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1. Important:
1.1 These Terms of Sale set out the
agreement to You (“You” ,”Your” ,“Yourself” or “Purchaser”) and Mr Wayne Sadler
(“I” ,”Me” or “Myself”), You must read and by proceeding with Your purchase, it
will be deemed You have accepted the terms & conditions of sale. If You do not
accept these terms, You may not proceed with bidding or purchase of the item (s).
1.2 These terms and conditions say
how, I Mr Wayne Sadler, will trade with You, the purchaser / consumer. I hope
the terms and conditions has been written so that everyone is perfectly clear
about what they are doing and know what is to be expected of them. The terms and
conditions say under what circumstances of trade, the buying and selling of
goods and services, will take place between You the Purchaser and I Mr Wayne
Sadler.
2. Auction Page Description:
2.1 Photos shown in the auction
page, are for illustration only and does not imply this is what You will
receive.
2.2 All written text within the
auction is subject to E&OE (Errors & Omissions Excluded) which I will not be
legally bound.
2.3 The purchase of goods or
services forms a contract under the Sale Of Goods Act 1979 Section 2 (1). This
is reiterated in Ebay's policy's
here.
3. Basis of Sale Contract:
3.1 I aim to trade in a legal and
fair way that is easily understood by all the people concerned. Nothing is
designed to limit what You are legally or even reasonably entitled to. I will
supply You with goods and services providing they are in stock. In advertising
of my goods and services, I provide the opportunity to enter into trade with
myself Mr Wayne Sadler to which is making an offer of contract. This is a
legally binding process through which we can trade together. In placing an order
with myself, it is understood that You wish to trade and accept the contractual
terms. There are certain exceptions and provisions and it is these that this
document seeks to define.
4. Prices
4.1 If You Make an Offer which has
been accepted or a Fixed Price which may be advertised on a listing may or may
not have the postage incorporated, if the postage has not been incorporated then
this will be subject to section 4.3 & 7.1.
4.2 Where by the cost of the item
is requires & is subject to section 4.3, if the cost of postage is not
pre-incorporated into the cost at the close of auction, You will be subject to
section 7.1 if section 4.3 is not exercised.
4.3 Collection of item is subject
to section 7.1. Freight transportation & carriage charges may be in addition to
the end of auction price, fixed price or where an offer has been agreed, as a
remedy to ensure the consignment is receive by You. The cost of any additional
charges will be added to create a new gross total to be charged to you. If you
fail to accept this You will be defaulted to subject to section 7.1.
4.1 The “Buy It Now” price
advertised on a listing is the price You will pay for an item, unless a “Make an
Offer” has been sent and accepted by myself by which section 4.3 may need to be
added to this cost.
4.2 The close of auction price is
the price by which section 4.3 needs to be added, unless shipping and handling
has already been incorporated into the cost, or may be subject to section 7.1 if
section 4.3 is not exercised.
4.3 Shipping & Handling or charge
for collection is in addition to the Buy It Now, Make an Offer or Auction price
and will be added to make a grand total which will create a new gross amount to
be paid.
4.4 Once any payment has been
processed and paid in full to Me, any due or outstanding fee’s to a third party
will settled within 14 days of receipt, as such there will be no circumvention of
fee’s.
5. Purchasing:
5.1 Please ensure that You read
these terms and the auction page carefully and check that the details on the
order are complete and accurate, before You submit the order.
5.2 As stated at the top of the
auction page below the price it clearly states there is “No Returns” meaning
that no item will be accepted as a return, upon which You agree.
5.3 Once You have committed to the
purchase of the item, You accept there is no cancellation or return by law, even
if the consignment has not made transit or in transit thereafter.
6. Payment:.
6.1 You must make payment within
three days of the date of purchase.
6.2 If You fail to make payment
unless otherwise agreed in writing would mean at non-payment requested will be
submitted to Ebay, to which Ebay will raise a strike against Your account for
non-payment.
6.3 Most accepted method of payment
is PayPal.
6.4 E-cheque’s paid via PayPal are
not accepted.
6.5 Items collected are to be paid
by cash on collection by You only.
6.6 Payments by cheque or postal
order are used as a last resort of payment only and cheques require 7 day
clearance after being presented, after which Your consignment can then be
dispatched.
