All orders are accepted, and goods and/or services supplied by Exporta only on the basis of Exporta's terms and conditions. EXPORTA shall be referred to throughout the following terms and conditions (these 'Conditions') as 'the Company', 'we' 'us' or 'our'.
In these Conditions 'the Customer' shall mean any person (legal or otherwise) or entity who purchases Goods and/or Services (both as defined below) from the Company and 'Goods' shall mean (from time to time) any goods supplied by the Company to a Customer and purchased by a Customer from the Company; and 'Services' shall mean (from time to time) any services supplied by the Company to a Customer and purchased by a Customer from the Company. All orders are accepted, and Goods and/or Services supplied by us only on the basis of these Conditions.
No variation to these Conditions shall apply unless specifically agreed to in writing by the Company. By placing an order with us the Customer
ii. the Goods have been delivered to the Customer and/or we have started to provide the Customer with the Services, at which point a legally binding contract of sale between the Company and the Customer in respect of the Goods and/or Services shall be formed (a ‘Contract’).
Due to fluctuations in costs the Company reserves the right to amend any prices and price related terms without prior notice, although every effort will be made to maintain, and to invoice the Goods and/or Services at, the prices stated in each Order Confirmation.
All descriptive specifications, drawings and particulars of performance and dimensions of Goods are approximate only. Descriptions and/or illustrations contained in or on the Company’s price lists, brochures, website and/or other advertising materials are intended merely to present a general idea of the Goods and/or the Services described therein. Such descriptions and/or illustrations are not guaranteed in any way to be accurate and shall not form part of the Contract.
Any discrepancy between Goods, Services and/or invoices received by the Customer from the Company and Goods and/or Services set out in the Order Confirmation must be notified to us by the Customer in writing either within 3 days of the date on which the Goods were delivered to the Customer or within 3 days from the date on which we started to provide the Customer with the relevant Services; otherwise we cannot accept liability.
Unless otherwise stated in writing by the Company, settlement of our invoices is due by the last day of the calendar month immediately following the calendar month in which the invoice is rendered. Interest will be charged by us at 4% per annum over Royal Bank of Scotland base rate from time to time on any overdue sums.
Goods may be returned only with our prior agreement and will, unless otherwise stated in writing by the Company, be subject to a 15% handling charge on the full invoice price. Special order Goods sourced or manufactured to the Customer’s specific requirements by the Company may not be returned to the Company for credit.
The Company shall supply the Services to the Customer using reasonable skill and care in all circumstances and in accordance with any Order Confirmation in all material respects. The Company shall use its reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Company shall notify the Customer in any such event.
In respect of Goods we supply, the relevant manufacturer’s warranty shall operate in place of all other warranties. In respect of the Services, we warrant to the Customer that they will be provided using reasonable skill and care. The Customer shall be solely responsible for:
These Conditions and the Contract shall in all respects be governed by and construed in accordance with Scots law and the Company and the Customer agree to submit to the non-exclusive jurisdiction of the courts of Scotland.
Goods supplied by us shall be entirely at the Customer’s risk from the date such Goods are delivered to the address stated in the Order Confirmation (or the Customer’s purchase order if no Order Confirmation has been sent).
Title to (i.e. ownership of) Goods supplied by us shall not pass to the Customer unless and until all sums due and payable to us by the Customer (including, without limitation, the price of the relevant Goods) have been paid to us in full. Until ownership of the Goods has passed to the Customer, the Customer shall:
The Customer’s right to possession of Goods shall terminate immediately if:
The Company shall be entitled to recover payment for Goods notwithstanding that ownership of any of the Goods has not passed from the Company to the Customer. Furthermore, the Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where Goods are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to recover them.
Delivery dates and times stated in an Order Confirmation (or the Customer’s purchase order if no Order Confirmation has been sent) are approximate and given in good faith. No responsibility can be accepted by the Company for any delay in delivery or costs incurred thereby.
The Company reserves the right to (i) defer the date of delivery of the Goods or the date of performance of the Services; (ii) cancel the Contract; or (iii) reduce the volume of the Goods and/or Services to be supplied by the Company to the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company (including, without limitation, acts of God (including, without limitation, volcanic eruption), governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials). The Company shall not be liable to the Customer if Goods are prevented from being delivered by the Company or the Company is unable to perform the Services due to any such circumstances beyond the reasonable control of the Company.
In the event of an Insolvency Event occurring, we reserve the right to demand immediate payment from the Customer of all sums due and payable under the Contract (which payments shall then be made by the Customer) and to suspend any outstanding deliveries of Goods or the performance of the Services immediately (without any liability on our part to the Customer in our so doing).
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Pound Sterling.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.