STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SUPPLY OF SERVICES
BY FEET-1st.co.uk
The following terms and conditions govern any contract for sale that we enter into with you. Please read these terms and conditions carefully.
1. Meanings
In these Conditions:
“F1” means Feet-1st.co.uk
“You" means the person, firm or company who accepts a quotation from F1 for the supply of our Services and Goods.
“the Conditions" means the standard terms and conditions of sale set out in this document and (unless the context requires otherwise) includes any special terms and conditions agreed in writing between You and
F1.
"the Contract" means the contract for the purchase and sale of F1 Goods and/or the supply under these Conditions of F1 Services.
"the Delivery Address" means the place specified by You to which the Goods are to be delivered by a courier or postal delivery service.
"the Goods" means the goods (or any part of the goods) referred to in the quotation provided to You or in the order placed by You to be sold by F1 in accordance with these Conditions.
“the Services” means the service or services specified in F1’s sales literature or website to be supplied to You by F1 in accordance with these Conditions.
2. The Contract
2.1 F1 provides all quotations and price lists and accepts all orders in accordance with these Conditions. These Conditions apply to all contracts for goods supplied or work done by F1 or their employees to the exclusion of any other terms and conditions.
2.2 In response to Your enquiry about our Goods and Services, F1 shall give You a quotation of the costs involved and a casting appointment will be made for You to come to F1’s premises or for F1 or one of their employee’s to visit Your home or some other venue agreed by you and F1. The Contract
becomes effective when You accept the quotation.
3. Quantity and Description
3.1 The quantity, and description of the Goods and/or Services shall be as specified in the order form given to you at the time of the casting appointment.
3.2 Any change in the quantity or description shall require the agreement of both parties and may involve a change in the price.
3.3 F1’s Goods are made to Your individual order and MC will always endeavour to ensure that the Goods requested are suitable for Your needs before accepting Your order. F1 have a sales leaflet, a website
two premises where many of the Goods can be viewed prior to purchase.
4. Cancelling an Order
No order, which has been accepted by F1, may be cancelled by You except with the agreement of F1 on the term that You shall indemnify F1 in full against all loss, costs (including the costs of all labour and materials used), damages, charges and expenses incurred by F1 as a result of the cancellation.
5. Price Of the Goods
5.1 The price of the Goods and the price of delivering the Goods shall be the price listed in F1’s order form in line with F1’s price list current at the date F1 accept Your order or such other price as may be agreed in writing
by F1 and You. In the case of error, F1 reserves the right to change the price.
5.2 The price is exclusive of any applicable value added tax.
5.3 In addition to the invoiced price of the Goods You will be liable for all import duties or delivery charges applicable in Your location.
5.4 Unless otherwise stated all quoted pricing is in Pounds Sterling.
6. Paying For Your Goods
6.1 Unless otherwise agreed, payment in full for F1 cast Goods or Services becomes due from You at the time of the casting appointment when F1 will provide You with an order form.
6.2 Unless otherwise agreed, payment in full for Goods becomes due at the time and on the date, the casting takes place.
7. Delivering Your Goods
7.1 Delivery of the Goods to the Delivery Address shall be made by F1 using a courier or postal service chosen by F1.
7.2 When F1 accepts your order You will be given an estimate of the delivery date. F1 use courier and postal services who guarantee delivery by a specified date and time and F1 will use their best endeavours to meet
any delivery deadline specified by You. However all delivery times offered by F1 are to be treated as best estimates and no penalty can be accepted for non-compliance with them.
7.3 If unforeseen circumstances arise, which prevent F1 from meeting a delivery deadline specified by You, F1 shall notify You as soon as reasonably possible with as much advanced notice as circumstances allow.
8. Collecting Your Goods
8.1 Where Goods are to be collected by You from F1’s premises or some other agreed venue, F1 shall notify you by telephone or email that your Goods are ready for collection and shall give you an appointment date and time to attend and collect Your Goods.
8.2 F1 shall not be liable to You or be deemed to be in breach of the Contract if you elect to attend to collect your Goods without having been given an appointment and as a consequence Your Goods are not ready for
collection.
