TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by The Caravan Supermarket:
1. Scope of agreement.
The Caravan Supermarket, upon acceptance of an Order placed by Buyer, will supply the products specified in the Order to Buyer, pursuant to the terms and conditions of this Agreement and its exhibits and The Caravan Supermarket’s acceptance of such order submitted by Buyer is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Buyer’s purchase orders, invoices, acknowledgements or other documents electronic or printed. The details of the quantity, price, and product specifications shall be set forth in the relevant Order.
2. Price, terms and delivery.
(a) The prices payable by Buyer for goods to be supplied by The Caravan Supermarket under this Agreement will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices include economy Second Class shipping and VAT except where Buyer opts for First Class or Express deliveries then charges will be applied. Free delivery is offered to customers whose delivery address is in the UK mainland only. All other deliveries are classed as Express Isles which include the Scottish Offshore Isles, Western Isles, Channel Isles, Isle Of Man, Isle Of Wight, and Northern Ireland. Postcodes requiring Express Isles are all BT (Northern Ireland), all GY (Guernsey), all HS (Offshore Islands), all IM (Isle Of Man), all JE (Jersey), KA27 (Offshore Islands), KW (Offshore Islands), PA20, 28, 30, 31, 34, 35, 41+ (Offshore Island), PH17+ (Offshore Islands), PO30-41 (Isle Of Wight), TR21-25 (Isle Of Scilly), all ZE (Offshore Island). (b) Payment is required at point of purchase prior to order being dispatched. If payment is not made items will not be dispatched. (c) Pricing schedules (whether attached to this Agreement or an Order) are subject to change from the date of such schedule. (d) The Caravan Supermarket aims to process Buyer’s order on the same day. If the order is received before 12.00 pm midday, The Caravan Supermarket will attempt to dispatch the order on the same day. Orders received after 12.00 pm midday will be dispatched the next working day. In some instances, if The Caravan Supermarket is unable to dispatch Buyer’s order within two working days The Caravan Supermarket may cancel Buyers order and issue a refund. If due to stocking issues The Caravan Supermarket is unable to dispatch Buyer’s item within 5 working days The Caravan Supermarket will notify Buyer when the item[s] will be dispatched. Orders will be dispatched via carriers selected by The Caravan Supermarket. It is the responsibility of Buyer, upon delivery, to inspect goods for damage. If any goods appear to be damaged delivery should be refused. If item[s] has not been received within 14 days of dispatch Buyer must notify The Caravan Supermarket. The Caravan Supermarket will not accept liability for loss of items unless notification of non delivery by Buyer has been received by The Caravan Supermarket within 14 days of the date of dispatch.
3. Cancellation rights.
As a consumer, Buyer has the right to cancel within seven days of placing an order with The Caravan Supermarket. Go to Buyer’s account page and click on ‘send cancel request’ button next to the item Buyer wishes to cancel. If Buyer’s order has been dispatched it is the responsibility of Buyer to return the goods, unused, unopened and in its original packaging to The Caravan Supermarket. Buyer is responsible for all shipping costs. If the goods have not been dispatched the order will be cancelled with nothing left to pay. The Caravan Supermarket will send an ‘order cancelled’ email confirming order cancellation.
4. Buyer materials and data.
(a) Buyer represents and warrants that any matter it furnishes for performance of services by The Caravan Supermarket (i) does not infringe any copyright or trademark or other Intellectual Property Rights of any third party; (ii) is not libellous or obscene; (iii) does not invade any persons right to privacy; and (iv) does not otherwise violate any laws or infringe the rights of any third party. (b) Buyer warrants that it has the right to use and to have The Caravan Supermarket use on behalf of Buyer any data provided to The Caravan Supermarket or its Affiliates by Buyer including specifically customer names, identifying information, addresses and other contact information and related personal information (“Data”). Buyer further warrants that it will designate on the applicable Order if Data provided pursuant to that Order is subject to HIPAA, or other statutes providing enhanced data protection or requiring enhanced data security procedures.
