TERMS & CONDITIONS
These terms and conditions apply to your use of www.sibbons.co.uk. You must read these terms carefully (we recommend printing off a copy and keeping for future reference). These conditions apply to all the company’s sales and any variation to these conditions and representation of the products (all conditions contained on site), shall have no effect unless expressly agreed in writing and signed by a director of the company or the website manager. The company’s sales staff have no authority to accept, vary or amend these conditions.
The other sections of the website are included within the scope of these terms (terms of use, privacy policy, returns, delivery and payment options). Please ensure you have read all relevant sections.
By accessing this website you are confirming you have read and agree to all terms in their entirety. If you do not agree with any of these terms, do not use this website.
The customer acknowledges they have not relied on any statement, promise or representation made or given by, or on behalf of the company which is not explicitly set out in the contract. Nothing in these terms shall exclude or limit the company’s liability for fraudulent misrepresentation. Any reliance on material is done so at the customers’ own risk and we accept no responsibility for any diminished enjoyment or experience in the use of the site.
These terms and conditions do not affect your statutory rights.
Where any conflict between current and supplied or additional terms and conditions, the latter shall prevail.
We sell both to business and non-business customers. Any special wording requirement for VAT purposes on any invoices or correspondence different to that entered at time of billing must be submitted to us before the final invoice is generated at time of invoice.
Hire terms are agreed at time of contract.
CONFIDENTIALITY
The customer shall keep all extra information and discussions confidential from any and all third parties. This includes any technical or commercial information based upon any discussion or negotiation held with Sibbons (Alresford) Ltd relating to the products within the contract.
DELIVERY, COLLECTION & STOCK
1) All delivery dates and times are approximate only and we shall not be liable for any delay in the delivery service. We will try our best to inform you of any early or late delivery time.
2) If the customer fails to take delivery of the goods, or fails to give correct instructions for delivery, then, without prejudice to any remedy or other right available to the customer, we may:
i) Store the goods until a new delivery (including the cover of reasonable costs), until actual delivery occurs.
ii) Sell the goods at the best readily obtainable and (after deducting all reasonable selling expenses and storage costs) account to the customer for any excess over the contract price, or charge the buyer for any amount below the contract price.
3) In the event that we are found to have liability under our terms and conditions, or under statutory law, this liability shall be limited to the excess of the costs to the customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
4) Where the goods are set to split delivery, each delivery shall be treated as a separate contract, and failure by us to delivery and one, or more, of the instalments, does not entitle the customer to refute the whole contract, just the one, specific part, in accordance with these Terms and Conditions.
5) A valid signature will be required upon delivery.
6) In the unlikely event a delivery will take more than 30 days, you have the right to cancel your order by notifying us prior to delivery
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7) You must do all you can to make sure you are available for acceptance of the delivery. If delivery is delayed or fails we will try arrange a re-delivery with the courier, if the delivery fails due to events within your reasonable control, you will be liable for the cost of re-delivery. If you aren’t able to accept a re-delivery, we may cancel your order and refund you the price of goods, less any and all delivery charges.
8) Until you pay in full, the ownership of the goods remains with us. Until ownership passes from us, you shall:
i) Safety hold the goods for us
ii) Return the goods immediately if asked
iii) Not be entitled to use the goods
iv) Be liable to us for any loss, damage or destruction of the goods
9) Until you have paid in full all goods will be stored by you at no charge to us, separately from your other products and clearly marked as our property.
RETURNS AND EXCHANGES
Please refer to our Returns section for full explanation of our returns policy.
AVAILABILITY
We always try to ensure sufficient stock levels; however, with certain suppliers and items this isn’t possible, approximate lead times are displayed in the “Delivery” section of the website. If we cannot delivery within 30 days, or the supplier does not have sufficient stock, we may, at our discretion (we endeavour to try to inform you of any updates), supply a substitute product, or refund you the price paid as soon as possible (with account customers of course we will raise a credit to offset the amount owed).
CANCELLATIONS
You may cancel your order by giving us written notice within 30 days of placing the order, and prior to delivery or collection.
If cancelling after delivery please follow our “Returns Policy” in the “Returns” section of the website.
Cancellations have to be agreed by Sibbons (Alresford) Ltd before accepted. If Sibbons do not accept the cancellation, goods will be sent as per the contract and no refund offered. The customer assumes all responsibility and excess cost resulting from any specific/custom request of the customer (including any delivery costs).
