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About Me: be_posher( 2297Feedback score is 1000 to 4,999) About Me

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Terms and conditions of sale


1.    Definitions
1.1 The "Buyer" means the person who buys or agrees to buy goods from the Seller.
1.2 The "Seller" means be_posher.
1.3 "Conditions" means the Conditions of sale set out in this document and any special conditions agreed in writing by the           Seller.


2. Conditions
2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer. 
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer. 
2.3 If any amendments to these terms and conditions are required, they should be confirmed in writing.
2.4 Acceptance of delivery of goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3.  Prices
3.1 The price shall be that on the final auction price or buy it now price.
3.2 All prices are exclusive of charges for packing, postage and carriage which shall be paid in addition, and displayed on the Buyer’s invoice.
3.3 The total purchase price, including delivery charges will be displayed in the Buyer's invoice.
3.4 Payment must be made in full before despatch of any goods.
3.5 Payment is due in full no more than 3 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller, at its option, to treat the contract as repudiated by the Buyer.
3.6 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.


4. Warranty and Liability
4.1 All items are sold 'as is' and therefore no warranty is given or implied.

4.2 For electronic type goods, it is at each manufacturer’s discretion whether any warranty is transferable or honoured when goods are bought from unofficial sources. 
4.3 While every effort is made to ensure that the product descriptions are accurate, the nature of the goods may lend to personal interpretation.

 

6.  Delivery
6.1 Goods will usually be dispatched within 2 working days from cleared payment being received.
6.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met, the Buyer will be given the option to agree a new delivery date.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the goods shall be made to the Buyer’s physical address, not a PO Box in the case of courier deliveries, and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.

6.5 A tracking number will be provided for each item sent.

6.6 In the event of the non receipt of an item, the Buyer should inform the Seller of the non-delivery within 7 working days for UK buyers, and 15 working days for international buyers, from the Seller despatching the item. After 15 working days for UK buyers, and 21 working days for international buyers, if the item has still failed to arrive, and the tracking does not indicate its arrival, the Seller will refund the buyer in full.

6.7 In the event of an item being returned to the Seller due to attempted deliveries being unsuccessful, the Buyer will receive the option of a refund of the original sale price (excluding the original postage price paid), or if re-delivery is required, the Buyer will be responsible for the cost of the redelivery, before the item is despatched again.

6.8 Collections are not accepted by the Seller unless specifically stated in the item listing.

7.  Ownership and Risk
7.1 The risk in goods shall pass to the Buyer upon delivery of the goods.
7.2 The Seller remains the owner of the goods affected by the contract until the Seller has been paid in full for such goods. be_posher’s postal address is PO Box 67, Ludgershall, Andover, SP11 9WY. Registered office address: Rawlings Court, Andover, SP11 9GJ. No goods are held at the registered office and callers are by appointment only.
7.3 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller within 48 hours of receipt if the goods are damaged. If the Buyer fails to do this he is deemed to have accepted the goods.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) return the goods to the Seller for inspection and, if appropriate, a refund.
b) return the goods to the Seller for inspection and, if appropriate, a replacement.


8. Cancellation and Returns

8.1 If it is agreed that the goods are to be returned:
a) the Buyer must notify the Seller that the goods have been returned. The goods must be returned by a trackable method, with the tracking number provided to the Seller.
b) the Buyer will be liable for the cost of return shipping and of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer’s fault.
8.2 If you are a consumer you have the right, in addition to your other rights, to cancel your contract with be_posher and receive a refund. You must contact the Seller in writing to cancel your contract within 48 hours of receipt of the goods. Once you have received confirmation that your return has been agreed, you must return the goods in their original condition and with all associated packaging, at your cost, within 7 working days of their receipt.. The goods must be received by the Seller within 14 calendar days of receipt of the item by the Buyer.

8.3 Upon receipt of the returned item and upon successful inspection of the item, the Seller will refund the Buyer by the same method that the original payment was made. A mutually agreed termination report will then be filed with eBay by the Seller, to which the Buyer must agree, in order to formally conclude the transaction.

8.4 It is agreed that the Seller can cancel the contract with the Buyer, and issue a full refund at any time, until the goods are despatched.  The purchase of the goods is an invitation to purchase only.

9.  Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as, but not limited to, Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

10.  No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11.  Liability
11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

13. Miscellaneous
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.

 



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