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ABC Terms of Sale of Goods:
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American Billiard Company Ltd -
Terms and Conditions
for the Sale of Goods (version 1.0)
You will be asked to expressly agree to these terms and conditions
before ordering Products from this Site. Please read them carefully.
If you do not agree to them, do not order any Products from this
site. In order to indicate your acceptance of these terms and
conditions, you must either click on the button marked “I Agree”
accessed as part of our checkout, or to print out, sign and return a
copy of this document.
Please note that you may only purchase Products from this site if
you are over 18 and resident in England or Wales.
(1) Definitions and interpretation
In this Agreement “we” means American Billiard Company Ltd (and “us”
and “our” shall be construed accordingly); and “you” means the
relevant customer or potential customer as the case may be (and
“your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in
our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email
acknowledgment which we will send to you after receiving your Order;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the Site;
“Second Acknowledgement” means the email acknowledgment which we
will send to you (where appropriate) confirming acceptance of your
Order; and
“Site” means the website at www.americanbilliardcompany.co.uk or any
successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation
to treat”; and your Order for Products constitutes a contractual
offer. No contract comes into force between you and us unless and
until we accept your Order.
In order to enter into this Agreement with us, you will need to take
the following steps:
i) You must add any the Products you wish to purchase to your
shopping cart, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with
us and log in; if you are an existing customer, you must enter your
login details;
(iii) once you are logged in, you must select your preferred method
of delivery and confirm your Order and your consent to the terms of
this Agreement;
(iv) we will then send you the First Acknowledgment; and
(v) once we have checked whether we are able to meet your Order, we
will either send you the Second Acknowledgement (at which point this
Agreement will become a binding contract) or we will confirm by
email that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement. We may
update the version of this Agreement on the Site 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 this Agreement for your records.
The only language in which we offer this Agreement is English.
(3) About us
Our full name is American Billiard Company Ltd. Our registered
office is; Unit 4, United Business Park, Leeds, LS12 6UB and our
principal trading address is at the same location. Our company
registration number is 3489994. Our email address is info@americanbilliardcompany.co.uk.
Our VAT number is GB 698 1379 76
(4) The Products
American Billiard Company supply high quality billiard tables, poker
and gaming tables, home bar sets, bar football tables and related
game room furniture and accessories. Our company are the only
authorised importers of Brunswick Billiards’ product line for the UK
and Eire.
(5) Price and payment
Prices for Products are quoted on the Site. The Site contains a
large number of Products and it is always possible that some of the
Products listed on the Site may be incorrectly priced. We will
verify prices as part of our sale procedures so that a Product's
correct price will be stated in our Acknowledgement to you.
In addition to the price of the Products, you may have to pay a
delivery charge, which will be as stated in our Acknowledgement to
you
Payment must be made by prior to receipt of goods. We may withhold
the Products and/or terminate this Agreement if the price is not
received from you in full, on time, in cleared funds.
The prices on the Site include any value added or sales taxes (where
applicable).
Payment for all Products must be made by credit or debit card via a
recognised provider OR by cheque to be cleared in advance of
shipping.
Prices for Products are liable to change at any time, but changes
will not affect Agreements which have come into force.
We will normally request a 30% deposit to secure your table and this
should be recognised as a ‘non-refundable deposit’ for any and all
‘Special Order Products’.
(6) Delivery
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 Acknowledgement to you or, if
no date is set out in our Second Acknowledgement, within 7 days of
the date specified prior to order. However, we cannot guarantee
delivery by the relevant date. We do however guarantee that unless
there are exceptional circumstances all deliveries of Products will
be dispatched within 180 days of the later of receipt of payment and
the date of our Acknowledgement to you
Where delivery is not possible due to us not being able to access
your desired location for the install of billiard tables and related
Products, or it is deemed unsafe to attempt to gain access to your
desired location, we reserve the right to withhold the original
delivery and/or fitting charge and/or levy a subsequent delivery
charge for Product requiring redelivery.
(7) Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you after we receive
full payment of all sums due in respect of the Products (including
delivery charges).
