All contracts of sale made by Sunken Trampolines Ltd (“the Company”) shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication with the party with whom the Company is dealing (“the Customer”).
1. Acceptance of Orders
All orders submitted on our web site or via any other sales channels including, but not limited exclusively to eBay, Amazon, Froogle, Kelkoo etc are acknowledged by email immediately after their submission and are subject to our express acceptance in a second email which advises of cleared payment and delivery details. No order placed by the Customer shall be deemed to be accepted by the Company until the Company issues this final acceptance email of the order to the Customer. All orders are fulfilled subject to these terms and conditions of sale unless otherwise varied by an agreement in writing. It may not be possible for us to accept orders for certain items for delivery to certain countries.
2. Carriage, Postage and Packing
Charges are made for all delivery options except where detailed otherwise and will be invoiced to customers at the prevailing rate.
By default, we will offer the lowest possible shipping rate for your destination.
Goods are invoiced at the price shown at the time of acceptance of an order. Prices shown include VAT which is payable on all goods or services delivered within the EU.
Every effort is made to update and keep current the prices shown on our web site. However the Company reserves the right to modify prices in respect of orders which have not been accepted. Where a product is pictured “in situ” on the web site the price quoted includes only the main product described and not any accessories or accompanying items shown except where otherwise stated.
4. Specifications / Dimensions
Whilst most products are made from identically machined components to a standard specification but due to a policy of continuous improvement, manufacturers reserve the right to modify designs, specifications and materials without prior notification.
The Company makes every effort to ensure that it is only possible to order items which are currently held in stock. If an order is received for an item which is out of stock the Company reserves the right to upgrade the order to a higher specification in the same size without notice, in which case no additional charge will be made.
a) Any time or date for delivery stated by the Company shall be treated as an estimate only. While every effort will be made to despatch goods within the timescale quoted no liability can be accepted by the Company for failure to deliver within the quoted times or within any specific time period. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.
b) The Company will accept no liability for shortages or damage to goods unless the Customer notes the damage at the time of delivery (or where this is not possible, for orders totalling less than £250 only, notes “Contents Unseen” on the delivery note or terminal) and notifies the Company via email within 48 hours of receipt of the goods.
c) The Customer shall be bound to accept the goods when they are tendered for delivery by the Company and delivery shall be deemed to take place when the goods are tendered for delivery to the Customer at the nominated address for delivery whereupon the risks of loss, breakage or any other damage whatsoever shall pass to the Customer.
d) If for any reason the Customer cannot accept delivery of the goods for more than 7 days after the product is available for delivery the Company may either elect to store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or if the period of storage exceeds 60 days may elect to sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
e) Where access to the delivery address is limited or additional equipment is required to complete delivery of the goods, additional charges to cover the full costs of these services plus administrative costs will apply.
f) If an item is returned to us because the customer failed to contact the couriers, any refund will be less the original delivery cost or £20, whichever is greater plus the cost of returning to us which is equal to the original delivery cost or £20, whichever is greater. The Company will notify the customer of despatch, after which time it becomes the customer’s responsibility to contact the courier company whether or not they received a calling card from the courier.
6. Payment terms
If an invoice becomes overdue for payment the full outstanding account becomes immediately due and payable. The Company reserves the right to charge interest on overdue amounts at 3% above the HSBC Bank PLC base lending rate for the time being in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced (plus interest) has been credited to the Company’s bank account without recourse or the Company has received the full amount in cash.
7. Property and title
No property or title to goods shall pass to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company’s bank account without recourse or the Company has received the full amount in cash (and, in each case, any applicable cancellation period has passed) and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer’s custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or at the time of attempted delivery or, if the Customer wrongfully fails to receive the delivery as arranged, at the time when the Company has tendered delivery of the goods.
8. Force Majeure
In the event that the Company is prevented from carrying out its obligations as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities for as long as such fulfilment is prevented.
9. Returns and Cancellations
Current web site items of goods, unused, undamaged and fully marketable, may be returned and the order cancelled (for any reason) within seven days of delivery with the prior agreement of the Company. Returned goods must be in their original packaging.
For products returned the Customer shall be responsible for all costs and expenses (including insurance) of having the item returned to the Company. If an order is cancelled after despatch the Customer shall be responsible for all courier costs incurred by the Company in despatching the item and having it returned to the Company’s warehouse. The Customer’s payment will be refunded within 30 days, subject only to deduction of any direct costs of transport and insurance incurred by the Company in relation to the return of the goods, as well as transport and insurance costs incurred in the original delivery, upon receipt of the goods and inspection as to their suitability for re-sale.
All goods sold by the Company are warranted free from defects in material and workmanship. If the Company shall receive a written complaint by email from a Customer in respect of goods found to be defective in respect of materials or workmanship only within 7 days of delivery the Company after it has had a reasonable time to investigate the same and examine the goods in dispute shall either replace the defective goods or refund the purchase price. After the goods have been held by the Customer for 7 days, they will be considered to have been accepted in good condition.
No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer or through use not in accordance with the manufacturers instructions by the Customer or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.
Customers are strongly advised to employ professional tradesmen (e.g., electricians, carpenters, plumbers) in relation to the installation of goods of the type which need to be installed properly and safely in accordance with manufacturer’s instructions and codes of practice. We also recommend that prior to purchase you ensure that the products you purchase are compatible with the standards, sizes, and specifications for such products as used in your country.
11. The Company’s liability
a) The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
b) The Company’s liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
c) Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
d) Subject as expressly provided in these Terms and Conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
e) Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms and Conditions.
12. Distance Selling Regulations
Any orders placed are subject to your rights of cancellation pursuant to the Consumer Protection (Distance Selling) Regulations 2000.
You may exercise this right by contacting us at firstname.lastname@example.org. You must notify us within seven days from the date of delivery. Following receipt of your notice we will contact you to arrange for you to return the goods. Please note that the cost of you returning the goods where you wish to cancel for reasons which are not due to product performance or description will be payable by you. Postage and Insurance charges (equal to the original Postage and Insurance or £30 whichever is greater) will not be refunded save for in circumstances where the goods are deemed to have been defective.
13. Contract Law
Sunken Trampolines Ltd (“the Company”) is a UK registered company (No.8416655) with its registered office at (VAT registration 186501011).
Customers accept that by dealing with Sunken Trampolines Ltd they agree to these Terms and Conditions and that any contract formed with Sunken Trampolines Ltd will be a contract under and subject to the laws of England whose courts will have exclusive jurisdiction in the determination of any disputes.
a) If any provisions hereof shall be held to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
b) Waiver by the Company of any breach of these Terms and Conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
c) All headings are for convenience only and do not form part of these Terms and Conditions.
d) Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class prepaid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.
e) The Company may at its discretion record telephone transactions with its customers. This is for staff training purposes only.