By using our website and/or placing an order for goods you confirm your agreement to our terms and conditions. The buyer's attention is in particular drawn to the provisions of Clauses 12.4 and 12.5
In this Agreement, the following words shall have the following meanings:
'Buyer', 'You', 'Your' means any person accessing ecrater or placing an order through ecrater.
'Delivery Date' means date specified by us when we confirm your order.
'Goods' means as set out and accepted on the order form.
'Price' means as specified on the Website at the time of ordering.
'Seller', 'We', 'Our', 'Us' means Temp Tools, 'Website' means any website owned or used by us in relation to our business.
'Business Day' means Monday – Friday (inclusive), but excluding public holidays in China
2 2.1. The Buyer agrees to buy, and the Seller agrees to sell, the Goods at the Price for delivery by the Delivery Date
2.2. The quantity and description of the Goods are set out on the order form
2.3. All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these terms and conditions
2.4. You must be eighteen years old or over to use the Website or order Goods through the Website. If you are under eighteen, you may only use the Website or order Goods through the Website in conjunction with, and under the supervision of, a parent or guardian.
2.5. You undertake that all details you provide to us for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
2.6. No order submitted by you shall be deemed to be accepted by us unless and until we confirm acceptance of your order by email to the email address you provide on the order form (where applicable) or by telephone. Our acceptance of your order brings into existence a legally binding contract between us.
2.7. We are entitled to refuse any order placed by you and will not be required to provide an explanation
2.8. You shall be responsible for ensuring that the specification selected by you is accurate.
3 Conditions applicable
3.1. The express provisions of these terms and conditions shall apply to the sale of the Goods by us to you. Any provisions not set out in these terms and conditions, including any which you apply or purport to apply, shall not be terms and conditions concerning the sale of the Goods by us to you, however such provisions are introduced (including but not limited to provisions included on purchase order(s), confirmations of order or similar documents).
3.2. Any variation to the provisions of these terms and conditions (including any special terms and conditions agreed between the Parties) shall be inapplicable unless agreed in writing by the Seller.
4. Buyer’s right to cancel the contract
4.1. You may cancel your contract with us for the Goods you order at any time up to the end of the seventh Business Day from the date you receive the Goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2. To cancel your contract you must notify us in writing.
4.3. If you have received the Goods before you cancel your contract then you must send the Goods back to our contact address at your own cost and risk. If you cancel the contract but we have already dispatched the Goods to you then you must not unpack or use the Goods when they are received by you and you must contact us immediately and we will organise collection at your own cost and such cost which will be the same as the original delivery price paid by you.
4.4. If you cancel the contract but we have already dispatched the Goods to you then we will arrange the Goods to be returned to us at your own cost and such cost which will be the same as the original delivery price paid by you. Should the Goods arrive after you have cancelled the contract then you should not unpack or use the Goods.
4.5. If we find that the Goods have not been returned to us in unused, unassembled and in fully resalable condition with original packaging, we reserve the right to refuse a refund on the Goods, or deduct up to 25% of the original selling price from the refund amount. This does not effect your statutory rights.
4.6. Once you have notified us that you are cancelling your contract, and subject to clause 4.4, any sum debited to us from your Paypal will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.
5. Cancellation by us
5.1. We reserve the right to cancel the contract between us if;
5.1.1 we have insufficient stock to deliver the Goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 one or more of the Goods you ordered was listed at an incorrect price on the Website (see 6.2 below) or there were any other errors made in the description of the Goods on the Website.
5.2. If we do cancel your contract we will notify you by email or telephone and will re-credit to your account any sum deducted by us from your Paypal as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment or other losses of any kind suffered by you.
6.1. The prices payable for the Goods are as set out on the Website.
6.2. Whilst we try and ensure that all prices on the 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 reconfirming your 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 you have already paid for the Goods, you will receive a full refund. We shall be under no obligation to fulfil an order for Goods advertised at an incorrect price.