6.7 Bankers Drafts are not accepted
as method of payment.
6.8 You my only pay cash in
sterling GBP as an exception upon collection of an item, if I approve it subject
to section 7.1.
6.9 If You become a non-paying
bidder, You will be subject to section 6.10.
6.10 You accept that legal action
may be taken against You as form of remedy for all monies outstanding.
7. Collection:
7.1 On the rare occasion You may be
permitted to collect in person, the exact payment in cash will be expected on
collection, which may be subject to a charge on top of the price item advertised
in the auction.
7.2 I reserve the right to refuse
personal collection at any time to which the item then must be shipped, all
costs for shipping and handling will therefore be applied stated in section 10.1
and You accept this in addition to the purchase cost of item in the auction,
with payment to be made by You the purchaser within 3 days of the decision, then
the item will be shipped which is subject to section 8.6.
7.3 Items price will not be reduced
because the item has been collected in person by You and is subject to section
7.1, the full price advertised will still be required to be paid in full.
7.4 If a collection in person is
greed an appointment must be made prior to collection, this may be cancelled at
any time by myself.
7.5 All items collected must be
paid in cash GBP Sterling in full at the time of collection.
7.6 I reserve the right to charge
for any failed or delay and rebooked collection’s, failure to collect will be
charged at £50 per session that has not been completed.
7.7 All or any item not collected
by You, will be subject to a recurring charge of £10 per day, You will be
subject to section 6.10.
7.8 Any items currently in storage
on a different location will require dispatched by default.
8. Dispatch Times:
8.1 I aim to ship Your order as
soon as possible upon Receiving Cleared Payment, on a working day and not when
You won or purchased the item.
8.2 There will be no time
constraint for me to dispatch any item in any given time frame and all times
offered on the Ebay website are an estimated guide, as some elements of
dispatching are beyond my control; for example courier collection times and
delays.
8.3 The following days; Saturday,
Sunday and Public Holidays there will be no such service therefore not to be
construed as a working day for myself, to which You accept the first opportune
moment will be the next available working day, however this will be subject to
section 8.6.
8.4 Combining consignments for
shipping is not available in general; this is because it is not always possible
or ethical for this to be completed because the postage cost is directly
proportionate to the parcel weight on every gram, as such you will be charge the
full price.
8.5 You agree to observe the
dispatch times, to which the auction as these are subject to change without
notice.
8.6 You agree You will not hold me
accountable for any delays is dispatching of you item, nor relay this
information through the Feedback Forum, as it will be subject to section 16.1.
9. Shipping Address:
9.1 You will have Your item shipped
to the confirmed PayPal Address only!
9.2 To comply with the PayPal
policies; address variation request via email will not be accepted. If You
decide to have the item shipped to an alternative address other than the
confirmed PayPal address, payment will need to be paid via cheque or postal
order, which will be subject to section 6.6.
9.3 It will be the responsibility
of the You the purchaser to ensure they arrange receipt of the item even though
it may not be shipped to the desired address through error. There will be no
refunds or cancellations for this reason, You also accept not to leave any
positive, neutral or negative feedback in respect to this, the purchaser accepts
the cost of damages laid out in section 16.1.
9.4 Note’s (comments) in PayPal
will not be accepted.
9.5 Parts of Ireland & The Channel
Islands are not class as part of the UK mainland as such will not be eligible
for free shipping where it may apply, as such I reserve the right to charge for
the shipping and handling under section 10.1 should Your item be following
postcodes in section 9.7.
9.6 Where offered Free UK postage does not apply to section 9.7.
9.7 IV , HS , KA27-28 , KW ,
PA20-49, PA60-78 , PH17-26 , PH30-44 , ZE , BT , IM , TR21-25.
10. Packaging & Labelling:
10.1 You are duty bound to pay for
any shipping or handling incurred that may be required to ensure the consignment
may be dispatched in a secure manner. I reserve the right to change courier &
upgrade the postage at any time without notice to Yourself, further charges may
apply.
10.2 I will send the goods ordered
by You the purchaser, to the address You supply Ebay which is a confirmed
address by PayPal, which also forms part of the legally binding contract.
10.3 You are expected to receive
the consignment in good time so that they do not deteriorate, I cannot be held
responsible for delays by the level of service upon which You selected. The onus
is upon You to request a level of service if not currently presented.