COLLECTION
Any orders placed may be collected. If this option is selected the order will be picked, and any relevant products ordered, you will be informed when the full order is ready for collection and it will be held for up to 30 days (or longer at our discretion) for you to come to collect.
Collections are only available during our normal opening hours.
CLEARANCE
All products considered clearance (will be noted on site) are sold as seen (packaging damage may have occurred, is incorporated into final price). Returns can only be accepted if the product is either damaged or faulty. Should products not be available at time of order the customer shall be informed and refunded for the cost of the product.
ORDERS
No order, despite any payment which may of occurred, shall be accepted until confirmed in writing by an employee of Sibbons (Alresford) Ltd. The buyer shall be responsible for the accuracy of the order, especially with regards to any alterations which may need to take place.
We reserve the right to make any changes to the product description or specification at any time; this obviously does not materially affect the performance of quality of the product. All sizes given on the website are approximate only to the specification of the product; we accept no liability for any potential difference in the size of the product.
If the goods are to be manufactured or any process has been requested by the customer (screen printing clothes, product attachments or size modification etc) the order cannot, and will not be cancelled without sufficient compensation. If the customer cancels the order, at our discretion, we may hold the item for future sale without refund, until such a sale is made, where the customer will be compensated based upon the new sales figure (minus any delivery costs).
Sibbons may assign the contract or any part of it to any person, firm or company. The customer may not assign any part of the contract to any other party unless with express written consent from Sibbons.
PRODUCT DESCRIPTIONS
All efforts are made to ensure the accuracy of all product description, specifications and pricings. There may however be occasions where errors or omissions have been made. Should a situation such as this occur, Sibbons (Alresford) Ltd cannot accept your order. In the event of a mistake you will be contacted with a full explanation and a corrected offer. The information displayed is considered as an invitation to treat not as a confirmed offer for sale. The contract is only confirmed upon the supply of goods.
Any views expressed on the website are the opinions of those users and may not necessarily represent the views, opinions, beliefs or values of Sibbons or any affiliated company.
Sibbons disclaims all representations and warranties, express or implied, that content or information displayed in or on this website is, complete, up to date, accurate and/or does not infringe the rights of any third party (to the extent permitted by applicable law).
PRODUCT ADVICE
Please call and speak to any of our hire and sales representatives for further details on any products you are interested in, if there is any further help that can be offered we will be happy to help. However advice is only guaranteed by an approved, appointed hire and sales representative, we hold no liability for any advice given by a member of staff outside of our sales team.
Any advice given with regards to certain jobs is merely advisory and we hold no responsibility for any result of our advice, direct or indirect, and any losses you may suffer as a result. Any advice does not impact any condition of the contract and must be treated as a separate service. We always advise you to contact the manufacturer if unsure of any aspect of the product or its use.
QUALITY
Sibbons endeavours to ensure that all goods are of a satisfactory quality (within the meaning of the Sale of Goods Act 1979) and to be reasonably fit for purpose, with the customer writing to Sibbons to confirm any intended purpose with written return confirmation that it is reasonable to rely on the judgment, experience and skill of the staff at Sibbons (overuse or use not fit for purpose uses shall be down to user wear and the customer shall not hold Sibbons liable). The warranties applicable here are given in lieu and shall exclude the operation of the implied terms as to fitness for purpose and satisfactory quality in the Sales of Goods Act 1979, to the fullest extent permitted by law. Sibbons shall not be liable for a breach of any of the warranties stated above unless written notice is given within 10 working days of a fault in line with our “Returns” policy. The company then must be given a reasonable opportunity after the product has been sent back (customer covers cost) to our place of business for a full examination of the product to take place. Cover is also lost if the item is used after a return has been arranged, if the customer failed to follow any advice or instruction from Sibbons, it was not stored correctly, did not follow good trade practice or was not maintained. Also if the buyer attempts any repair themselves, or changes the nature of the product, all warranties become void.
General warranties are held with the manufacturer and must be dealt with directly.
If any refund or exchange is given the company shall hold no further liability for any breach of the warranties stated above in respect of these products.
YOUR INFORMATION
WE MAY COLLECT AND PROCESS THE FOLLOWING DATA ABOUT YOU:
1) Information that you provide by filling in forms on our site. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also as you for information when you report a problem with our site.
2) If you contact us, we may keep a record of that correspondence.
3) We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
4) Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data.
WE USE INFORMATION HELD ABOUT YOU IN THE FOLLOWING WAYS:
1) To ensure that content from our site is presented in the most effective manner for you and your computer.
2) To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
3) To carry out our obligations arising from any contracts entered into between you and us.
