1. Format of the Contract 1.1.
These terms of sale apply to all goods supplied by "South West Play" (the
"Supplier"). 1.2. No contract exists between you and the Supplier for the sale
of any goods until the Supplier has received and accepted your order and the
Supplier has received payment in full (in cleared funds). Once the Supplier does
so, there is a binding legal contract between us. 1.3. By way of clarification,
an acknowledgement of your order will be sent to you via e-mail when you place
your order, but acceptance of your offer to buy the goods will not take place
until after your payment is taken and you receive your acceptance e-mail. It is
at this point that a binding legal contract is created and any contract is
subject to these Terms and Conditions. 1.4. The contract is subject to your
right of cancellation (see below).
2. Description and price of the goods 2.1. The description and price of the
goods you order will be as shown on the Supplier's website at the time you place
your order. 2.2. The goods are subject to availability. If on receipt of your
order the goods you have ordered are not available, the Supplier will inform you
as soon as possible and refund or re-credit you for any sum that has been paid
by you or debited from your credit card for the goods. 2.3. Every effort is made
to ensure that prices shown on the Suppliers website are accurate at the time
you place your order. If an error is found, the Supplier will inform you as soon
as possible and offer you the option of reconfirming your order at the correct
price, or cancelling your order. If the Supplier does not receive an order
confirmation within 14 days of informing you of the error, the order will be
cancelled automatically. If you cancel the order, or if the order is cancelled
automatically due to the expiry of the 14-day period, the Supplier will refund
or re-credit you for any sum that has been paid by you or debited from your
credit card for the goods. 2.4. In addition to the price, you may be required to
pay a delivery charge for the goods.
3. Payment 3.1. Payment for the goods and delivery charges can be made by
any method shown on the Supplier's website at the time you place your order.
Payment shall be due before the delivery date and time for payment shall be a
fundamental term of this agreement, breach of which shall entitle the Supplier
to terminate the contract immediately. 3.2. Delivery will not be made until
cleared funds are received. 3.3. You may only set off money you claim from us
against money you owe us with our written agreement and on such terms as we may
4. Delivery 4.1. The goods you order will be delivered to the address you
give when you place your order, except that some deliveries are not made outside
the United Kingdom. 4.2. Orders placed before 1.00 pm on a working day will be
processed that day and will be delivered as per the stated delivery estimate
provided no additional security checks are required and all items are available.
(A working day is any day other than weekends and bank or other public
holidays.) 4.3. If delivery cannot be made to your address for reasons under the
Suppliers control the Supplier will inform you as soon as possible. 4.4. If you
deliberately fail to take delivery of the goods (otherwise than by reason of
circumstances under control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier, the Supplier may: 4.4.1. Store the
goods until actual delivery and charge you for reasonable costs (including
insurance) of storage; or 4.4.2. sell the goods at the best readily obtainable
price and (after deducting all reasonable storage and selling expenses) account
to you for any excess over the price you agreed to pay for the goods or charge
you for any shortfall below the price you agreed to pay for the goods. 4.5. If
you fail to take delivery because you have cancelled your contract under the
Distance Selling Regulations the Supplier shall refund or re-credit you within
30 days for any sum that has been paid by you or debited from your credit card
for the goods. 4.6. On exercising your right to cancel you shall be required to
return the goods to the Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct costs incurred by the Supplier
in retrieving the goods as a result of such failure. 4.7. Every effort will be
made to deliver the goods as soon as possible after your order has been
accepted. However, the Supplier will not be liable for any loss or damage
suffered by you through reasonable or unavoidable delay in delivery. In this
case, the Supplier will inform you as soon as possible. 4.8. Upon receipt of
your order you will be asked to sign for the goods received in good condition.
If the package does not appear to be in good condition then please refuse the
delivery. If you are unable to check the contents of your delivery at the point
of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may
affect any warranty claims that you make thereafter.
5. Risk 5.1. The goods are at your risk from the time of delivery.
6. Your right of cancellation 6.1. You have the right to cancel the contract
at any time up to the end of 7 working days after you receive the goods (see
below). 6.2. To exercise your right of cancellation, you must give written
notice to the Supplier (by hand, post or e-mail) giving details of the goods
ordered and (where appropriate) their delivery. Notification by phone is not
sufficient. 6.3. Except in the case of faulty or misdescribed goods, if you
exercise your right of cancellation after the goods have been delivered to you,
you will be responsible for returning the goods to the Supplier at your own
cost. The goods must be returned to the address supplied by the Supplier. You
must take reasonable care to ensure the goods are not damaged in the meantime or
in transit. 6.4. In the case of faulty or misdescribed goods we shall, after
receiving notification in accordance with clause 7.4, either collect the goods
from you or ask you to return the goods yourself and possibly refund you the
reasonable postage costs.