(8) Consumer rights
You may cancel this Agreement at any time within 7 working days
after the day you received the Products (subject to the limitations
set out below).
If you cancel this Agreement on this basis, you must inform us in
writing and arrange for return of the Products to us immediately, in
the same condition in which you received them. Products returned by
you within the 7 working day period referred to above will be
refunded in full (including the cost of sending the Products to
you). However, you will be responsible for paying the cost of
returning the Product to us. Due to the nature of such things as
gaming and pool tables, we suggest that you contact us to remove the
Products professionally. This will ensure you are not responsible
for any damage. Please contact us for current costs for this
service.
If you cancel this Agreement 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. Similarly, if you return the Products at
our expense, we may pass that expense on to you.
(9) Defective Products
You may also cancel this Agreement if the Products supplied are
defective (this means unusable).
Products to be returned by you because of a defect will be refunded
in full (including the cost of sending the Products to you, and the
cost of returning the Products to us). In the case of Brunswick
Product you are covered by Brunswick’s Lifetime Warranty which
provides cover for the replacement of any faulty gaming table
component from Brunswick Billiards and any labour costs involved in
the replacement of such gaming table items.
(10) Refunds
If you cancel this Agreement 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 30
days of the day we received notification of return of goods.
(11) Warranties
We warrant to you that any Product you purchase through the Site
will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity
to enter into this Agreement and that all necessary actions have
been taken to enable you to lawfully enter into this Agreement; you
are legally capable of entering into binding contracts; you are
resident in the England or Wales; you are at least 18 years old; the
information provided in the Order is accurate; and you will be able
to accept delivery of the Products as contemplated in this
Agreement.
Subject to the warranties set out in above, to the maximum extent
permitted by applicable law we disclaim all warranties with respect
to the Products, whether express or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our
liability for: (i) death or personal injury caused by negligence;
(ii) under section 12 of the Sale of Goods Act 1979, section 2 of
the Supply of Goods and Services Act 1982, or section 2(3) of the
Consumer Protection Act 1987; (iii) for fraud or fraudulent
misrepresentation; or (iv) for any matter for which it would be
illegal for to limit or exclude, or attempt to limit or exclude,
liability.
Subject to this: (i) our liability in connection with any Product
purchased through our site is strictly limited to the higher of the
purchase price of the relevant Product and the replacement cost of
the relevant Product; (ii) we accept no liability for any loss of
income or revenue, loss of business, loss of profits or contracts,
loss of anticipated savings, loss of data, waste of management or
office time or for any indirect or consequential loss or damage of
any kind however arising and whether caused by tort (including
negligence), breach of contract or otherwise, even if foreseeable;
and (iii) we will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under
this Agreement caused by events outside our reasonable control.
(13) General terms
Images of Products on the Site are for illustrative purposes; actual
Products may differ from such images.
We will treat all your personal information that we collect in
connection with your Order in accordance with the terms of our
Privacy Policyy; use of our website will be subject to our Website
Terms and Conditions
This Agreement may only be varied by an instrument in writing signed
by both you and us. We may revise these terms from time-to-time, but
such revisions will not affect the terms of any Agreement which we
have entered into with you.
If any provision of this Agreement is held invalid or unenforceable
by a court of competent jurisdiction, the remaining provisions of
this Agreement shall remain in full force and effect, and such
invalid or unenforceable provisions or portion thereof shall be
deemed omitted.
No waiver of any term, provision, or condition of this Agreement,
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 term, provision or condition or any other term, provision or
condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this
Agreement, or any of your rights or obligations arising under this
Agreement. Any attempt by you to do so shall be null and void. We
may assign, charge, sub-contract or otherwise transfer this
Agreement, or any of our rights or obligations arising under this
Agreement, at any time – providing such action does not serve to
reduce the guarantees benefiting you under this Agreement.
This Agreement 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 this Agreement is not subject
to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties
with respect to the subject matter hereof, and supersedes all prior
or contemporaneous agreements or understandings, whether oral or
written.
This Agreement will be governed by and interpreted in accordance
with the laws of the England, and the English courts shall have
exclusive jurisdiction with respect to any dispute arising under
this Agreement. |
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