Terms of Sale PDF Print E-mail
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

Operative Provisions:
1            Definitions
1.1         References to clauses or schedules
Unless stated otherwise, references to a clause or schedule are to a clause of, or a schedule to, this agreement.
1.2         Singular includes plural
Unless the context requires otherwise, the singular includes the plural and vice versa.
1.3         Gender references
Unless the context requires otherwise, words importing a gender include every gender.
1.4         Business day
A 'business day' is a day other than Saturday, Sunday or a day which is a public holiday in England.
1.5         Persons Where appropriate, a reference to a person includes corporations, partnerships and other unincorporated bodies of persons.
1.6         General words
The interpretation of general words which are preceded or followed by particular examples is not confined to the same class as the examples.
1.7         Statutory re-enactment
A reference to an enactment includes:
1.7.1      A provision which it has re-enacted or modified before the date of this agreement; and
1.7.2      That enactment as re-enacted, replaced or modified on or after the date of this agreement.
2            Recitals and clause headings
2.1         Recitals and clause headings are inserted for convenience and are to be ignored for the purposes of construction.
3            Time
3.1         Time is of the essence in this agreement.
4            Set off
4.1         Either party may set off any matured obligation due to it from the other party against an obligation owed by it to the other party under this agreement.
5            Formation of the contract
5.1         These terms of sale apply to all goods supplied by E-Peds UK Ltd registered in England and Wales no.6659742 (the Supplier).
5.2         The display of goods on the website is an invitation to treat and not an offer to sell those goods to you.
5.3         No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and sends  you confirmation in writing or by email to the address or email address you have given. Once the Supplier does so, there is a binding legal contract between you.
5.4         The contract is subject to your right of cancellation (see below).
5.5         The Supplier may change these terms of sale without notice to you in relation to future sales.
6            Order Process
6.1         The display of goods on the website or in our catalogue is an invitation to treat and not an offer to sell those goods to you.
6.2         An offer is made when you place the order for your goods.  Please see the website for information on how to place an order and as you go through the order process, there is also a series of instructions. However, we will not have made a contract with you unless and until we accept your offer.  (See point 6.6 below).
6.3         Payment will be taken from your card when we process your order and have checked your card details.Goods are subject to availability.  If we are unable to supply the   goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods.
6.4         If you enter a correct email address we will send you an order acknowledgement email and an order update email.  These are not order confirmation or order acceptance from us.
6.5         Unless we have notified you that we do not accept your order or you have cancelled, order acceptance and creation of the contract between you and us will take place at the point the goods you have ordered are dispatched from our warehouse to be delivered to the address you have given to us.  It does not take place until that stage, even though we may have debited your card (see 6.3 above) or we have sent acknowledging emails (see 6.4 above).
6.6         The contract will be formed at the place of dispatch of the goods.
6.7         All orders that you place on the website will be subject to acceptance in accordance with clause 6.5 of these terms and conditions.
6.8         We do not file details of your order for you to access, so please print out these terms and conditions and the order acknowledgement for your own records.  If you require any information about your order you have placed with us, please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or telephone us on 01202 696969

7            Description and price of the goods
7.1         The description and price of the goods you order will be as shown in the Supplier's current catalogue or on its website at the time you place your order. 7.2 Every effort is made to ensure that prices shown in the Supplier's current catalogue or shown on its website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods. 7.3 In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of the Supplier's catalogue or website about delivery. 7.4 The price of the goods and delivery charges are inclusive of VAT at the applicable rate.
8            Payment
8.1         Payment for the goods and delivery charges can be made by any method shown in the Supplier's current catalogue or shown on its website at the time you place your order.
8.2         Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. The cost of your shopping includes a 2.5% transaction fee that is payable to E-Peds UK Ltd

