Terms & Conditions
Terms and Conditions
You are strongly advised to read these terms and conditions carefully especially the ‘Returns Policy’
No addition to or variation of these conditions will be effective unless in writing signed on behalf of the Company by an authorised officer.
In these conditions of sale the expressions 'the Company' ‘the Seller’ ‘We’ ‘Us’ and ‘Our’ means Silverstone Factors Limited with which the contract for the sale of goods is made.
‘The contract’ means the contract between the Seller and the Buyer for the selling and purchasing of goods, which includes these conditions, the order and our returns policy.
‘Working Days’ means any day Monday through Friday in a general working week, and does not include Bank or Public Holidays.
‘The Buyer’ means the Company, Firm or Person who is to be supplied with the goods pursuant to the contract.
‘The Order’ means the offer by the Buyer to the Seller to purchase goods in accordance with these conditions.
‘The Goods’ means the goods requested by the Buyer to be supplied by the Seller in pursuance of the contract, as displayed on the Sellers website and as varied from time to time.
‘The Price’ means the price accepted by the Buyer and Seller at the time of entering into the contract.
‘The Sellers Returns Policy’ means the system put in place by the Seller for the return of goods, this policy may be re-published or altered by the Seller from time to time.
‘The Services’ means the service provided by the Seller to the Buyer pursuant to the contract.
‘Force Majeure’ means any unforeseen acts, omissions, errors or delays that may occur outside of the Sellers control. This includes, but is not limited to Fire, Flood, Disaster, Acts of Terrorism or fault of a third party.
Any clerical or typographical or any other error or omissions in any web page, catalogue, price list, quotation or any other published matter issued by the Seller (including and not limited to electronic communications) can be corrected by the Seller without liability, either in contract, tort or otherwise on the part of the Seller and the amended price shall be paid by the Buyer.
Goods are not supplied on any form of approval, test or trial basis, all goods returned under our ‘Returns Policy’ must adhere to the conditions set out in this policy.
Every quotation or tender is open for acceptance in writing within thirty days from its date, and is subject to confirmation by the Seller upon receipt of acceptance, provided that it shall be deemed to have been confirmed by the Seller if not expressly withdrawn by notice to the Buyer within ten days from receipt of such acceptance.
Unless expressly incorporated in the contract of sale in writing: -
(a) No statement, representation, illustration or other particulars in regard to any of the Sellers products contained in any catalogue, price list, website or other published matter, or in any tender form part of such contract.
(b) The Seller makes no warranty or representation in respect or performance figures, or suitability or fitness of products for any particular application or purpose.
Any despatch date or time quoted for the execution of an order is provisional only, and the Seller shall not be liable for failure, for whatever reason to despatch on such a date or within such a time.
The right is reserved to deliver and invoice part shipments of goods against any order unless specific instructions to the contrary have been given to the Seller. If the Seller fails to make any delivery or makes a defective delivery of any instalment, then such failure or defective delivery shall not affect the obligations of the Seller and the Buyer in connection with other instalments and the Buyer shall not be entitled to treat such failure or defective delivery as a breach of the whole contract.
The title of the goods supplied by the Seller to the Buyer will only be transferred to the Buyer when the Buyer has paid in full all that is owing on the goods supplied, whereas the risk in the goods shall pass to the Buyer when the goods are delivered to the Buyer and the Buyer shall ensure that from that time until payment in full the goods are adequately insured against loss or damage by fire or any other insurable risk.
The Seller reserves the right to charge the price of the goods, and the price of delivery as agreed between the Buyer and the Seller (subject to force majeure) at the time of entering into the contract.
Force majeure, the Seller reserves the right by giving notice to the Buyer at any time before delivery, to increase the price of the goods
To, reflect any increase in the cost to the Seller which is due to any circumstances outside of the control of the Seller, including and not limited to any increases in cost price, delivery cost, market fluctuations, quantities or specifications for the goods requested by the Buyer, or to recover costs caused by any delay incurred by the buyer giving inadequate information or instructions.
(a) Unless otherwise agreed: -
(I) All prices are strictly net ex-works and exclusive of Value Added Tax, which will be added or charged to invoices at the appropriate rates.
(ii) Invoices will be rendered either after despatch or on completion of the goods comprised in an order and after the scheduled despatch date.
(iii) Payment is due from Buyers with approved credit facilities within 30 days of date of invoice. Payment in advance will be required in circumstances where credit facilities are withdrawn or not approved.
(b) The Seller reserves the right to charge interest on overdue accounts at 3% over its Bankers base lending rate and such interest shall accrue on a day to day basis from the date of invoice.
(c) Stipulations as to the time of payment shall be deemed to be of the essence of the contract, and the Buyer shall not make any deductions by way of setoff against the price invoiced.
We accept all major credit/debit cards, we regret cheques are not accepted, please do not mail cash.
Proof of identity may be required under certain circumstances, we are proactive in the fight against fraud and may without prejudice ask for proof of identity, for example in the instance of and not limited to credit/debit card details not matching the delivery address.
The Seller also states that the credit/debit card used to make any purchases is the Buyers own personal or companies card, and is authorised to use it, and that there are sufficient funds or credit available to pay the full cost of the order being placed and processed by the Seller, the Seller requires validation of all credit/debit card transactions and reserves the right to validate the buyers credit/debit card with the details provided prior to the shipment any goods.
The Seller reserves the right to invoice the Buyer for the goods at any time after receiving the Buyers order, most of the time the Buyer will have ordered and paid for the goods using our website, however placing of such an order does not constitute acceptance of the order by the Seller until delivery has been made in full.
