Any order and subsequent purchase of goods (as defined below) from Budget Batteries shall be governed by the following terms and conditions. Please read them carefully.
Table of Contents:
- “Budget Batteries” is a trading name used by Cell Pack Solutions Ltd as of the 18/05/2016. Our Company number is 4177772, and our registered office is 6 West Walpole Street, South Shields, Tyne and Wear, NE33 5BY.
- “Website” or “Site” will refer to budgetbatteries.co.uk, as well as any sub-domains or directories of budgetbatteries.co.uk.
- “Goods” means the products made available by Budget Batteries that you wish to purchase, as indicated when you place an order over the website.
By submitting your order you warrant, represent and undertake:
- To supply true, accurate, current and complete information
- That you are the authorised holder of any credit / debit card you may use on the website
- To be available for delivery and to take delivery of goods ordered
Orders for Goods:
- Your submission of an order on the website represents an offer to purchase the goods contained within aforementioned order from Budget Batteries.
- There will be no binding contract between you and Budget Batteries for the supply of goods until Budget Batteries accept your order via a confirmatory email, which will confirm the goods will be supplied at the price agreed. This will also confirm that your payment has been processed.
- Without prejudice to your right to cancellation, (if applicable), no change to any order shall be binding unless such change is accepted by Budget Batteries in writing.
Limitations of Supply and Exclusions:
- Budget Batteries shall make every effort to ensure that all orders are fulfilled, however we cannot guarantee the availability of goods.
- In the event of goods being unavailable Budget Batteries may, at its sole discretion, provide replacement goods of an equivalent value, quality and/or specification or a full refund. It is normal although not guaranteed you will be contacted by a member of staff by email, phone or fax to inform you if this is the case.
Prices and Payment:
- The price payable by you for the goods shall be the price stated in the order, as confirmed in accordance with the Orders for Goods section of these Terms and Conditions.
- Payments will be processed when the order is accepted by Budget Batteries and we have verified your card details and received credit authorisation. Prices stated are in Pounds Sterling only.
- Budget Batteries use its best efforts to ensure the accuracy of the prices and price related information stated. However, you may encounter a mispriced item on the Site. Therefore, we verify prices in accordance with the Orders for Goods section of these Terms and Conditions and as part of our shipping process. If an item is mispriced, we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, or do not receive a response from you within seven (7) days we will treat the order as cancelled.
- The delivery charges are explained in the delivery section of the website.
- All prices stated are exclusive of Value Added Tax (VAT) with the inclusive amount shown around exclusive amount.
Delivery and Carriage:
- We reserve the right to require the return of goods that are not accepted by you for any reason.
- Following acceptance of your order in accordance with the Orders for Goods section of these Terms and Conditions Budget Batteries will, by separate shipping email notify you of delivery details. Budget Batteries shall use reasonable endeavours to deliver the goods within the time frames stated on the delivery section of the website, provided that Budget Batteries cannot guarantee delivery within these time frames and shall not be liable for failure to deliver within such estimated delivery time period.
- Unless otherwise stated in writing delivery of the goods shall take place Monday through Friday excluding public or bank holidays at the delivery address stated on the order no later than twenty eight (28) days following acceptance of your order, unless contacted by Budget Batteries via email, phone or fax to arrange otherwise. A shipping confirmation is emailed to you as soon as your purchase has been shipped.
- Budget Batteries are not liable for the loss or delay of goods shipped via an untracked delivery method. Economy and Standard delivery methods are untracked.
- All queries in relation to delivery should be directed to Budget Batteries via email at email@example.com.
Inspection and Defects:
- Upon delivery of the goods you must carefully inspect them. If any of the goods do not match the description or prescription or appear to be damaged or are lost, do not use the goods and please contact us by email or telephone and inform us of the problem.
- You further agree to immediately notify Budget Batteries if there are any defects in the goods which are apparent through use.
- Budget Batteries shall accept the return of defective goods, and shall, at its sole discretion provide a refund or replacement.