9            Delivery
9.1         The goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom, and some parts of the United Kingdom are not covered, as shown in the Supplier's current catalogue or on its website at the time you place your order. 9.2 If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery. 9.3 Delivery times will be agreed with you at the time of placing your order. All goods must be signed for on delivery by an adult aged 18 years or over. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person to whom the order is addressed. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
9.4         If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
9.5         Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, the Supplier will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
9.6         You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

10          Your right of cancellation
10.1       You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and bank or other public holidays.
10.2.      To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
10.3       If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown below.   You will be required to keep the goods in the same condition in which they were delivered and to ensure the goods are not damaged in transit.
10.4       Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
10.5       If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
10.6       You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in its original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.
10.7       When we receive notice of cancellation of your contract for any item, we will refund the price paid by you for that item or at your request if the item is defective will repair the item or supply you with a replacement item. We will not refund the delivery charge for sending the item to you unless you are returning an entire order.

11          Force majeure
11.1       If a party is unable to carry out its obligations under this agreement or the carrying out is delayed as a result of force majeure, it shall not be liable for its inability or the delay if:
11.1.1    it promptly gives the other party notice specifying the matters constituting the force majeure;
11.1.2    it states its best estimate of the period for which its inability will continue or the period for which performance of its obligations will be delayed; and
11.1.3    it uses all reasonable endeavours to remove or minimise the effect of the force majeure.
11.2       If:
11.2.1    the force majeure continues, or the carrying out of the contract is delayed, for a prolonged period; or
11.2.2    it becomes impossible to perform a material provision of the contract; either party may terminate this agreement by notice to the other party.
11.3       For the purpose of this clause:
11.3.1    a force majeure is a cause which affects the ability of the party in question to perform a material obligation under this agreement and which arises from circumstances beyond its reasonable control;
11.3.2    a prolonged period is one exceeding [three] months.
12          Illegality
12.1       If a provision of this agreement or a procedure to be carried out in its implementation is or becomes illegal or unenforceable, the remaining provisions and procedures shall not be affected.
12.2       The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision or procedure to be substituted for the provision or procedure found to be illegal or unenforceable. If they are unable to reach agreement and the illegality or unenforceability arises because a specified period or area is excessive, the agreement is to be deemed to be modified to the minimum extent necessary to make it effective whilst remaining substantially in accordance with the commercial intent of the parties.

13          Warranty
13.1       All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
13.2       This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
13.3       If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Supplier in writing at the address, fax number or email address shown below.
14          Data protection
14.1       The Supplier will take all reasonable precautions to keep the details of your order and payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
14.2       The Supplier will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Supplier would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Supplier at the address, fax number or email address shown below.

15          Third party rights
15.1       This agreement shall bind and benefit the successors and personal representatives of each party.
15.2       A party may not assign the benefit of its rights under this agreement.
15.3       The Contracts (Rights of Third Parties) Act 1999 does not apply so as to give to a person who is not a party to this agreement a right under it.

16          Preservation of rights
16.1       The provisions of this agreement, so far as they are capable of being complied with, shall continue to be operative notwithstanding Completion.
16.2       A provision which either in its terms or from its intent is to survive termination of this agreement shall remain in force however the termination occurs.
16.3       A party may release or compromise a right under this agreement or grant indulgence in respect of a liability to it without affecting its other rights or other liabilities to it.
16.4       The failure by a party, whether or not deliberate, to exercise a right or to insist on the precise performance of this agreement, or its delay in doing so, shall not affect its future exercise or enforcement of rights.
16.5       The giving by a party of its consent to an act which under this agreement requires that consent shall not prejudice its right to withhold consent to a similar act.

17          Alterations
17.1       A purported alteration of this agreement is not effective unless it is in writing and is signed by both of the parties.

18          Counterparts
18.1       This agreement may be entered into in the form of two [or more] counterparts, each executed by one of the parties

19          Applicable law
19.1       These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

20          No commercial use
20.1       The online store is available for non-commercial and domestic use only. The Company reserves the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.
Epeds UK Ltd.