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Legal

1. Definitions

1.1 "Buyer" or "you" means the person or entity who buys or agrees to buy goods from Backworld

1.2 "Backworld" or "us" or "we" means Backworld Ltd

1.3 "Business Customers" means any person who, in buying something from Backworld, is not a Consumer

1.4 "Consumer" means any person who, in buying something from Backworld, is acting for purposes which are outside their business or organisation

2. Placing an order with Backworld

2.1 When you place an order over the telephone, by fax, by email or via our online ordering service we will treat it as an offer to buy. If we accept your order we will send you an emailed or written receipt confirming the quantity and price of the goods that you have ordered, together with your order number, at which point a contract will exist between you and Backworld. Alternatively, if we refuse to accept your order, for whatever reason, we will inform you in writing.

2.2 Backworld will treat all your personal information (such as name, email address, billing address, delivery address, telephone number, credit card or other payment details) as confidential, and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in force. We shall use such information only for the purposes of fulfilling your order, and by placing an order with us you authorise us to obtain necessary information about you from third parties, such as credit or debit card companies, in order to authenticate your identity, credit or debit card validity, and to authorise transactions.

2.3 You warrant and represent that the information you provide when placing an order with Backworld is true, accurate, current and complete in all respects

3. Price and payment

3.1 Prices are in accordance with the prices current at the time of the order. The price of the goods ordered shall be as confirmed in the emailed receipt that we send to you, though we reserve the right to rectify any error. Prices are in Pounds Sterling, and are inclusive of VAT and one delivery during working hours in the mainland UK, unless stated otherwise.

3.2 Payment shall be due at the time of the order. If you fail to make payment as required, or if your funds fail to clear or are subsequently recalled, Backworld may suspend delivery of the goods until payment is made in full.

4. Delivery

4.1 Delivery of the goods shall be made by Backworld, or our representatives, to such place in the mainland UK as you specify at the time you place your order, on an agreed date. You hereby confirm that you have adequate access and space, and personnel, to receive the goods on the agreed date. We are unable to deliver outside of normal working hours unless where stated otherwise.

4.1 Unless otherwise stated, the price of the goods includes one delivery in the UK(mainland). If an agreed delivery is refused or not completed, through the fault of the Buyer, and has to be re-delivered, a surcharge will be made amounting to 5% of the price for the goods, subject to a minimum of £85.

4.3 Any delay in delivery does not constitute grounds for cancellation of the order by the Buyer.

4.4 Backworld is authorised by you to make part or complete deliveries.

5. Damaged goods or incomplete deliveries

5.1 It is your responsibility to inspect the goods upon delivery and immediately report any damage or shortage by noting it on the delivery note/installation report and by contacting Backworld on 01392 202012. If you fail to do this then you must notify Backworld by email within 48 hours of delivery of any apparent damage or missing goods. Please note that under no circumstances will liability be contemplated by us in respect of damaged goods or shortages unless an emailed notification is received by Backworld within 48 hours of delivery.

6. Return of undamaged goods after delivery

6.1 We do not operate a return policy unless approved and confirmed in writing by us prior to order confirmation.

7. Order Amendments/Cancellations Prior to Delivery

7.1 Any changes to, or cancellations of, the order shown on the emailed order receipt prior to delivery, will only be accepted at our discretion, which will not be reasonably refused, and as confirmed by us in writing.

7.2 Requests for changes or cancellations (which includes amendment of any details of the order detailed on the order receipt) must be clearly documented and provide the following information:
 

    * Clear reference to the original order;
    * Clear information on the nature of the amendment.

 

7.3 Delivery dates for an amended order may be subject to change due to supply constraints.

8. Warranties and liability


8.1 All goods supplied by Backworld come with a 12 month manufacturer's warranty covering structural defect unless stated otherwise. This does not include where the defect is caused by you through accident, negligence or misuse. Backworld shall provide you with such information as is required to claim under the manufacturer's warranties. In the event of a claim, you should in the first instance contact our customer service department.

8.2 Notwithstanding that payment of all sums shall be due at the time of the order, interest on any overdue or outstanding sums shall accrue from day to day from the date when payment becomes due until the date of payment, at the rate of 4% above HSBC Bank base rate from time to time in force, and shall accrue at such a rate after, as well as before, any court judgment. This clause does not affect our statutory rights.

8.3 Where goods are manufactured by Backworld to the Buyer's design, the Buyer warrants and represents that such design does not infringe any design rights or other intellectual property rights of any third party and hereby agrees to indemnify Backworld against any loss or damage which Backworld may suffer as a result of any claim brought against it by a third party alleging infringement of its design or other intellectual property rights.