- Replacement products shall be charged (including delivery) until the returned goods are received by Budget Batteries. If we agree to provide you with a refund, the credit will be paid to the card originally used by you to purchase the goods.
Your Right to Cancellation:
- Without prejudice to your statutory rights, to cancel your order without reason you will have until the expiry of fourteen (14) days for unwanted goods or thirty (30) days for faulty/damaged goods from the day after the date of receipt of the goods.
- Budget Batteries want to ensure your complete satisfaction. Budget Batteries strives for top service, ensuring quality with value. We trust you will be entirely satisfied with your purchase. If for any reason you are not, please do not hesitate to return it for a full refund.
- Refunds will include the total price paid for the goods and the cost of return but will not include the stated delivery costs unless:
- There is a defect in the Goods; or
- if you exercise your statutory right to cancel your order
- Where the above two exclusions apply, the stated delivery costs will also be refunded to you.
- Refunds may only be issued in the same form as payment was received.
- Every effort will be made to ensure a prompt refund and send an email notification once the return has been processed.
Transfer of Risk and Title in Products:
- Subject to the Your Right to Cancellation section of these Terms and Conditions, title and risk in the goods shall pass to you when the goods are delivered and acknowledged by you or a member of your household who is authorised by you to accept the goods and receipt of full payment by us.
- In the event of cancellation, risk remains with you until the goods are received by Budget Batteries.
- Nothing in this agreement shall exclude or limit either party’s liability for fraud or death and/or personal injury resulting from that party’s negligence.
- Subject to Condition 10.1 Budget Batteries shall not be liable to you for any loss of contracts, loss of income or revenue, loss of profits and Budget Batteries further excludes liability to you for any consequential or indirect loss of any kind arising out of or in connection with this agreement however caused and whether arising under contract, tort, negligence or otherwise. This exclusion shall apply even if Budget Batteries has been advised of the possibility of such damage.
- Subject to the above two clauses, the liability of Budget Batteries in respect of loss which is recoverable under this agreement shall be limited to the sums paid to Budget Batteries for the purchase of the goods.
- Budget Batteries shall not be liable to you where the loss or damage results from information provided by you which, is inaccurate, false or misleading or otherwise which results from a breach by you of these Terms and Conditions.
- Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.
- Budget Batteries shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire. The Customer may, upon notice in writing to Budget Batteries, terminate these Terms and Conditions in the event that any such act or event prevents Budget Batteries from performing its obligations hereunder for more than thirty (30) consecutive days.
- Any notice or other communication to be given under these Terms and Conditions must be in writing. In the case of Budget Batteries to the address and recipient as expressly set out herein, and in the case of you, to the address or other contact address set out when ordering and may be delivered or sent by pre-paid registered post, or, alternatively by electronic mail to the party to be served. Any notice or document shall be deemed served if delivered, at the time of delivery, if posted, forty-eight (48) hours after posting and if sent by electronic mail, at the time of transmission, receipt acknowledged.
- For the purposes of these Terms and Conditions, wording in electronic form shall be deemed to be “in writing” under applicable law. In addition the parties consent to the admissibility of electronic evidence in any court or other quasi-judicial proceedings.
- In the interpretation of these Terms and Conditions:
- The headings are for convenience only and shall not affect the interpretation of this agreement; and
- “including” means including without limitation and includes shall be construed accordingly.
- You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this agreement without the prior written consent of Budget Batteries.
- Nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.
- These Terms and Conditions and any relevant order constitute the entire agreement between the parties and supersede any prior written or oral agreement between them in relation to the subject matter of any contract and subject always to the statutory rights afforded to you as a consumer. Each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions or any relevant order.
- Failure by either party to assert its rights in relation to any breach of these Terms and Conditions or any relevant order on any occasion shall not be deemed a waiver of such rights.
- If any provision of these Terms and Conditions and any relevant order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of this agreement.
- These Terms and Conditions and any relevant order are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them.