9. Damaged Goods & Returns
9.1 F1 Goods may be damaged if not handled with care. F1 packages all Goods with protective packaging to minimise the risk of damage during transport.
9.2 If any Goods received by You are damaged the following action must be taken:
9.2.1 If the outer packaging is visibly damaged, then the Goods should be signed for, noting that the packaging has been damaged on the delivery sheet when signing it.
9.2.2 If You find that the Goods are damaged after unpacking, You should contact F1 as soon as possible, and F1 will arrange with You for the Goods to be returned to F1’s premises. When, after inspection of the Goods, F1 are satisfied that the Goods were damaged during transit and through no fault of Yours, F1 will reimburse You the cost of returning the Goods.
9.2.3 F1 shall bear no liability to You for damage which is not reported to them within 24 hours of You receiving the Goods.
9.2.4 Any returns made to F1 for any reason must be returned in the original packaging or its direct equivalent. Where the original packaging is so damaged as to not be able to provide sufficient protective covering for the returned Goods, new outer protective packaging must be used. The
original packaging should be returned to F1 for inspection along with the returned Goods.
9.3 Where notification of damage is given in accordance with 9.2.2 F1 shall either replace the Goods with Goods of satisfactory quality or (at their option) shall credit You with the price of the Goods.
10. Risk and Property
10.1 Where the Goods are to be delivered to the Delivery Address ownership and risk of the Goods shall pass to You at the time that the Goods are delivered to the Delivery Address. F1 do not insure the Goods during
transit.
10.2 Where the Goods are to be collected by You from F1’s premises or some other venue agreed by You and F1, ownership and risk of the Goods shall pass to You on collection.
11. Warranties and liability
11.1 F1 warrants to You that their Goods:
11.1.1 will be of satisfactory quality;
11.1.2 will be free from defects in materials and workmanship; and,
11.1.3 will correspond with Your reasonable specification.
11.2 If You are not satisfied with the quality of the Goods, F1 will always discuss with You the reason for Your dissatisfaction. If it is agreed that the Goods are not of satisfactory quality, then F1 shall arrange for the
Goods to be returned to F1’s premises and shall either, replace the Goods with Goods of satisfactory Quality or (at their discretion), shall credit You with the price of the Goods.
11.3 F1 Goods are handmade and unique to each customer order. F1 shall endeavour to ensure that You are completely satisfied with the Goods. However, complaints about the Goods which relate to matters other
than the satisfactory quality of the Goods, shall not entitle You to either replacement Goods or the return of the price of the Goods unless expressly agreed in writing by F1.
11.4 Frames are handmade and may therefore vary slightly from F1’s display models. As frames are made from separate cuts of wood, there may also be some variation in texture and colour within each frame. These
variations shall not render the Goods of unsatisfactory quality nor entitle You to either replacement Goods or the return of the price of the Goods.
11.5 F1 shall indemnify You against all liability and losses awarded against or incurred by You which result from any breach of warranty given by F1 provided, that total liability of F1 shall in no circumstances exceed the
price of the Goods.
11.6 Neither F1 nor You shall be liable to the other nor deemed to be in breach of the Contract by reason of any delay in performance or any failure to perform, any of its obligations in relation to the Contract, if such delay
or failure was beyond F1’s or Your control. Examples of causes beyond either party’s reasonable control
include:
11.6.1 Act of God, explosion, flood, tempest, fire or accident;
11.6.2 War or threat of sabotage, insurrection, or civil disturbance; and,
11.6.3 Acts, restrictions, byelaws, prohibitions or measures of any kind or part of any governmental, parliamentary or local authority.
12. Care and Storage
F1 are happy to advise or assist with any subject relating to the correct usage, cleaning, storage or repair of any of its Goods.
13. Governing Law
This agreement and the performance of both parties shall be governed by the law of England and Wales.
15. Indemnity (Third Parties)
You shall indemnify F1 against all claims made against F1 by a third party in respect of Goods and Services supplied by F1.
16. Severability
If any part of these terms and conditions is found to be illegal, void, or unenforceable for any reason, then such clause or section shall be severable from the remaining clauses and sections of these terms and conditions which shall remain in force.
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