4) To allow you to participate in interactive features of our service, when you choose to do so.
5) To notify you about changes to our service.
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
1) In the event that we sell or buy and business or assets, in which case we may disclose your personal data to the prospective seller of buyer of such business or assets.
2) If Sibbons (Alresford) Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
3) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use, terms and conditions and other agreements; or to protect the rights, property of safety of Sibbons (Alresford) Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Further information about your and website information can be found in the privacy policy.
USE OF SITE
WEBSITE AVAILABILITY
We make no promise that the services at the website will be consistently fault free. If a fault occurs in the service please report it to us as soon as you can, enabling us to correct the fault as soon as we can.
Due to on-going maintenance and repairs, upgrades, or general maintenance to the website, parts of the site may on occasion be restricted or down, we will of course endeavour to keep these disruptions to a minimum.
IN ACCESSING THE SIBBONS WEBSITE, THE USER SHALL NOT.
i) Harm other persons or infringe their personal rights
ii) Breach public morality in its manner of use
iii) Violate any intellectual property right or any other propriety right
iv) Upload any harmful contents (virus etc), or any other program which could harm data
v) Transmit, store or upload links or contents which the user is not entitled to, especially which are unlawful or in breach of confidentiality obligations
vi) Distribute advertising emails or unsolicited emails, or request the participation in any action or event either online or in person.
vii) To not modify, change, delete, interfere with or misuse data contained on this website and entered by, or related to, any third party we allow to display data on this website
viii) Sibbons may deny access if any of these conditions are broken.
PASSWORD, ACCOUNTS AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, including any activity which occurs under your account. We will not be held liable for any damage or loss which may come as a result of any activities that occur under your account, neither will we be liable for any loss or damage resulting from your inability to protect your account/password.
Any use of this website provided by Sibbons is subject to these Terms of Use. These terms may be amended, modified or replaced by other terms and conditions without any prior notification.
With regards to offers aimed at companies, people or public enterprises. This is represented by the user and must assume the user has appropriate knowledge and acts accordingly.
Sibbons may stop the operation of the website in full, or part, at any time. Due to the nature of the internet and computing systems, we cannot guarantee the full, permanent availability of our website.
This website, and any information or other material contained in it are made available strictly on the basis that you accept it on an ‘as is’ and ‘as available’ basis. Where you rely on material contained within it, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of this website are excluded to the fullest extent permitted by law. We exclude all liability whatever, to the fullest extent permitted by law, in respect of any loss or damage resulting in or arising from any non-availability or use of this website or of any other website linked to it, or from reliance on the contents of this website or any material or content accessed through it.
Any images or information are correct to the best of our knowledge (or is the most accurate current image for any given product). We do not accept any liability for the image not expressly matching the product description. If in any doubt or in case of misinterpreted data or images, please contact our customer helpline, both to assist with your product/hire and to aid us in future use and accessibility of the website.
PAYMENT TERMS
1) Occasionally an error in pricing may occur on one specific, or a line of products, in such a situation we will not be obliged to supply any goods at the incorrect price.
2) Unless you are informed differently, the price payable for goods on our website is as set out on the site at the time of ordering. Prices in-store again is as stated in store. If such a situation is to occur, we withhold the right to charge different prices based upon where the item is purchased. Unless decided at the time in-store, we do not have to match any online price.
3) Unless you hold a credit account, we must receive the full payment for the entire order (including any delivery or extra charges), before your order can be processed, unless it has been agreed prior to the transaction in writing.
4) All prices are exclusive of VAT (though the total is shown on the products).
5) We reserve the right to change any prices at any time on the website. If this happens after an order has been placed we will inform you before delivery commences.
6) Any cheque payment needs to be cleared before delivery of the goods and will incur a charge of £42.50+ VAT per cheque made payable by the customer.
CREDIT ACCOUNT CUSTOMERS
1) Payment shall be made in full at the end of the month following the date of the invoice. We may revoke your credit if you fail to make the payment when due. If payment is not made, you will be liable for both the full amount, and any reasonable legal fees or recovery costs. You are responsible for all orders placed by your employees (or, if you fail to protect your password, made via the account), and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as any employee is no longer authorised to place orders upon our website.
2) We shall be entitled at all times to set off any claim or debt which we may have against you against any sums due from you to us.
3) Even if we have previously provided you with credit, we reserve the right not to complete any order if there is any balance outstanding on your account deemed unsatisfactory to us.
