to the address you gave us during the Order process.

For more information regarding our delivery details please visit our delivery information page.

OUR GUARANTEE

  • (21) If your Goods become faulty for any reason for which we are responsible within any guarantee period specified for on those particular Goods (which you will normally find on the products packaging), we shall at our option repair or replace it, or offer you a full refund (subject to any exclusions stated on that product or any of its packaging). To make a claim, please return the affected Goods to us together with your original proof of purchase. Items must be returned unused, undamaged and in their original packaging. This guarantee is in addition to, and does not affect, your rights under general law in relation to goods that are faulty or not as described. All Goods will be provided in accordance with the Contract. We will not replace the Goods under any guarantee if they have been damaged or misused in any way.

FAULTY DAMAGED OR INCORRECT GOODS

  • (22) When we deliver the Goods to you, they will match their description (as set out in the Order), be free from material defects in design, material and workmanship, be of satisfactory quality and be fit for any purpose stated by us or for which they would normally be used.
  • (23) When you receive the Goods, you should inspect them to ensure that the Goods comply with Clause (22) above. If you find that your Goods do not meet any of these standards, you must tell us this in writing within 24 hours of delivery. Our contact details can be found in the "Help" section on our site. We may ask you to return the Goods to us (at your expense) within 14 days of delivery. Once we have had a reasonable amount of time to examine the Goods, if we believe that they were faulty when you received them, we may (in our discretion) offer to replace the defective Goods, or offer you a full or partial refund. This is your sole and exclusive remedy.
  • (24) We will not be responsible for any failure of the Goods:
    • a. where the failure arises because you did not follow any instructions we gave you in relation to the Goods (such as storage or maintenance);
    • b. if you alter or repair the Goods without our written permission;
    • c. if the failure arises as part of the normal ageing process, or as a result of fair wear and tear, intentional damage, misuse, or unusual conditions; or
    • d. where the Goods differ from their description as a result of changes we have made to ensure they comply with any legal or regulatory standards.

ENDING THE CONTRACT

  • (25) As you have purchased the Goods online, you have the legal right to change your mind within 14 days and receive a refund.
  • (26) If you are exercising your right to change your mind, you must contact us to let us know. You must then return the Goods to us in their original condition within 14 days from the date on which you received the Goods. We will issue you a refund for the price you paid for the Goods together with any other payment which you made to us relating to the original delivery. Please return the Goods to us in a similar manner in which they were originally sent in order to ensure their safe return. You will be responsible for the cost of returning the Goods to us.
  • (27) Any refunds due to you will be made using the same payment method that you used when placing your Order.
  • (28) We may end the Contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Goods to you. This does not limit any other rights or remedies we may have under the Contract.

OUR LIABILITY

  • (29) We are responsible for loss or damage you suffer as a foreseeable consequence of our breaking this Contract or of our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Furthermore, our liability shall not in any circumstances exceed the price you have paid for the Goods, except where Clause (30) applies
  • (30) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, or liability for fraud or fraudulent misrepresentation.
  • (31) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of any circumstances beyond our reasonable control.

YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

  • (32) In order to use this web site, you must agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
  • (33) You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

YOUR CONDUCT

  • (34) We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not:
    • a. provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
    • b. impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
    • c. collect or harvest any data about other users;
    • d. provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
    • e. provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

HOW WE MAY USE YOUR PERSONAL INFORMATION

  • (35) We may use the personal information about you or other individuals that you provide to us in order to supply the Goods, process your payment for such Goods, deal with any customer service enquiries you may have following the purchase of the Goods and, if you agreed to this during the Order process, to inform you about similar products that we provide; you may cease receiving these communications at any time by contacting us and letting us know. We will only give your personal information to third parties without your consent where the law either requires or allows us to do so. For further information, please read our Privacy Policy.
  • (36) Where we extend credit to you for the Goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
  • (37) When placing an Order over the internet, your payment details are transmitted over a secure encrypted HTTPS network. For maximum security of our users, credit card details are never stored on our systems.
  • (38) When purchasing from us you have the option to sign up to our newsletter. The aim of our newsletters is to keep our valued customers up to date with new deals and discounts that we would not want you to miss. You can unsubscribe at any time by using the link provided at the bottom of every email. This may take up to 7 days to process your unsubscribe request. We will not distribute, communicate or publish your address to any Third Party organisations at any time.

OTHER IMPORTANT TERMS

  • (39) Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
  • (40) We may transfer our rights and obligations under these Conditions to another person or organisation. You may only transfer your rights or your obligations under these Conditions to another person or organisation with our prior written consent.
  • (41) You may transfer the benefit of any guarantee you are entitled to under these Conditions on the same terms to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from us, for example, by selling the Goods to that person or giving them the Goods as a gift.
  • (42) If a court finds any part of this Contract illegal, unlawful or invalid, the rest of it will continue in force. Each of the provisions of these Conditions operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
  • (43) If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this Contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
  • (44) These Conditions are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts.