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Definitions. "Buyer" means the person whose order for the sale of the goods and/or provision of the services is accepted by the Seller. "Seller" means OyezStraker Office Supplies Limited or such subsidiary as may provide the relevant goods or services. All orders are accepted on the basis of these conditions. Any conditions of purchase offered on behalf of the Buyer shall be deemed to be waived by the Buyer on acceptance of the goods or services. Minimum Order Value: £50. Deliveries of less than £50 attract a £5 delivery charge.
2. Price. The Seller reserves the right to vary prices without prior notification to reflect any increase in the cost to the Seller arising after acceptance of the order, which is due to any factor beyond the control of the Seller, any change in delivery dates, quantities or specifications requested by the Buyer, or any delay caused by instructions of the Buyer. Goods and services will be invoiced at the price ruling at the date of despatch.
3. Variations. No order which has been accepted by the Seller may be varied or cancelled by the Buyer without the prior written consent of the Seller. Any reduction in order quantity or goods returned will only be accepted with prior written approval of the Seller and will be subject to a handling charge of 10% of the invoiced value or £5.00 whichever is greater, plus delivery charges and refurbishing cost, where applicable.
4. Delivery. Acceptance of delivery of goods and/or provision of services (or any part thereof) shall be deemed conclusive evidence of Buyer's acceptance of these conditions. Delivery of the goods shall be made by the Seller delivering the goods to the Buyer's premises or, if some other place for delivery is agreed by the Seller, by the Seller delivering the goods to that place. Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Seller shall be entitled to make partial delivery or deliveries by instalments and to invoice for such deliveries as are made.
5. Non Delivery. If the Seller is unable to make actual delivery of the goods for any reason, or if the Buyer either fails to take delivery of the goods on the agreed delivery date or delays the delivery date; then the Seller may store or arrange the storage of the goods until actual delivery, at the risk and expense of the Buyer, and charge the Buyer the following: reasonable or actual (if with a third party) storage costs (including insurance); all additional transport and handling costs including the additional time of the Seller at its appropriate hourly or daily rates; and receive payment in full for the goods in storage, in accordance with the normal payment terms.
6. Notification. Claims for goods invoiced but not received must be made in writing, stating invoice number, within three days of date of invoice. Complaints concerning goods received damaged must be made in writing, stating nature of damage, date of receipt and invoice number, within seven days of receipt of goods. Goods cannot be accepted for return without prior notification and approval by the Seller.
7. Specifications. If goods are to be manufactured or provided in accordance with a design/specification provided by the Buyer, the Buyer shall indemnify the Seller against all loss, damage, costs, expenses in connection with same.
8. Payment. The Buyer shall pay the price specified in the invoice (without any deduction) net monthly, notwithstanding that physical delivery may not have taken place and the property in the goods has not passed to the Buyer. If the Buyer fails to make any payment on the due date then the Seller may charge interest on the amount unpaid, at the rate of 5 per cent per annum above the base rate of National Westminster Bank plc. The Seller also reserves the right to withhold further deliveries until all arrears have been paid. The Buyer's credit facility may be terminated by the Seller at any time without notice and without assigning any reason therefore. The Seller has the right to assign any amounts due from the Seller to a third party.
9. Force Majeure. If the seller is unable to perform the services for a reason of force majeure or any other reason outside the Seller's reasonable control, the Seller shall be entitled to charge the Buyer for any additional time, cost or expense incurred as a result thereof and where the Seller is unable to perform the services for any such reason for a period of more than two weeks the Seller shall be entitled to postpone its performance of the contract until such time as it is reasonably able to re-continue the performance of the services.
10. Warranty. The Seller shall have no liability in respect of parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer.
11. Consequential Loss. The Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the Buyer, except as expressly provided in these conditions.
12. Third Party Claims. If any claim is made against the Buyer that the goods or services infringe or that their use, resale or provision infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, any liability of the Seller to the Buyer shall be subject to the Seller being given full control of any proceedings or negotiations in connection with any such claim including the payment or settlement thereof.
13. Risk and Title. Risk in the goods shall pass to the Buyer upon delivery, title in the goods shall not pass to the Buyer until the later of delivery and receipt by the Seller of payment in full of all sums due or owing on any account.
14. Governing Law. These conditions and the contract for sale to which they relate shall in all respects be construed in accordance with and be governed by English Law.
15. Validity. Terms valid at date of issue. The Seller reserves the right to modify, without notice. When this occurs, the new Terms and Conditions are effective immediately and supersede prior published information.
Electronic Trading
The following terms shall be deemed to be accepted by placing an order on the website www.oyonline.co.uk (“the Website”):
16. Use. No part or parts of any information supplied on this Website may be reproduced in any form or by any means electronic or mechanical, including photocopying, recording or any information storage or retrieval system, except for the express purpose of placing an order or keeping a copy of an order or a copy of a report on products ordered.
17. Copyright. Copyright in the Website design and technology is and remains the joint property of the Company and E-Buzz B.V. and all rights are reserved.
18. Hyperlinks. The Website may contain hyperlinks to websites operated by other parties. The Seller does not control such websites and takes no responsibility for, and will not incur any liability in respect of, their content. The Seller’s inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
19. Password Security. The Buyer agrees that the person(s) using the Website for placing order(s) have the capacity and authority to place orders on behalf of the buyer (“Authorised User”). The Buyer is responsible for ensuring that only Authorised Users place orders on the Website and that the passwords issued by the Seller are kept secure and confidential. The Buyer agrees that the Seller is entitled to rely absolutely on any orders placed using the password(s) issued by the Seller. The Buyer shall inform the seller if they become aware of any unauthorized or mis-use so that new passwords can be issued.
20. Internet Security/Availability. The Buyer cannot guarantee the security of the internet or that the Website will be available at all times. However the Seller has exercised due diligence to ensure, so far as reasonably practicable, that the Website is secure and will be available during normal trading hours whenever possible.
21. Data Protection: the Seller undertakes that it shall not hold information about the Buyer which is excessive in relation to the purposes for which it is used; not keep information for any purpose for longer than is necessary; and process information in accordance with the Data Protection Act 1998.
22. Licence. The Seller hereby grants the Buyer a limited, non-exclusive, licence for the purpose of using the Website to place orders.
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