If the Buyer shall fail to make any payment as it becomes due or if any distress, execution or any legal process shall be levied upon or issued against the Buyers property or if the Buyer shall commit any act of bankruptcy, or shall enter into any composition or arrangement with its creditors, or being a Company shall have its receiver appointed or if any petition to wind up the buyer shall be passed or presented, the Seller may without prejudice to all its other rights and remedies, either suspend or cancel further deliveries under the contract, stop any materials in transit or require payment in advance for all or any such further deliveries and payment in respect of any delivery already made shall be immediately due.
Goods from stock are usually despatched by Carrier or Post to UK Mainland addresses on the day the order is placed so long as the order and payment conformation are received no later than 3pm, large bulky items may be despatched from the Manufacturer directly and usually take 3-4 working days, However any despatch date or time quoted for the execution of such an order is provisional only, and the Seller shall not be liable for failure, for whatsoever reason to despatch on such a date or within such a time.
Goods can be despatched at the Buyers request by post, please note the Buyer takes full responsibility for goods shipped in this manner and no warranties are either expressed or implied which will cover the loss in transit of such deliveries, proof of postage can be supplied if requested.
All goods despatched by Carrier will require signing for upon delivery, the carrier will not leave a parcel ‘un-signed for’ or at ‘any other address’ other than the original delivery address.
The right is reserved to deliver and invoice part shipments of goods against any order unless specific instructions to the contrary have been given to the Seller. If the Seller fails to make any delivery or makes a defective delivery of any instalment, then such failure or defective delivery shall not affect the obligations of the Seller and the Buyer in connection with other instalments and the buyer shall not be entitled to treat such failure or defective delivery as a breach of the whole contract.
Unless otherwise agreed in writing by the Seller, liability for goods damaged or lost in transit will only be accepted in the following circumstances: -
(a) The Seller shall use all means available to ensure delivery is made to the address specified by the Buyer using the carrier of the Buyers choice, in the event of a ‘non’ delivery attempt by the Carrier for whatsoever reason goods may be re-issued for delivery after a reasonable time of investigation by the Seller.
(b) At the point of delivery the buyer refuses damaged, opened or empty packaging from the carrier of the Buyers choice.
The Seller warrants that all products supplied will be of satisfactory quality, and will not fail during the ordinary task for which the product is designed, for the term specified by the products manufacturer (details available for all products not already featured on request), the Seller does not warrant any special use or application for such products to the Buyer.
No warranties will apply to any Buyer in regard to any kind of fraud or fraudulent misrepresentation of any product.
The Seller will endeavour to pass all benefits of manufacturers guarantees of warranties to the Buyer, however all guarantees or warranties except laid out in this policy are excluded, which includes any statute, common law or otherwise, to the fullest extent of the law.
It is highly recommended that any goods returned to us are sent by carrier, or sent by post signed for, proof of postage does not guarantee proof of delivery.
Goods are not supplied on any form of approval, test or trial basis, however we are happy to accept goods returned by the Buyer as unwanted or ordered in error, goods must be returned within 7 days of receipt by the Buyer using the returns form, with a copy of the invoice, and must be in ‘as received’ condition, in the original packaging ‘un-used’ and ‘un-opened’, goods must be sufficiently packaged by the Buyer to arrive intact and undamaged with the Seller, and returned to the Seller at the Buyers cost (non refundable), if the Buyer chooses not to return the goods, the buyer is responsible for taking reasonable care of the goods and is required to, make the goods ready for collection, advise the Seller that the goods are not required within 7 days of receipt of the goods, the seller shall then instruct a carrier to collect the goods, the cost of collection will be recovered against the credit/refund to the buyer, all goods deemed acceptable for re-stocking after return will be subject to a 15% re-stocking fee or £5.00 whichever is the greater, credits or refunds will be given within 30 days of acceptance of the return at the Sellers discretion, the Seller will not refund or credit the original delivery costs paid for by the Buyer at the time of the original order, these conditions comply with the Consumer Protection (distance selling) regulations 2000, your statutory rights are not affected.
Any product found to be defective in any way or delivered in error must be retuned with a copy of the original invoice and a copy of your postal receipt to the Seller at the Buyers cost using a return form obtainable by request using the ‘Contact Us’ system or by calling 01327 857174, all products found defective will be replaced or refunded including return costs (not more than the original cost of the goods or delivery charge made by the seller) incurred by the Buyer at the Sellers discretion, within 30 days of acceptance of the return.
Large Bulky items that were delivered directly by the manufacturer will require specialist collection please use the ‘Contact Us’ system in regard to these items or phone 01327 857174 for advice, on the spot repairs can sometimes be undertaken for these items.
Export Buyers are requested to contact the Seller using the ‘Contact Us’ system in regard to any delivery or warranty issues.
The Seller shall not be liable for any costs incurred in any claim by the Buyer over and above the cost of the goods.
These terms and conditions prevail over any other terms set by any buyer. Cancellation of any orders is not accepted unless placed in accordance with the Consumer Protection (distance selling) regulations 2000, due to orders being shipped the same day
Nothing in this agreement shall limit Silverstone Factors Ltd liability for death or personal injury caused by its negligence.
None of Silverstone Factors Ltd supplied products present any health or safety hazard in accordance with the consumer protection act 1987 or when used properly as the products are designed, or if the client takes normal precautions when using the products.
Silverstone Factors Ltd shall be under no liability whatsoever for any form of consequential or other loss howsoever caused, and is to be indemnified by the Buyer against all liability in respect thereof.
In the event of a conflict between these conditions and any other documents forming part of the contract, including the Buyers own terms and conditions, these conditions will prevail.
English law governs the contract and the Buyer submits to the jurisdiction of the Courts of England.