1. DEFINITIONS AND INTERPRETATION
1.1 IN THESE CONDITIONS:
Contract means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions means the standard terms and conditions of sale set out herein, including any special terms and conditions agreed in writing by us and attached hereto;
Goods means the goods and/or services which we shall supply in accordance with these Conditions, details of which are set out overleaf;
We means Chelston Direct, and “us” and “our” shall be construed accordingly;
You means the customer whose details are set out overleaf, and “your” shall be construed accordingly.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
1.4 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.5 Unless expressly stated otherwise, where our prior written consent is required in these Conditions, then we shall be under no obligation not to unreasonably withhold or delay in giving that consent.
2. BASIS OF SALE
2.1 These Conditions shall apply to all Contracts for the sale of Goods by us to you by telephone or through our website to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, and no variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. These Conditions set out the entire agreement to the exclusion of all other terms and conditions.
2.2 Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
2.3 All specifications, drawings and particulars of prices, weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
3. ORDERS AND SPECIFICATIONS
3.1 When you place an order to purchase Goods, we will send you an email confirming receipt of your order and containing details of your order. Your order represents an offer to purchase the goods which is accepted by us when we despatch the Goods to you. The acceptance of your order is conditional on the Goods being intended for your personal use, and not intended for resale. All orders are subject to availability and on a first-come first-served basis. Goods cannot be reserved, and we reserve the right to refuse to accept an order.
3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
3.3 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification. We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be our quoted price. All prices and price information were correct at the time of publishing, and are subject to change without notice. The quoted prices are for online or telephone purchases only, and may not be the same as in our mail order catalogues.
4.2 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and have already paid for the goods, you will receive a full refund.
4.3 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our reasonable control, any change in delivery dates, quantities or specifications for the Goods which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.
4.4 Except as otherwise agreed in writing by us, all prices are given by us on an ex works basis, and where we agree to deliver the Goods otherwise than at our premises, you will be liable to pay our charges for transport, packaging and insurance.
4.5 The prices shown are inclusive of any applicable value added tax.
4.6 We reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.
5. TERMS OF PAYMENT
5.1 Please see our Payment Options for our terms of payment.
5.2 If you fail to make any payment on the due date then we reserve the right to:
(a) cancel the Contract or suspend further deliveries to you;
(b) appropriate any payment made by you to such of the Goods as we may think fit; and
(c) charge you interest (as well after as before any judgment) on the amount unpaid, at the rate of 3% per annum above base rate from time to time, until payment is made in full, accruing pro rata on a daily basis.
(d) recover from you the costs we or our merchant services provider may incur in respect banking and similar transaction costs in regard of your cheques or credit card payments which are dishonoured by your bank or credit card company.
5.3 Where a cheque or credit card payment is dishonoured by your bank or credit card provider, your bank, credit card provider or our debt collection company may charge you for, and you will be liable to pay them for any fees as a result.
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to:
(a) store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
6.5 If using standard delivery please allow 10 working days for delivery.
6.6 For international deliveries we reserve the right to charge additional delivery costs. If this applies, you will notified before any additional charges are made.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the legal and equitable property in the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3 Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any premises where the Goods are stored and repossess the Goods.
8. WARRANTIES AND LIABILITY
8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your statutory rights are not affected by these Conditions.
8.3 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
8.4 We ask that you inspect the goods within 3 days of delivery. You must notify us immediately of any alleged defect, shortage in quantity, damage or failure to comply with description or sample.
8.5 If a fault is caused by accident, misuse or negligence, or it occurs outside the warranty period, it will not be covered by our warranty.
9. YOUR INSOLVENCY
9.1 If you make any voluntary arrangement, become bankrupt, insolvent or commit any other act of bankruptcy, we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10.1 We will not liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure to due to act cause beyond our reasonable control.
10.2 These Conditions do not purport to confer a benefit on any third party.
10.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.
10.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.5 If any provision of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.
10.6 The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the exclusive jurisdiction of the English courts.
10.7 We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.
10.8 All photographs, images and descriptions on this website are the copyright of Chelston Direct, and may not be reproduced without the express consent of Chelston Direct.
Company registration number: 06174877
Registered in: England & Wales
VAT Registration Number: 922 3053 60
11. YOUR RIGHT TO CANCEL
11.1 If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time up to seven working days after the day of delivery.
11.2 If you wish to cancel before the Goods are despatched, you are asked to contact us by email or phone as soon as reasonably possible.
11.3 If you wish to cancel after the Goods are despatched, please return the Goods to us indicating whether you require an exchange or refund. Please refer to our Returns policy.
11.4 Please note that this right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
If you are unhappy with your purchase for any reason, return it to us unused/unworn (within 30 days and we’ll give you a full refund or exchange. If returning a wetsuit, please make sure it is packed loosely and not folded inwards or vertically as this will cause creasing and damage to the wetsuit.
Simply enclose a covering letter with your name and full address together with your requirements.
Chelston Direct does not have a free collection service for returns; therefore take your parcel to the post office ensuring you opt for the extra compensation if the contents of your parcel exceeds the value of £32 – this will ensure you are adequately covered in the unlikely event of your parcel going missing in transit. We will refund the cost of your postage if the item you are returning is faulty or was incorrectly sent. Chelston Direct cannot be held responsible for any returns parcel lost in the post, therefore please keep your receipt as proof of postage.