6.3. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website.
7.1. Payment will be charged to Paypal account provided by you on the Website order form
7.2. By placing an order, you consent to payment being charged to your Paypal account as provided on the order form
7.3. Payment for the goods becomes due immediately on placing your order and shall be made prior to delivery being made
7.4. If payment is not received by the due date, we shall be entitled:
7.5.1 to require that you make a payment in advance of any delivery not yet made;
7.5.2 not to make any delivery.
8.1. We shall deliver the Goods to your address (as provided by you) on the Delivery Date. The cost of delivery shall be in addition to the Price. The cost shall be subject to the method of delivery, and shall be payable at the same time and in the same manner as the Price. If re-delivery is required a further charge will be applied.
8.2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
8.3. For the avoidance of doubt, the Delivery Date or other date given under these terms & conditions is no more than an estimate, and shall not be of the essence.
The risk in the Goods shall pass to you upon delivery to you.
The property in the goods shall not pass to you until we have received the payment of the Price (and any other sums that are due or owing to us by you) in full, whether or not delivery has been made.
11. Seller’s Warranty
11.1. If you find a material defect in the Goods within 30 days (“the Warranty Period”) from and including the date of dispatch then we will at our sole option as soon as is reasonably practicable replace defective parts PROVIDED THAT:
11.1.1. You inform us in writing within 7 days of the defect being discovered and then proceed as instructed by us, including arranging the prompt return of the claimed faulty part to us for inspection, at your expense;
11.1.2. The defect existed in the Goods at the time of delivery of the Goods or arose from a manufacturing fault, faulty materials or workmanship, and did not result from any modification or alteration of the Goods by the Buyer, or from normal deterioration, or from improper or faulty connection, installation, handling, storage (goods need must be covered to prevent weather damage) or use of the Goods by you, or any failure by you to comply with the instructions provided by us;
11.2. The warranty applies to parts only. Labor charges are not included.
11.3. Wear and tear to parts and parts that require maintenance are excluded from the warranty in 11.1 above. These parts include and are not limited to Heat/Heating Elements;
11.4. Where we have the benefit of any warranty in respect of the Goods or any parts or components comprised in the Goods, or any parts or components comprised in the Goods, this warranty or guarantee shall replace the above warranty in so far as the defect relates to such parts or components, and we will use our best endeavors to extend to you the benefit of that warranty or guarantee. The warranty is non-transferable.
12.1. If the Goods we deliver are not what you ordered or are damaged, defective or has missing parts, we shall have no liability to you unless you notify us in writing by recorded by email to email@example.com of the problem within 24 hours of the delivery of the Goods in question.
12.2. If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, you must notify us in writing by recorded delivery by email to firstname.lastname@example.org of the problem within 40 Days of the date on which you ordered the Goods.
12.3. If you notify a problem to us under Clauses 12.1 or 12.2, our only obligation will be, at our option:
12.3.1. to make good any shortage or non-delivery;
12.3.2. to replace or repair any goods that are damaged or defective; or
12.3.3. to refund to you the amount paid by you for the goods in question onto the card of purchase.
12.4. OTHER THAN AS SET OUT IN CLAUSE 11, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE OR THE GOODS AND ALL TERMS, CONDITIONS OR WARRANTIES IMPLIED BY STATUTORY OR COMMON LAW RELATING TO THE WEBSITE OR THE GOODS ARE EXCLUDED FROM THE AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
12.5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) and/or loss from claims of third parties arising out of the use of the Website and/or the Goods and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under Clause 12.3.3 above.
12.6. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
12.7. We shall not incur or accept any liability concerning any representation made by the Seller (or made on the Seller's behalf) to the Buyer (or any person acting on behalf of the Buyer) prior to the making of the contract (save in relation to any fraudulent misrepresentation);
12.8. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or willful default, or for fraudulent misrepresentation.
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