10.4 Should You require a next day
delivery this should be arranged or selected prior to committing to Your
purchase.
10.5 Loss or damage caused by a
delay that You are responsible for will be at Your risk and cost.
10.6 I will pack and label the
consignment so as to comply with all the legislation and requirements.
10.7 You also accept You will
receive the goods as arranged and not break the trust I place in You by failing
to make arrangements. |
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11. Transit Time:
11.1 You accept that the transit time can vary considerably based on the
destination, method and courier all of which are beyond my control to which You
will not hold me accountable.
11.2 You will excise section 12.4 prior to which You will allow up to 14 days
before reporting an item as missing or item not received, to myself or the
courier.
12. Receipt of Consignment::
12.1 Your item may require a signature to confirm that You have taken receipt of
the consignment.
12.2 If the item does not have a signature the consignment will be deemed as
being received by and accepted by You, which is classed as standard delivery
which is without a Tracking Reference Number.
12.3 Your signature confirms that You have checked and accepted the consignments
contents are as they should and free of damage upon receipt.
You will not pursue any claim or request a refund through PayPal from myself
thereafter, as the item will be deemed accepted by You.
12.4 For any reason if You are unavailable to accept the parcel, then the parcel
will be held at Your local Mail sorting office of the courier that was used and
will be waiting for collection by You, to which You will be liable under section
12.5. Note: Royal Mail only holds such mail for a mail for 18 days, however the
Royal Mail need 2 days to process a redelivery, which means You in effect have
only 16 days to collect Your consignment.
12.5 In such advent where by an item is not collected, You accept the
responsibility for the full cost of the item and postage to Yourself, to which
there will be no refund as there is no returns available, which is clearly
stated in the auction and under section 13.1.
13. Returns:
13.1 As stated at the
top of the auction page below the price it clearly states there is “No
Returns” meaning that no item will be accepted as a return by You.
13.2 I reserve all
rights to refuse any return.
13.3 Once You have
committed to the purchase of the item You accept there is no cancellation
available thereafter.
13.4
Clear photographic evidence will be required of the item (s) & label of packaging
prior a return even being considered. In such event that I have accept or requested a return of the
consignment this must be in the same condition as it was shipped in & returned within 14 days of the dispatched date.
13.5 Any refund will be
to You given as: Merchandise Credit less the shipping and Ebay fees.
13.6 In the event that I
accept total responsibility a full refund will be given subject to section 13.7.
13.7 In the event the
You return an item that was not in the condition upon which it was dispatched to
you in, You will be liable under the Fraud Act 2006 Section 2 (1) b (ii) (A Criminal Offence).
13.8 Should You ship an
item for return that has not been accepted as a return, You understand that
there will be no refund and
You agree to transfer of title to myself occurs without charge allowing me to do as I will with the item.
13.9 You agree that upon
sending a message by electronic means stating that I can retain the item, I will
be then be able to do as I will with the item there after and You will wavier
all rights of possession of this item and title of is therefore transferred to
myself.
13.10 You accept that
all live or perishable goods are non-returnable upon taking receipt on not.
13.11 You accept that any unauthorized returns not accepted by myself or upon
cancelling a transaction under any circumstances, You forfeit the right to
purchase from me in the future.
13.12 You accept were an item has been used tried or tested why in your
possession, item
will be deemed as used by You which means the item becomes second-hand from new
& third-hand from second hand to which
there is no refund or return available to You period.
13.13 If a replace is received by You, you will actively seek close any opened
cases & to have any feedback removed which falls under section 16.3 left by
Yourself.
14. Claims:
14.1 Any false claim to
Me
or the courier will be subject to the Fraud Act 2006, which will be reported to
the Police as a criminal offence.
14.2 An item is not normally deemed as lost until 14 days after the dispatch
date.
14.3 You accept not to leave damaging results under the Detailed Seller Ratings
or under the feedback forum for items that have been delayed in the post, else
You will be subject to clause section 16.3.
15. Feedback:
15.1 Once You have received Your consignment, please leave Your respective
feedback within 30 days, this show’s and also confirms to myself You have
received the item.