In the event any inventory is maintained by The Caravan Supermarket on behalf of Buyer, any applicable Addendum(s) incorporated herein shall apply.
Buyer has thirty days from the date of purchase to return the product and get a full refund (excluding postage and packing charges). To be eligible for a return, the item must be in the same condition as the buyer received it, i.e. unused, unopened and in its original package. Buyer will need to request an authorisation code from The Caravan Supermarket prior to returning any items and have the receipt or proof of purchase. Once The Caravan Supermarket receives the item, it will be inspected and notification will be made to Buyer that the returned item has been received. The Caravan Supermarket will immediately notify Buyer of the status of the refund after inspecting the item. If Buyer’s returned item is approved, The Caravan Supermarket will initiate a refund to Buyer’s debit/credit card. If return is not approved buyer will be responsible for collection or the cost of return shipping of item[s]. In certain circumstances we reserve the right to offer a partial or full refund entirely at our discretion. Buyer will receive the credit within a certain amount of days, depending on Buyer’s card issuer’s policies. Buyer is responsible for paying the shipping costs for returning any item[s]. If an item has been purchased with free delivery, a handling charge that reflects the price of the original delivery (Royal Mail standard 2nd class delivery charge) will apply on return. The handling charge will be deducted from the refund. Shipping costs are non-refundable. The Caravan Supermarket will not pay for the cost of return so Buyer should ensure that the most convenient shipping method is used that suits both Buyer and item. For the benefit and security of Buyer, The Caravan Supermarket recommends that Buyer sends goods via registered delivery. This will ensure proof of delivery and insurance of goods whilst they are in transit. The Caravan Supermarket cannot accept liability for goods that get lost or damaged in the process of being returned.
7. Damaged, incorrect or incomplete goods.
Buyer is solely responsible for ensuring that all products are in good condition at the point of delivery. In the unlikely event that any product is received damaged, faulty or incorrect, please click this link: https://www.thecaravansupermarket.com/contact-us/ within 48 hours of delivery to obtain an authorisation code. The Caravan Supermarket will email Buyer with an authorisation code and instructions as to what to do next. The Caravan Supermarket may arrange to collect the item or may request that Buyer return the item at Buyers cost for inspection. Buyer must send the product and the original packaging along with the order number, authorisation code and information explaining the nature of the problem. The Caravan Supermarket will repair or replace the item[s] or will offer a full refund including reasonable postage and packaging costs if the product has been used for the purpose intended and has not been misused in any way. The Caravan Supermarket will not refund or exchange any product where a fault was caused by accident, neglect or misuse. If the returned item[s] are found to be in perfect condition the item[s] will be returned to Buyer and Buyer will be charged for postage and packaging. This does not affect Buyer’s statutory rights. If the Caravan Supermarket has made an error it will offer to exchange the product or give Buyer a full refund along with any reasonable postage and packaging costs.
8. Intellectual property.
Any and all inventions, discoveries, patent applications, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by Buyer as of the date of the Order or made or conceived by employees of Buyer during the Term of the Order shall be and remain the sole and exclusive property of Buyer provided that Buyer grants to The Caravan Supermarket a license to use, display and distribute (and to sub-license its affiliates and sub-contractors to use, display and distribute) any intellectual property rights delivered to The Caravan Supermarket as reasonably necessary to perform any Order. Any and all inventions, discoveries, patent applications, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by The Caravan Supermarket as of the date of the Order or made or conceived by employees, consultants, representatives or agents of The Caravan Supermarket during the term of this Agreement shall be and remain the sole and exclusive property of The Caravan Supermarket. Without limiting the generality of the foregoing, the parties agree that The Caravan Supermarket will own systems (including all web source code) related to the Services provided hereunder, including all modifications, upgrades and enhancements thereto made during the term of the Order. Without limiting the generality of the foregoing, Buyer acknowledges and agrees that The Caravan Supermarket is in the business of developing customized print and e-commerce solutions, and the provision of print and fulfilment order services, and that The Caravan Supermarket shall have the right to provide to third parties services which are the same or similar to the services provided herein and to use or otherwise exploit any Supplier materials in providing such services.