4) You may not withhold payment of any invoice or outstanding amount due to us for any reason; including any counter claim you may allege to have.
DEBTS
1) The company may appropriate any payment made by the customer to Sibbons against any amount that are owed by the customer to us for the longest period not withstanding any prior appropriation of that payment by the buyer.
2) If any customer has currently, or in the past defaulted on any contract for any reason then the directors of Sibbons (Alresford) Ltd, will undertake to:
i) Ensure as principal debtors, that any payment on a default be made to Sibbons immediately and on demand.
ii) Indemnify the company for any and all damages, losses, claims, costs, charges, liabilities, demands, actions and proceedings which Sibbons may maintain, incur or which may be brought against Sibbons by any business or individual due to, or any reason pertaining to, any default.
LINKS TO AND FROM SITE
Linking to any part of the Sibbons website bar the home page is strictly prohibited. Links can only be displayed with express written consent from either a director or a member of the web development team at Sibbons. Any website, or other device that links to www.sibbons.co.uk or any page available therein is prohibited from:
i) Replicating content
ii) Using a browser or border environment around the content
iii) Implying in any fashion that Sibbons or any of its affiliates endorse it or its products
iv) Misrepresenting any state of facts, including its relationships with Sibbons or any of Sibbons’ affiliates
v) Presenting false information about Sibbons products or services
vi) Using and logo or mark of Sibbons or any of its affiliates, without express written permission from Sibbons.
DISCLAIMER, LIABILITY AND COPYRIGHT
We do not warrant that the website or the server makes it available are free from viruses or bugs. It is your responsibility to implement any procedures and virus checks to satisfy your own requirements.
To the maximum extent permitted by law, in relation to the website, its content, and our obligations under these terms, we exclude:
i) All representations, warranties and other terms (whether express or implied by law)
ii) Any liability for any loss or damage incurred by any user (including any loss of data, loss of profits, reputation of goodwill, anticipated savings, business, or losses suffered by third parties), whether direct, indirect, special, incidental or consequential, even if foreseeable, and whether caused by tort (including negligence), breach of contract or otherwise.
The content of this website is protected by trademarks, copyright and other intellectual property rights. All rights, including copyright and other intellectual property rights, in and to this website, are licenced or owned by Sibbons (Alresford) Ltd.
In acquiring any copyright or other intellectual property rights via the website, you will unconditionally and irrevocably waive any and all moral rights you acquire in or to the website.
1) Where goods have been sold on a consumer transaction, as defined by the Consumer Transactions order 1976, these conditions do not affect the statutory rights of the buyer.
2) If a valid claim is made with regards to any defect in the quality or condition (beyond what is expected of the product), or of failure to meet the minimum specification of the product (unless covered directly by a manufacturer’s warranty), we, as the seller, shall be entitled to replace the goods or relevant part, or refund an amount as appropriate, but we shall have no further liability to the buying customer.
3) Excluding consumer purchases (within the definition 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 law.
4) Any claim by the buyer for returns must be submitted as above. Even if rejected upon delivery the standard returns note procedure must be followed (unless due to damage in transit). If the customer does not notify Sibbons accordingly, the customer shall not be entitled to reject the goods and we, as seller, shall have no liability for any defect or failure, with the customer bound to pay the price as the goods have therefore been delivered in accordance with the contract.
5) Excluding death or personal injury caused by the seller’s negligence, the seller is not liable to the customer due to any duty at common law, representation, implied warranty, for any loss or damage (of any kind), damage, expenses, costs or any other claims for consequential compensation whatsoever, which arise out of, or within connection to the supply of goods. This including use or resale.
6) We shall not be liable to the customer or be deemed in breach of the contract, due to any failure to perform any of our obligations, if the delay or failure was due to any cause beyond our reasonable control. This includes, but is not limited to:
a) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority.
b) Power failure or breakdown in machinery.
c) Import or export regulations or embargoes.
d) Act of God, tempest, flood, explosion, fire or accident.
e) Difficulties in obtaining raw materials, fuel, parts, machinery or labour.
f) Threat of war or war, insurrection, civil disturbances, requisitions or sabotage.
g) Strikes, lock-out or other industrial actions or trade disputes (both seller or a third party).
INDEMNIFICATION
You acknowledge and agree to indemnify and hold Sibbons, their affiliates, employees and agents, harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of your use of Sibbons or the services, your violation of these terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.
We reserve the right to make any changes to these terms at any time without prior notice.
If any of these terms are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect that viability of the remaining provisions of these website terms, which shall remain in full force and effect.