Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ACCESSING THE PAGES WITHIN THIS SITE SIGNIFIES THAT YOU ARE FULLY AWARE AND AGREE WITH THE CONTENTS :
1. BASIS OF CONTRACT
1.1 These Terms and Conditions govern the supply of goods sold by Sher Brothers (Glasgow) Limited (No.SC053476), Registered office. 39 Stromness Street, Glasgow, G5 8HS (` the Company ‘ ) to our customers ( ` you ‘ ) via our trade website
1.2 All orders placed by you via our website are sold on the basis of these Terms and Conditions. A legally binding contract is constituted between you and us and is subject to acceptance by us at the time the goods leave our depot for delivery to you, at which point a legally binding contract is constituted between you and us.
1.3 The Company reserves the right to change or cancel any part of this agreement without notice and advises you to regularly check these terms and conditions section. Use of the Website will be deemed as acceptance to our terms and conditions.
2. DESCRIPTION OF GOODS
We make every effort to ensure that all information that may be of use to you is included in the item description. We try to ensure that our product image quality is of a high standard so that the product displayed is a fair representation of the actual item. However, your computer system settings/quality can alter the colour that appears on your screen.
3. STOCK AVAILABILITY
Our stock control system on the website is usually very accurate, however, mistakes can occasionally occur. Our Ordering & Payment process terms and conditions section below details our procedures for contacting you to confirm all aspects of your order.
4. PRICES
We do not accept liability for any errors or omissions and reserve the right to change the information, prices, specification and description of listed products. If any error is discovered and affects your order in any way, we will contact you immediately prior to asking for payment. Under no circumstance will we be obliged to fulfil an order where a mistake has occurred.
5. ORDERING & PAYMENT PROCESS
5.1 On our website, you may place an order to purchase products advertised for sale by following the onscreen prompts. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the Place order button on the checkout page. After this point, if you wish to cancel or amend your order you will need to call or email us and we will endeavour to accommodate your request. Please note, once the delivery has left our depot we will not be able to amend your order or recall the shipment.
5.2 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
5.3 Where we accept your order, we will pick and pack your order as quickly and as efficiently as possible. We will then either call or email you with any stock or pricing issues and also at this point confirm delivery charges. You will be able to discuss any special order or delivery
issues at this point. Once all matters are agreed we will ask you to pay for the goods via `faster bacs, debit or credit card and Paypal’.
Established customers may apply for a 30 Day credit account subject to terms and conditions available on application.
5.4 Once payment has been received we will then despatch your goods.
6. RETURN OF GOODS, SHORTAGES & ORDER CANCELLATION
6.1 The Company does not accept returns of non-faulty items unless specifically agreed beforehand with company management.
6.2 Any shortages or damages must be reported to the company within three working days of receiving the delivery. All claims shall be deemed to be waived and absolutely barred if they fall outside these timescales.
6.3 In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, the Company, at its own option, will make good any shortage or non-delivery, replace any damaged or defective goods in question provided that point 6.2 above is adhered to.
6.4 The company may ask you to return defective or damaged goods to our depot. The company will arrange the uplift via its own courier. You are requested to pack the goods and prepare them for uplift which will be arranged for a mutually convenient time.
7. RISK AND TITLE OF GOODS
7.1 Risk of damage to or loss of the Goods shall pass to the Customer (you) at the time of delivery to the address provided by you to the Company when the order is placed, save in the following situations:
(a) if you wrongfully fail to take delivery, all risk shall pass to you at the time when the Company has tendered delivery of the Goods;
(b) if the Company is not responsible for the delivery of the Goods, risk shall pass at the point when you or your representative collects the Goods from our depot, agreed at the time of ordering.
7.2 Title of the Goods shall not pass to you until the Company has received in full in cleared funds all sums due to it in respect of the Goods and all other sums which are due to the Company from you on any credit account.
7.3 Until such time as the title in the Goods passes to you, the Company shall be entitled at any time to ask you to either return the goods or hold in stock, until the companies representative visits your premises and repossesses the goods.
8. WARRANTIES & LIABILITY
8.1 To the extent possible the Company shall transfer any manufacturer’s warranty applicable to any Goods purchased under this Contract to you the Customer.
8.2 Unless expressly provided in these Terms, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The warranty as to the fitness of the Goods for any particular purpose even if that purpose is stated in your order, must be satisfied by yourself as to the fitness of purpose for which they are intended.
8.3 In the event of any claim being made by you the Customer, you shall give the Company a reasonable opportunity to inspect the Goods and liability will not be accepted
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) We will not be liable for any consequential, indirect or special loss or damage.
(c) We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
(d) We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
9. INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
10. BREACHES OF THESE TERMS & CONDITIONS
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website,
blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
11. VARIATION
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
12. EXCLUSION OF THIRD PARTY RIGHTS
These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party. These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website.