8.4 Insofar as is permitted by law, Backworld's only liability to you under these terms and conditions will be to make good any shortage or non-delivery, or to replace or repair any goods which are received by you in a damaged or defective state or, if appropriate and in accordance with these terms and conditions, to refund to you any sums actually paid by you for the goods in question. Backworld's total liability to you (save for death or personal injury) for any one claim or for the total of all claims arising from one act or default of Backworld (whether arising from Backworld's negligence or otherwise) shall not exceed the price of the goods in respect of which the claim is made.

8.5 Backworld will not be liable to you, in contract, tort, or otherwise out of or in connection with these terms and conditions, for any indirect or consequential loss, loss of reputation or goodwill, or damage arising out of any problem whether or not you notify us. Examples of indirect or consequential loss include but are not limited to loss of profits, loss of time, loss of contracts, or damage to property of the Buyer.

8.6 Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Backworld to deliver one or more instalment in accordance with these terms and conditions shall not entitle the Buyer to treat the contract as a whole or in part as repudiated. Backworld shall use its reasonable endeavours to meet any date agreed for delivery, but in any event time of delivery shall not be of the essence. Backworld reserves the right to sub-contract all or part of work arising form an order as it deems necessary.

8.7 Should the Buyer not comply with these terms and conditions, Backworld reserves the right to cancel or suspend an order or contract and the Buyer shall be liable for the costs of work completed and expenses incurred by or on behalf of Backworld. Furthermore, the Buyer hereby agrees to indemnify and hold Backworld harmless, on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by the Buyer.

9. Title and risk

9.1 Risk of damage to or loss of the goods shall pass to the Buyer upon delivery, or if the Buyer or his nominee wrongfully fails to take delivery of the goods, the time when Backworld attempted to deliver the goods.

9.2 Notwithstanding any other provision herein, title in the goods shall not pass to the Buyer until Backworld has received in cash or cleared funds payment in full of the price of the goods (and any additional costs arising pursuant to these terms and conditions) agreed to be sold by Backworld to the Buyer for which payment is then due.

9.3 Until such time as title in the goods passes to the Buyer, the Buyer shall hold the goods as Backworld's fiduciary agent and bailee and shall keep the goods separate from those of the Buyer and third parties, and properly stored, protected and insured and identified as Backworld's property. Until such time as title in the goods passes to the Buyer, Backworld shall be entitled at any time to require the Buyer to deliver up the goods to Backworld and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or third party where the goods are stored and repossess the goods.

9.4 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of Backworld, but if the Buyer attempts to do so all monies owing by the Buyer to Backworld shall (without prejudice to any other right or remedy of Backworld) immediately become due and payable.

10. Insolvency

10.1 This clause 10 (Insolvency) applies if:

You enter into any voluntary arrangement with your creditors; if any administrative, bankruptcy, or winding up order is made against you; if you go into liquidation, or a receiver is appointed; if you cease, or threaten to cease, to carry on business, or if we believe that any of these events are about to occur, and advise you accordingly.

10.2 If applicable we will be entitled to cancel any contract, and suspend supplies or services without incurring any liability to you. If goods or services have been supplied but not paid for, then all sums will become immediately payable. If they are not all paid, we will be entitled to enter your premises during normal business hours and remove any goods owned by us. These rights are in addition to any other rights which we may have.

10.3 You must inform us immediately it you are aware that any event in this Clause 10 (Insolvency) has occurred or is likely to occur.


11. General

11.1 Backworld shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at our premises or manufacturing plants, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Backworld shall be entitled to a reasonable extension of its obligations.

11.2 Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing and in the case of notices to Backworld, addressed to Backworld at 202 Topsham Road Exeter EX2 6AA, or fax number 01392 491447, or by email to info@Backworld.co.uk, or in the case of notices to the Buyer, at the Buyer's postal address, fax number, or email address as provided to Backworld.

11.3 No statement, description, warranty, condition or recommendation contained in any catalogue, price list or advertisement or communication made verbally by any of the agents or employees of Backworld shall be construed to enlarge, vary, amend or override in any way thereof any of these terms and conditions, unless expressly confirmed in writing by a director of Backworld as so doing. The Buyer hereby confirms that, in agreeing to be bound by and abide by these terms and conditions, he has not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and the Buyer agrees that he shall have no remedy in respect of any representation.

12. Additional costs


12.1 The Buyer agrees to pay for any loss or extra cost incurred by Backworld through the Buyer's instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

13. Waiver

13.1 No waiver by Backworld of any provision or term or condition herein shall be construed as a waiver of any preceding or succeeding breach of any provision, term of condition.

14. Proper law of contract

14.1 This contract shall be governed by the laws of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the English courts.

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