Legal
Every sale of the Product from the Seller to the Buyer is made either on a quotation or offer from the Seller that the Buyer accepts, or on an order from the Buyer that the Seller accepts. Either way, these Conditions govern the Contract and take priority over any other terms and conditions.
In these Conditions, the following terms apply:
“Buyer” means the person or persons who accept a quotation or offer from the Seller for Goods, or whose order for Goods the Seller accepts.
“Seller” means ethoseyes.com
“Goods” means the goods (including any part delivery of goods) that the Seller has agreed to supply under these Conditions.
“Contract” means the agreement for the purchase and sale of the Goods under these Conditions.
“Conditions” means the standard terms and conditions of sale set out in this document, together with any special terms agreed in writing between the Buyer and the Seller.
“Delivery Date” means the date on which the Goods are due to be delivered, as agreed in the order and confirmed by the Seller.
“Business Day” means a working day relating to the transaction, normally excluding Saturdays, Sundays and Bank Holidays.
“Month” means a calendar month.
“Writing” includes web pages, email, telex, fax and letter, among other forms.
Any reference in these Conditions to a statute means that statute as it stands at the relevant time. Headings are included for convenience only.
1. Ethos Eyes' employees and agents may only make representations about the Goods where we have confirmed them in writing. By entering into a Contract, the Buyer agrees that he or she is not relying on any representation that has not been confirmed in writing, and waives any claim for breach of such a representation.
2. These Conditions apply unless the Buyer and the Seller have both agreed otherwise in writing.
3. Ethos Eyes, as the Seller, may change its web pages, sales literature, price lists and any other documents relating to the Goods without notice. No contract to buy Goods binds the Seller unless the Seller has issued a quotation, which counts as an offer to sell the Goods. The Seller may accept an order from the Buyer by any of the following:
1. An order is accepted only when the Seller or its authorised agent confirms acceptance in writing.
2. The Goods available are those described on the web pages and in the sales documentation. Orders are accepted in minimum units or multiples of them. All images and descriptions in company literature and publications are a guide for Buyers only and do not bind the Seller.
3. The Seller may change the specification of the Goods from time to time to meet any applicable safety, statutory or regulatory requirements. Goods supplied to the Seller's own specification may be changed, provided their quality and performance are not affected.
4. Once the Seller has accepted an order, the Buyer may not cancel it without the Seller's written agreement. The Buyer will indemnify the Seller against all losses and costs (including loss of profit and the cost of all labour and materials used), damages, charges and other expenses the Seller incurs as a result of the cancellation.
1. The price is the one shown on the Seller's web pages and/or current published price list on the date the Buyer's order is accepted, or any other price agreed in writing by the Buyer and the Seller. Any price quoted by the Seller that differs from its web pages and/or published price list is valid for no more than 7 days, or a shorter period at the Seller's sole discretion.
2. Provided it informs the Buyer, the Seller may increase a price before delivery if its costs rise for reasons beyond its control, such as currency fluctuations or increases in customs duties. Changes the Buyer makes to relevant instructions, such as the delivery date or address, may also lead to a price increase.
3. The Seller will give quantity discounts on the terms set out on its web pages and/or the current published price list on the date the order is accepted. The Seller will also allow any settlement discount agreed in the Contract, provided payment is made by the due date and in line with the payment terms in these Conditions, and no other amounts are owed to the Seller.
4. Unless otherwise stated in the Contract and agreed in writing, all prices include the Seller's costs of product, packaging and delivery within the UK. The price also includes any value added tax, excise, sales or similar taxes or levies charged by the fiscal authorities.
5. Unless agreed in writing in advance, the Seller requires full payment for the Goods before delivery or collection is processed. Receipts are available on request. Payment is made in pounds sterling, as shown in the Contract and on the Invoice.
1. The Seller will deliver the Goods worldwide to the address given in the order and/or to a delivery location the Seller has accepted. If no delivery address is given, the Buyer may collect the Goods from the Seller's premises, subject to prepayment and written confirmation that the Goods are ready for collection.
2. The Delivery Date and time are estimates and are not a legal commitment under the Contract. The Seller may deliver the Goods before the stated date, provided it gives the Buyer reasonable notice.
3. Each instalment delivery is a separate contract, and there is no penalty for any future non-delivery.
1. The Buyer becomes responsible for any loss of or damage to the Goods:
2. The Goods remain the Seller's property until they have been paid for in cash or cleared funds.
3. Until ownership of the Goods passes to the Buyer:-
4. The Buyer may not pledge or charge any goods belonging to the Seller as security for any debt.
The Seller has no liability if it fails to deliver on the due date. If delivery has not been made within 4 business days after the Buyer gives written notice, and that notice is given within 10 days of the original delivery date, the Buyer may cancel the order. The Seller's liability is limited to the cost of replacement product of similar quality.
The Seller will not be liable to the Buyer for any delay in fulfilling a Contract caused by circumstances beyond its control, including:
If payment is not made by the due date, the Seller may cancel the order or suspend further deliveries. Interest may be charged to the Buyer at an agreed rate until the amount is paid in full.
If Goods are defective in any material respect and the Buyer either rightly refuses delivery of them or, having signed for them as "condition and contents unknown", gives the Seller written notice of the defect within a reasonable time, the Seller will either:-
The Seller has no further liability under the Contract. Goods may not be returned unless agreed in writing, and no credit will be given for unauthorised returns.
The Buyer agrees that:
This Condition continues to apply after the Contract ends.