6.5. Once you have notified the Supplier that you are cancelling the contract,
the Supplier will refund or re-credit you within 30 days for any sum that has
been paid by you or debited from your credit card for the goods. 6.6. Except in
the case of faulty or misdescribed goods, if you do not return the goods as
required, the Supplier may charge you a sum not exceeding the direct costs of
recovering the goods.
7. Warranties 7.1. The Supplier warrants that the goods: 7.1.1. Comply with
their description on the order confirmation; and 7.1.2. are free from material
defect at the time of delivery (as long as you comply with clause 7.3). 7.2. The
Warranty in clause 7.1 is in addition to your statutory rights. 7.3. The
Supplier gives no other warranty (and excludes any warranty, terms or conditions
that would otherwise be implied) as to the quality of the goods or their fitness
for any purpose. 7.4. If you believe that the Supplier has delivered goods that
are defective in materials or workmanship, you must: 7.4.1. Inform the Supplier
(in writing), with full details, as soon as possible; and 7.4.2. allow the
Supplier to investigate. 7.5. If the goods are found to be defective in material
or workmanship (following the Supplier's investigations), and you have complied
with those conditions (in clause 7.4) in full, the Supplier will (at their
option) repair, refund or replace the goods. 7.6. The Supplier cannot accept
liability in respect of any defect arising from fair wear and tear, wilful
damage, abnormal working conditions, failure to follow the instructions, or the
mis-use, alteration or repair of the goods without the Supplier's approval. 7.7.
We are not liable for any other loss or damage arising from the contract or the
supply of goods or their use, even if we are negligent, including (as examples
only); 7.7.1. Direct financial loss, loss of profits or loss of use; and 7.7.2.
Indirect or consequential loss 7.8. The Suppliers total liability to you (from
one single cause) for damage to property caused by their negligence is limited
to five million pounds. 7.9. For all other liabilities not referred to elsewhere
in these terms the Suppliers liability is limited in damages to the price of the
goods. 7.10. Nothing in these terms restricts or limits the Suppliers liability
for death or personal injury resulting from negligence.
8. Data Protection 8.1. Where you provide the Supplier with your personal
data, the Supplier confirms that the data will be held securely, in confidence
and processed for the purpose of carrying out your business and associated
activities. 8.2. The Supplier will take all reasonable precautions to keep the
details of your order and payment secure but unless the Supplier is negligent,
the Supplier will not be liable for unauthorised access to information supplied
9. Images 9.1. Product images are for illustrative purposes only and may
differ from the actual product.
10. General 10.1. English law is applicable to any contract made under these
terms. The English and Welsh courts have non-exclusive jurisdiction.
11. Promotional Offers 11.1. Promotional discount offers are redeemable
against all of our products. 11.2. Closing dates for use of South West Play
promotional offer codes will be displayed within the offer information on the
relevant area of the www.soouthwestplay.co.uk, and these dates will be adhered
to. 11.3. Promotional offers cannot be used in conjunction with any other South
West Play offer. 11.4. Only one use of each promotional code is permitted per
customer 11.5. Normal South West Play terms and conditions of purchase and for
using the "www.southwestplay.co.uk" website apply.
General exclusions of liability: We will not be liable for any economic loss, including (without limitation) loss of profit, business, revenue resulting from loss of use, sale, market, goodwill, anticipated savings, data, costs of providing any alternative means of transport or any other like losses whether direct or indirect and whether caused negligently or otherwise or arising out of or in connection with any performance or failure to perform the services or any breach of these conditions by us.
We will not be liable to you for the delayed delivery of a consignment or for any failure or delay in the performance of the services under these conditions due to an event beyond our reasonable control including without limitation any:
· Delay or cancellation of shipments, ferries, flights, railways or other transport.
· Failure of a consignee to accept delivery of a consignment.
· Delays in or refusal of customs clearance.
· Acts of God, acts of government or other authorities, war, riot, civil commotion, malicious damage to property, blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction, seizure under legal process, national emergencies, fire, flood, tempest storm or other weather conditions making provision of the services impractical, accident, breakdown of plant or machinery, default of suppliers (including without limitation fuel) or sub contractors.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
Revised 10th May 2011.