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TERMS OF SALE (businesses & consumers)
 

(1)      Introduction

 

Please read these terms of sale carefully.  

 

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.  

 

(2)      Interpretation

 

In these terms of sale, “we” means MossyOffice.com Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

 

(3)      Order process

 

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

 

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

 

The only language in which we provide these terms of sale is English.

 

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order items and quantities on-screen.  You may correct those input errors before placing your order by deleting/adding items and amending order quantities using the on-screen buttons provided.

 

(4)      The products

 

Any product listed on our website to you.

 

(5)      Price and payment

 

Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product's correct price will be stated.

 

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

 

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

 

The prices on the website exclude all value added taxes (where applicable) and delivery charges, which will be stated before you confirm and pay for the order.

 

Payment for all products must be made by any method detailed on the website from time to time.

 

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

 

If you are a business customer, then from time to time we may agree to open an account for you, enabling you to pay in arrears.  Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice.  Accounts will be subject to such credit limits as we may notify to you from time to time.  If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of Bank of England from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

 

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £10 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

 

Without prejudice to our other rights, if you submit an unjustified credit card, debit card  or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

 

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

 

(6)      Promotions, special offers & coupon codes

 

Promotions, special offers and coupon codes as advertised on our website from time to time.

 

Promotions, special offers and coupon codes can be changed and withdrawn at any time without notice.

 

We shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion, special offer or coupon code or any failure or inability of a customer to use a promotion, special offer or coupon code for any reason.

 

Coupon codes need to be redeemed by entering code into validation box. This can be found at the bottom of the my basket page once you have added items to my basket. Coupon codes must be used prior to checkout and cannot be redeemed once an order has been confirmed and placed.

 

Coupon codes cannot be used or claimed retrospectively once your order has been confirmed and placed.

 

Coupon codes cannot be exchanged for cash.

 

(7)      Price guarantee

 

Price guarantee as advertised and detailed on our website from time to time. MossyOffice.com Ltd will review and verify any claim prior to a refund for the difference. 

 

Price guarantee is applicable to: 

 

(a) the overall total price of your order (excluding VAT) and not individual product prices;

(b) claims made within 14 days of original purchase;

(c) products sold online by UK based retailers;

(d) products that are new, immediately available and are of exactly the same specification, manufacturer and pack size;

(e) products that are at normal regular prices and not subject to special one off discounts or promotions, sale prices, free products, contract/core pricing, net pricing specific to customer;

(f) products sold under the same terms of sale.

 

MossyOffice.com Ltd reserves the right to issue any verified claim in the form of a refund on account or discount coupon code to use online for future purchases with MossyOffice.com.

 

(8)      Your warranties
 

You warrant to us that: 

 

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; 

(b) the information provided in your order is accurate and complete; and

(c) you will be able to accept delivery of the products.

 

(9)      Delivery policy


We will arrange for the products to be delivered to the address for delivery indicated in your order.

 

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within a reasonable time of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  

 

When products are in stock and you place an order on a working day prior to 5:30pm we aim to deliver your order on the following working day. A small number of products such as furniture and safes are subject to an extended delivery period and could be subject to specialist handling and additional delivery charges, we would contact you to discuss this with you. It is your responsibility to ensure that there is adequate access (door widths etc) to enable delivery of the product. 

 

You shall inspect the order immediately on delivery and will notify us by email to Sales@MossyOffice.com within 3 working days of any delivery shortages, errors or damage.

 

We will only deliver products within the UK Mainland, Northern Ireland and Isle of Wight.

 

We do not deliver to PO Box addresses.

 

We require a signature upon delivery for all orders.

 

Excluding VAT, orders over £50 will be delivered free, orders under £50 will be charged at £5.95, additional delivery charges could apply for some items.

 

(10)      Risk and ownership

 

The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

 

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

 

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

 

We will be entitled to recover payment for the products even where ownership has not passed to you.

 

(11)      Consumers: returns policy

 

This Section applies to consumers, not business customers.  If you are a business customer, the applicable returns policy is set out in Section 14.

 

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below).

 

In order to cancel a contract in this way, you must give to us email notice of cancellation to Sales@MossyOffice.com.

 

You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

 

If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.  

 

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  

 

Refer to our returns policy document for full details.

 

(12)      Consumers: statutory rights

 

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

 

(13)      Business customers: limitation of warranties

 

This Section applies only to business customers, not consumers.

 

We warrant to business customers that the products purchased from our website will:

 

(a) conform in all material respects to any applicable specification of such products published on our website / issued by us; and

(b) be free from material defects in materials and workmanship for a period of 1 year from the date of delivery of the products.

 

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 17, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

 

(14)      Business customers: returns policy

 

This Section applies to business customers, not consumers.  If you are a consumer, the applicable returns policy is set out in Section 11.

 

Products may only be returned to us with our prior agreement and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

 

Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section 13, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products.

 

Refer to our returns policy document for full details.

 

(15)      Refunds

 

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 14 days of the day we received your valid notice of cancellation.

 

(16)      Force majeure

 

In this Section and Section 17 below, “force majeure event” means:

 

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

 

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

 

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

 

We will take reasonable steps to mitigate the effects of the any force majeure event.

 

(17)      Limitations and exclusions of liability

 

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

 

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

We will not be liable to you in respect of any losses arising out of a force majeure event.

 

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

 

If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

If you are a business customer, our aggregate liability to you under the terms of sale will not exceed the total amount paid and payable by you to us under the terms of sale.

 

(18)      Business customers: indemnity

 

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

 

(19)      Contract cancellation

 

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

 

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

 

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed  to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any 

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; o

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

 

(20)      Consequences of cancellation

 

Upon the cancellation of a contract in accordance with Section 19:

 

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms of sale will cease to have effect, except that Sections 10, 13, 14, 17, 18, 20 and 22 will survive termination and have effect indefinitely.

 

(21)      Scope of these terms of sale

 

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

 

(22)      General terms

 

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

 

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. 

 

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

 

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale. 

 

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale. 

 

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

 

Subject to the first paragraph of Section 17: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

 

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

 

(23)      About us

 

The full name of our company is MossyOffice.com Ltd. 

 

We are registered in England & Wales under registration number 7665827. 

 

Our registered address is 2 Cricklade Court, Old Town, Swindon, Wiltshire, SN1 3EY, United Kingdom. 

 

Our VAT number is 114 7848 05

 

You can contact us by email to Sales@MossyOffice.com

 
 
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