15.2 I will respond to Your feedback in my own time, this is normally done in
bulk at the end of the month to those that have already left feedback, miss the
30 day time frame and You will not receive any feedback from myself.
15.3 Should you leave Negative or Neutral Feedback prior to dispatching of the
item, I reserve the right not to proceed with the transaction and You agree to
send a cancellation notice, to which the transaction may be submitted to Ebay or
authorities for further investigation.
15.4 If a feedback resolution is not available then the courts
be used as a remedy to have the comment removed, with
fees You are willing to accept all costs incurred.
16. Damages:
16.1 You the purchaser are by no means prohibited or restricted from leaving a
comment within the Positive, Negative or Neutral forum, however you accept that
I reserve the right to bring a claim against You in respect to your comments
made, where by a fee under section 16.3, already pre-determined and presented
before You committed to the purchase, upon which forms a legally binding
contract.
16.2 The fees for You incur are clearly stated and are set at £500 per day,
which recur on a daily basis, the fee commencement time from is from when the
comment or rating is posted online.
16.3 A fee of £500 per day is the fine that will be imposed upon You the
purchaser for any Positive, Negative or Neutral comments left that have an
adverse & damaging impact of any new custom, and this also includes poor scoring
under the Detailed Sellers Rating (DSR) scheme.
16.4 If you leave a Positive, Negative or Neutral feedback in respect of this
transaction a £500.00 fee per day (£182,500.00 Per Year), You will be charged
for damages in respect of all calumny, libel, defamation of character left &
implied by the (You) purchaser.
16.5 You may be offered a free remedy to using the feedback revision process
subject to availability, however this is not always available to the limits
placed by Ebay, should you refuse the feedback revision process then it will be
deemed you accept to pay the fee’s laid out in section 16.3.
16.6 Anything published maliciously by You will be deemed as malicious
falsehood, all financial losses will be brought against You as a claim.
16.7 You will also be liable for the fee set out in section 16.3 should there be
damaging information provided under the DSR rating within Ebay.
16.8 Should you leave a comment that is not left in a positive manner, You
forfeit the automatic right to purchase from me in the future.
16.9 You agree to pay an admin fee of £40 per correspondence that You require
a response to from Myself, or any correspondence or communication to any third party
that is needed to resolve any issue relating to the transaction between Us.
16.10 You agree to pay a fee of £500 in respect to any individual transaction
you have undertaken when you have breached the terms of this agreement under
section 21.3.
16.11 You agree that you will be charged at a rate of £120 per hour for myself
and any additional attendees having to attending court prior and during the
court process consisting of a hearing or trial. Solicitors fee’s will be in
addition to this.
17. Local Tariff & Taxes:
17.1 If Your country charges
for any import tariff or taxes, it is your responsibility as a citizen to pay
for it.
17.2 I will not be liable if
Your country custom department detains Your parcel.
17.3 I will not be held liable
if your consignment containing your item is damaged, lost or destroyed by your
countries customs.
18. Communication:
18.1 You the purchaser accept
to be contacted via message forum, email, telephone and by standard mail so as
to resolve any matter at hand, so that additional content may be sent to You.
This will be used to find a remedy.
19. Data Retention:
19.1 I reserve the right to
retain all information in regards to the transaction and You the purchaser.
20. Cancellation:
20.1 You agree as per the terms
of the auction that there are no returns available as stated in section 13.1.
20.2 I reserve the right to
cancel the transaction at any time and upon my request you will accept to send
over a cancellation should I wish you to cancel the transaction.
21. General:
21.1
If any condition in this document is found to be illegal or otherwise invalid
I will remove it immediately. Removing
one condition, however, does not invalidate any of the other conditions by which
we trade. Upon placing your purchase, You the (Purchaser) hereby agree to the
above terms & conditions which when required will be exercised through the
English Law Courts to find a remedy.
21.2 You agree that you will not pursue me any
financial
compensation or take any form of legal action against myself.
21.3 In such events whereby you may have caused distress through either the
feedback form, communication, return or where I have clearly informed You not to
purchase form me, please consider yourself & anyone in connection to Yourself
(Family, Relatives & Friends) to be barred from purchasing from myself again
upon which You and those connected to You are subject to clause section 16.10.
21.4 No warranty of guarantee is offered on any item once You have purchased
from myself & taken receipt.
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