DEFINITIONS – In these Terms and Conditions: -
The Company means E & E Accessories Ltd registered number 02746748 whose registered office is at Unit 24, Red Lion Business Park, Red Lion Road,Tolworth, Surbiton, Surrey KT6 7QD.
GDPR means the General Data Protection Regulation (Regulation (EU) 2016/679).
DP means the Data Protection Act 1998 and/ or whatsoever other data protection laws are applicable by inclusion/ amendment.
Confidential Data means whatever form of information generated and or made available by the Company or associated parties relating to the contract.
Seller means E&E Accessories Ltd
Buyer means the customer who purchases goods from The Company
- Intellectual Property
This site is owned and operated by E&E Accessories Ltd. (E&E)
All E&E products are subject to continuous development & improvement – we therefore reserve the right to alter technical specifications without prior notice.
- Limitations of Liability
While E&E endeavours to ensure the accuracy of information and materials on the website, E&E provides no representations or warranties of any kind, either express or implied, regarding the materials and information contained on its website. Accordingly, to the maximum extent permitted by law, E&E accepts no responsibility, and excludes all liability, for damage and loss which may be suffered by any other party as a result of using or in connection with such use or loss of use of this website. (Including but not limited to loss of profit, loss of opportunity, and loss of business, indirect damages, incidental damages or special or consequential loss).
- Rights of Access
Your right to use the website is not transferable. Any password or right given to you to obtain information or documents is not transferable.
- Availability
E&E cannot guarantee uninterrupted access to this website (which may be affected by conditions and performances outside E&E’s control), or the sites to which it links. E&E may at any time modify or interrupt all or part of the site in order to perform maintenance, improvements or changes, and accepts no responsibility for any damages arising from the loss of use of information.
- Links
Links are provided for information and convenience only. E&E cannot accept responsibility for the contents or reliability of sites linked to, or the information found there. A link does not imply an endorsement of a site; likewise, not linking to a particular site does not imply lack of endorsement. E&E encourages organisations and individuals to create hypertext links to its website without the need to request permission to do so. Be aware that specific page URL addresses are subject to change without notice.
- Use of images/pictures
E&E has provided some high quality pictures of its product range. To avoid our pictures being used unauthorized by our competitors, we protect our product photos by visible watermarking. Permission can be granted to customers to reproduce product photos and their related specifications on application by the customer.
All other rights are reserved.
- GENERAL – (a) Quotations for and acceptance of all orders are subject to the Conditions of Sale and shall govern the contract to the exclusion of all other Terms & Conditions. (b) No addition to or variation from these Terms and Conditions shall have an effect unless the same are expressly accepted by the Company in writing by the hand of a director of the Company. (c) The Conditions represent the entire agreement and understanding of the parties and supersede any prior agreements, representations or undertakings.
- PRICE – (a) The price of the goods will be as provided by the Company either by quotation or by current published prices, and are confirmed to the Buyer in the Company’s invoice/on the website. (b) The Company reserves the right to vary from the price quoted to the extent that such variation is required to cover increases in the costs of supplying the goods between quotation and delivery to the Buyer. Prices at the date of delivery shall therefore prevail.
- PAYMENT – (a) Payment can be made by using a PayPal account or any major credit/ debit card. (b) By placing the order you agree to the order amount to be charged to your PayPal account or credit / debit card. For existing credit approved customers payment shall be made within 30 days of invoice. (b) All prices quoted/ shown are exclusive of VAT, carriage, insurance, packing and all other duties, taxes or levies required to be paid under the terms and conditions of sale.
- PACKAGING – (a) The Company shall arrange packing of the goods, suitable for transportation. (b) Any special requests for handling, packing or transportation are required to be made by the Buyer in writing by e mail.
- EXAMINATION OF THE GOODS – The Buyer shall inspect and shall be deemed to have inspected the Goods immediately upon delivery thereof and time being of the essence shall within 3 days from such delivery give notice to the Company of any shortages or surpluses in the Goods, or of any damage to the Goods incurred during transit and of any other fact or circumstance rendering the Goods to non-conform to the conditions of sale under which they were delivered. Subject to the provisions of paragraph 8 below, if the Buyer shall fail to give such notice the Goods shall be presumed to be in accordance with the conditions of sale and the Buyer shall be deemed to have accepted the Goods accordingly.
- WARRANTY AND LIABILITY – (a) The Company does not warrant the suitability of the Goods for any use or purpose except where such use or purpose has been declared to the Company in writing and expressly confirmed by the Company in writing. (b) If the Buyer claims that any of the Goods delivered are defective, the following shall apply. (i) The Buyer shall have no claim against the Company in respect of defects in the Goods unless such defects are notified to the seller in writing within 30 days after the date of delivery. (ii) In respect of defects in the Goods arising solely from faulty materials or workmanship the Company shall at its option either repair the Goods or supply replacement. (iii) The Company shall have no liability in respect of any defects in any Goods, which have undergone any process after delivery. iv) Paragraph 12(a) above sets out the Company’s entire liability in respect of the Goods and the Company’s liability under this paragraph shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the quality or fitness for any other particular purpose of the Goods. The Company shall have no liability for any consequential loss suffered by the Buyer in respect of the Goods.