9. Confidential information.
Any information that parties receive or otherwise have access to incidental to or in connection with this Agreement (collectively, the “Confidential Information”), shall be and remain the property of the disclosing party. Confidential Information shall not include information which: (i) was in the possession of the Receiving Party at the time it was first disclosed by the Disclosing Party; (ii) was in the public domain at the time it was disclosed to the Receiving Party; (iii) enters the public domain through sources independent of the Receiving Party and through no breach of this provision by the Receiving Party; (iv) is made available by the Disclosing Party to a third party on an unrestricted, non-confidential basis; (v) was lawfully obtained by the Receiving Party from a third party not known by the Receiving Party to be under an obligation of confidentiality to the Disclosing Party; or (vi) was at any time developed by the Receiving Party independently of any disclosure by the Disclosing Party. Confidential Information may be used to the extent necessary to perform this Agreement and the parties shall not disclose Confidential Information to any third party, except to its agents (who have executed confidentiality agreements containing terms substantially similar to the terms) as necessary to provide the Work hereunder. In no event shall Buyer acquire any right, title or interest in and to any product or process information, including related know how, either existing or developed during the course of the business relationship with The Caravan Supermarket and Buyer, and in no event shall The Caravan Supermarket acquire and right, title, or interest in and to any materials or information provided to it by Buyer.
The indemnifying party, shall indemnify, defend and hold harmless the indemnified person[s], its officers, directors, employees, agents, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorney fees) arising from any third-party claim based on Indemnifying party’s (or its agent’s) breach of any representation, warranty, covenant, agreement, or obligation under the Order or this Agreement , or Indemnifying party’s (or its agent’s) grossly negligent and/or wilful acts in carrying out its obligations under the Order or the Agreement, provided that in no event shall The Caravan Supermarket be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Buyer (including the use of information, artwork, logos, and/or trademarks provided by Buyer). Neither party will be responsible for indemnifying another party hereto where the basis of the indemnity claim arises out of such other party’s own negligence or wilful misconduct. In order to avail itself of this indemnity provision, Indemnified person[s] shall promptly provide notice to Indemnifying party of any such claim, tender the defence of the claim to Indemnifying party, and cooperate with Indemnifying party in the defence of the claim. Indemnifying party shall not be liable for any cost, expense, or compromise incurred or made by Indemnified person[s] in any legal action without the Indemnifying party’s prior written consent.
In addition to all other rights to which a party is entitled under this Agreement, if either party breaches any term of the Order or the Agreement, the non-breaching party shall have the right to: (a) terminate the Order immediately upon written notice to the other party; and (b) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to properly demand compliance or performance of any term of the Order or this Agreement shall not constitute a waiver of The Caravan Supermarket’s rights hereunder and prior to any claim for damages being made for non-conformance or breach, Buyer shall provide The Caravan Supermarket with reasonable notice of any alleged deficiencies in the Work or performance under the Order or this Agreement and The Caravan Supermarket shall have a reasonable opportunity to cure any such alleged non-conformance or breach.
The Caravan Supermarket warrants that the items shall reasonably conform to specifications in all material respects. Buyer will be liable for all fees associated with the order, as specified in the Order. The Caravan Supermarket will not provide refunds for any items conforming to specifications in all material respects. Other than the warranties set forth in this section, The Caravan Supermarket makes no warranty of any kind, expressed or implied or otherwise whatsoever, that the services performed or any items produced will be merchantable or fit for any particular purpose or use. In the event of any breach of any warranty specified in this provision, Buyer’s exclusive remedy shall be that The Caravan Supermarket shall, at its option, repair or replace any defective goods at no cost to Buyer or refund any purchase price paid for such item.
13. Limitation of liability.
IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES AND VENDOR’S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT AND THE ORDER SHALL BE LIMITED TO THE TOTAL FEES DUE HEREUNDER FOR THE INVOICE UPON WHICH A CLAIM IS BASED.
