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TRADE TERMS AND CONDITIONS OF SALE
General These conditions apply to the contract between Bondeye Optical Ltd ( us and we ) and the company to whom we sell goods ( you ) and they apply to the exclusion of any other express or implied conditions . These conditions together with your order in the form accepted by us constitute the entire agreement between you and us and supersede any previous agreements , promises , representations or understandings . No variation of these conditions shall be effective unless it is in writing and signed by us . Any order issued by you is subject to acceptance by us and a valid contract is only formed when we accept your offer to buy our goods .
Price and Payment Advertised prices and our published price list should be used as a guide only . In most cases the price of the goods shall be the price set out in our published price list on the date the goods are despatched to you , save that we may increase the price of the goods at any time before despatch to reflect any increase in the cost of the goods due to any factor beyond our control , including foreign exchange fluctuations and increases in manufacturing costs . Prices are exclusive of VAT .
All first orders must be paid for in advance . If we approve a credit account in your name , we shall invoice you for the goods and all invoices shall be paid by you in full and cleared funds and without setoff within 30 days from the end of the month in which the goods were invoiced . Time of payment is of the essence of this contract . If any payment is overdue , we shall charge interest on the sum that is owing at the rate of 4 % a year above HSBC Bank Plc ’ s base rate , which shall accrue on a daily basis from due date until payment . Where any sum is overdue , we may also suspend further deliveries of goods to you .
Any credit limit applied to an account is at our sole discretion and we reserve the right to cancel or amend a limit previously given .
Promotional Documentation We make every effort to ensure the information on our website and in our catalogues , price lists and other promotional material is accurate . However , these documents are for your guidance only and the details contained in them shall not constitute representations by us and we shall not be bound by them .
Special Offers For the terms relating to our special offers , see our Special Offers terms on our website at https :// www . bondeyeoptical . co . uk / terms-and-conditions
Title and Risk Risk in the goods shall pass to you on delivery to you or any carrier acting on your behalf . Title in the goods shall pass to you when we receive payment in full for those goods and any other goods we have supplied to you in respect of which payment has become due .
Delivery We shall make every effort to despatch the goods in accordance with our estimated despatch date but any delivery times we specify are estimates only . Time of delivery is not of the essence of this contract and we shall not be liable to you for any loss or damage you suffer as a result of our failure to comply with specified delivery times . For further information on delivery , see the full delivery information on our website at https :// www . bondeyeoptical . co . uk / delivery-information . For international orders , you must call us for an individual quotation .
Warranty We warrant that on delivery and for a period of 12 months after delivery , the goods shall : conform in all material respects with their description , be free from material defects in design , material and workmanship and be of satisfactory quality within the meaning of the Sale of Goods Act 1979 . Some goods may have a longer warranty period and if this is the case it will be specified in that item ’ s description in our catalogue . If the goods have a shelf life which is shorter that 12 months , the warranty period will be the stated shelf life .
Returns You must speak to us before returning any items A Return Merchandise Authorisation ( RMA ) request form must be completed prior to shipping goods back to us . If a return is appropriate and approved we shall raise an RMA number and send you the RMA form , which must be completed and sent back with the goods , with the RMA number printed clearly on the return packaging . We shall ( at our option ) replace or repair , free of charge , any goods which are returned by you to our premises using the method of return delivery service which you agree with us in advance , and which are shown to our reasonable satisfaction to be defective ( under normal use and provided they have been used in accordance with any instructions as to storage , use and maintenance ) under the terms of our warranty as stated above . Goods which are returned back to us more than 30 days after the date of invoice will not be accepted .
Any goods which are not defective but are authorised for return must meet the following criteria :
• they must not have been used or part used ( this includes kits or display stands );
• they must not have broken seals ; they must be returned suitably packaged and not marked or labelled ;
• they must visually match their original appearance and be in their original working condition ;
• they must not have been damaged or damaged in transit ,
• they must have expiry dates of a minimum of 6 months remaining .
Any returns that do not meet these criteria or have not been authorised will not be accepted and will be returned to you and you will be invoiced for the appropriate carriage charge . If you do not approve the return of the goods to you and the payment of the carriage charge within 2 months , we reserve the right to destroy the goods . You are responsible for the cost of returning any goods to us which are not defective under the terms of our warranty . For any returned goods which are not defective but in respect of which we have raised an RMA number , a 10 % re-stocking fee applies . We shall not accept any liability for shortages , damage in transit to or non delivery of goods unless you notify us in writing within seven days of receipt of goods or receipt of invoice . Bespoke products e . g . prescription swimming goggles are non-returnable unless faulty .
Please allow 30 days for credits to be processed .
Limitation of Liability Nothing in these conditions shall exclude or limit our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability , for example death or personal injury caused by our negligence . Subject to this , under no circumstances shall we be liable to you for any loss of profit or indirect or consequential loss arising under this contract and our total liability to you shall be limited to the price of the goods .
Governing Jurisdiction These conditions are governed by and construed in accordance with English law . Any disputes arising in connection with these conditions are subject to the exclusive jurisdiction of the courts of England and Wales .