In these Terms and Conditions the following words and phrases shall have the following meanings:
The placing of an Order by a Customer shall constitute an offer to the Company to purchase goods at the current price advertised by the Company. The Company shall have an absolute discretion as to whether or not to accept that offer.
If the Company decides not to accept an offer made according to the terms of Clause 2. above, it shall inform the Customer accordingly and refund or return to the Customer all monies included with the Order, or those sums relating to that part of the Order which is not accepted.
The Company shall endeavour to supply any and all items ordered. However, the Company reserves the right not to supply any or all items ordered by a Customer if the same are not available.
The Company shall endeavour to ensure that a Customer's Order is despatched at the time requested by that Customer. Where the Company is unable to despatch an Order at the time requested by a Customer, that Order shall be despatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
Title to and risk in the items ordered by the Customer shall pass to the Customer on delivery to the Customer(s) premises once full payment has been received by the Company.
7.1. If a Customer is not satisfied with any item supplied to them by the Company, he or she may return that item to the Company for a replacement or refund.
7.2. The Company's liability for any and all purposes including loss consequential to a breach of these Terms and Conditions or if any item supplied is in any way unsatisfactory shall be limited to a maximum of the value paid by the Customer to the Company.
Where the Company is liable to repay any amount to a Customer under these Terms and Conditions, that repayment shall take the form of a cheque or card refund for all sums.
A Customer may at any time before the day on which the Order is packed, amend or cancel the Order, including changes to the preferred despatch or collection dates, without incurring any extra charge.
10.1. Unless otherwise stated, all prices shown in catalogues and price lists include any VAT, which is chargeable on the sale of the particular item.
10.2. In the event that VAT rates increase during the currency of a catalogue or price list, the Company reserves the right to pass on any such additional amounts to the Customer.
11.1. These Terms and Conditions shall override all other contractual terms other than those implied under sections 12 and 14 of the Sale of Goods Act 1979.
11.2 Force Majeure. The Company shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire. The Customer may, upon notice in writing to Golding of Newmarket, terminate these Terms and Conditions in the event that any such act or event prevents the Company from performing its obligations hereunder for more than thirty (30) consecutive days.