Any notice sent pursuant to the Order or this Agreement shall be sent by certified mail, return receipt requested, or by overnight mail to the addresses on the Order or to such address as either party may in the future designate.
Except as otherwise provided, the Order and this Agreement shall be binding upon and inure to the benefit of the parties’ successors and lawful assigns.
Buyer and The Caravan Supermarket are separate entities. Nothing in the Order or this Agreement shall be construed as creating an employer-employee or joint venture relationship.
17. Compliance with law.
Each party shall comply with all United Kingdom laws and regulations applicable to its performance hereunder.
18. Governing law.
The Order and this Agreement shall be governed by the laws of the United Kingdom, without reference to conflicts of law principles. With respect to any litigation arising out of the Order or this Agreement, the parties expressly waive any right they may have to a jury trial and agree that any such litigation shall be tried by a judge without a jury and the prevailing party shall be entitled to recover its expenses, including reasonable attorney’s fees, from the other party.
19. Force majeure.
Neither party shall be liable for any failure to perform or delay in performance of this Agreement to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labour disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, or any cause beyond such party’s commercially reasonable control.
In the event any provision of the Order or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification and duties of defence, representations and warranties, waiver, waiver of jury trial and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement.
21. Entire agreement.
GENERAL TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
2. License to use website
Unless otherwise stated, The Caravan Supermarket and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
3. Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Caravan Supermarket’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without The Caravan Supermarket’s express written consent.
4. Restricted access
Access to certain areas of this website is restricted. The Caravan Supermarket reserves the right to restrict access to other areas of this website, or indeed this entire website, at The Caravan Supermarket’s discretion.
If The Caravan Supermarket provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The Caravan Supermarket may disable your user ID and password in The Caravan Supermarket’s sole discretion without notice or explanation.
5. User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to The Caravan Supermarket a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Caravan Supermarket the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Caravan Supermarket or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Caravan Supermarket reserves the right to edit or remove any material submitted to this website, or stored on The Caravan Supermarket’s servers, or hosted or published upon this website.
Notwithstanding The Caravan Supermarket’s rights under these terms and conditions in relation to user content, The Caravan Supermarket does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
6. No warranties
This website is provided “as is” without any representations or warranties, express or implied. The Caravan Supermarket makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Caravan Supermarket does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
7. Limitations of liability
The Caravan Supermarket will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Caravan Supermarket has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Caravan Supermarket’s liability in respect of any:
- death or personal injury caused by The Caravan Supermarket’s negligence;
- fraud or fraudulent misrepresentation on the part of The Caravan Supermarket; or
- matter which it would be illegal or unlawful for The Caravan Supermarket to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
10. Other parties
You accept that, as a limited liability entity, The Caravan Supermarket has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Caravan Supermarket’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Caravan Supermarket’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Caravan Supermarket.
11. Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify The Caravan Supermarket and undertake to keep The Caravan Supermarket indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Caravan Supermarket to a third party in settlement of a claim or dispute on the advice of The Caravan Supermarket’s legal advisers) incurred or suffered by The Caravan Supermarket arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
13. Breaches of these terms and conditions
Without prejudice to The Caravan Supermarket’s other rights under these terms and conditions, if you breach these terms and conditions in any way, The Caravan Supermarket may take such action as The Caravan Supermarket deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
The Caravan Supermarket may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
The Caravan Supermarket may transfer, sub-contract or otherwise deal with the caravan supermarket’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Entire agreement
These terms and conditions constitute the entire agreement between you and The Caravan Supermarket in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. You can print a copy of these terms and conditions by right clicking this page and clicking on the link.
18. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with United Kingdom Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of The United Kingdom.
19. The Caravan Supermarket’s details
The full name of the Caravan Supermarket is The Caravan Supermarket Limited.
The Caravan Supermarket’s registered address is Laurel Villas, 8 Slaithwaite Road West Bromwich West Midlands B71 4BD.
You can contact The Caravan Supermarket by clicking this link: https://www.thecaravansupermarket.com/contact/.
This document was created using a Contractology template available at http://www.freenetlaw.com.