(v) The liability of the Company in respect of defects in the Goods is limited to the price of the Goods in question.
- RISK & PROPERTY – (a) Risk in the goods passes on delivery. (b) Title in the Goods will not pass to the Buyer until payment in full of the invoice/ online. (c)Where the Buyer sells Goods on to a third party title will pass immediately before the Goods are delivered to such third party. (d) Where Goods are attached to, or incorporated in any other goods, or altered, title will not pass by virtue of such attachment or alteration, where the Goods can be detached or removed. (e) The Buyer is required to store the Goods supplied separately from any other goods in its possession until title has passed in accordance with sub-paragraph (b) and (c) above. (f) If the Buyer is overdue in payment for the Goods or any other Goods supplied by the Company, the Company may recover and sell the Goods. The Company shall be entitled to take possession of the goods and is hereby granted a license to enter the Buyers premises for such purpose and may, if necessary, detect or remove the Goods from the other goods or equipment. This will not affect any other right the Company may have against the Buyer. (g) Under-payment of the Goods and all other goods which are supplied under these conditions; (i) the Buyer shall hold the Goods upon trust for the Company; (ii) if the Goods are sold the Buyer shall hold the proceeds of the sale on trust for the Company in a separate bank account specifically designated for this purpose; (iii) the Company reserves the right to trace the proceeds of sale received into any bank or other account which the Buyer maintains; (iv) the Buyer may not, without the Company’s express written consent, assign to any other person any rights arising from a sale of the Goods; (vi) If the Buyer incorporates the Goods into, or uses the Goods for manufacturing of other goods, before payment in full price, the Company shall be entitled to take possession of the new goods and is hereby granted a license to enter the Buyers premises for the purpose of recovering the new goods. The Company shall be entitled to sell the new goods (subject to any third party rights therein) and shall retain from the proceeds of the sale the amount due to the Company for the Goods and pay any balance remaining to the Buyer.
- STORAGE – (a) The Company shall levy a storage charge to the Buyer for all Goods stored by the Company within one month of the following; (i) the Buyer failing to collect the goods from the Company’s premises following written notification of availability for collection; (ii) the Buyer failing to take delivery of the Goods or failing to make arrangements for delivery upon written notification of readiness for despatch.
- ALTERATIONS/MODIFICATIONS – The Company may make such alterations to or modifications it deems necessary to the Goods or their manufacture without notice to the Buyer from time to time.
- NOTICES – All notices to be given under the condition of sale shall be given by prepaid first class post or facsimile to the registered office or principle place of business of the party to be notified and shall be deemed to have been delivered if by a letter at the expiration of 48 hours after posting and if facsimile on receipt.
- TERMINATION – Without prejudice to any other remedies the Company may have against the Buyer, the Company may terminate the current conditions of sale on notice to the Buyer, upon the Buyer becoming bankrupt or insolvent or upon a resolution to wind up the Buyer being passed or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all Goods supplied and unpaid for, in accordance with Risk & Property.
- FORCE MAJEURE – The Company shall be entitled to cancel the conditions of sale or reduce the quantity of Goods to be provided if it is prevented from providing the Goods through any circumstances beyond its reasonable control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, and will not be liable for any lost or damage incurred whatsoever arising there from.
- GDPR & DP- (a) The Company may use Buyer data to decide/ evaluate offers, product prices, customer satisfaction business plans. However the Company shall assure that these data shall only be used and processed by trained staff within the Company. Buyer data is Buyers’ privacy and such valid assets shall not be passed on to a third party under any circumstance unless ordered by governing law. (b) The data shall be stored in the Company’s IT system or locked safely based on the Company’s risk assessment and risk mitigation. (c) Buyer Data shall be held with the Company until the valid relationship lasts or the Buyer shall appeal for deletion. (d)According to the GDPR regulations the data subject shall have the right to request the data that the Company hold about the Buyer (Subject to access request). Should you require a copy of the information E&E hold on you please write to the above Company address. The Buyer has the right to charge for this service. (e) If the Buyer feels the data the company hold is inaccurate we shall be obliged to correct it.
(f) If the Buyer feels it is unnecessary to keep the data, the Buyer shall have the right to request to delete the data that the company hold. (g)The GDPR claims that the Buyer shall have the right to object to the processing of data. (h) If the Buyer has any concern on the way the company handle data, the Buyer shall have the right to complain to the Information Commissioner’s Office (ICO).
- GOVERNING LAW – The Terms and Conditions of Sale shall be governed by English Law and shall be subject to the exclusive jurisdiction of the High Court in England.