1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Sarum Hydraulics Ltd trading as Pump Shop Pro, UK;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.7 “Website” means www.pumpshoppro.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.4 Goods have an expiry date. The license for the goods will expire one year after purchase.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Seller’s Website. The price is inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 All products that the Buyer orders through the Website will remain the property of Pump Shop Pro until we have received payment in full from the Buyer for these products.
4.6 During the checkout process, the Buyer will be asked to complete their payment details. All fields indicated as compulsory must be completed.
4.7 All card payments are subject to authorisation by the Buyers card issuer. The Seller will take payment when they accept the Buyer’s order shortly before dispatch.
4.8 If the Seller cannot supply the Buyer with the product or service ordered, the Seller will not process your order. The Buyer will be notified of this in writing (including email) and, if the Buyer has already paid for the product or service, a refund will be given to the Buyer in full as soon as reasonably possible.
4.9 Payment will be made in Pound Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1 The Seller offers a 15 month warranty on all items if found to be faulty. The Seller’s
liability is limited to parts and labour.
6.2 The warranty does not cover improper use or application. The Seller provides a User
Manual with all pumps purchased therefore it is the Buyer’s responsibility to ensure that
this is read prior to use.
6.3 The Buyer must notify the Seller of any faults or damage within 7 working days
following receipt of the goods.
6.4 In the event that any item requires to be returned, the unit must be returned to the
factory at the Buyer's expense. Please return items to: PumpShop Pro, Unit 1, Danebury Court, Old Sarum Park, Salisbury, SP4 6EB, UK. Following repair the items will be returned
to the buyer at no additional cost.
7.1 Goods supplied within the UK will normally be delivered within 3 working days of acceptance of order.
7.2 Goods supplied outside the UK will normally be delivered within 5 working days of acceptance of order.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified in writing, including email, and given the opportunity to agree a new delivery date or receive a full refund.
7.4 The Seller shall use its reasonable endeavour to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7.7 Show goods are delivered by download from the Website and should be available within the same day of purchase.
7.8 Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for International delivery, some of our products may not be available for delivery to certain destinations outside the UK. Pump Shop Pro reserves the right to define what can and cannot be delivered to which destination.
7.9 Pump Shop Pro products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for International delivery.
7.10 Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
8 CANCELLATION AND RETURN
8.1 If the Buyer is a UK/EU consumer, they have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel their order within fourteen days following receipt of the goods or the date on which the Seller begins provision of the services.
8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller emailing email@example.com within 14 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4 To cancel the Contract and receive a refund you must inform the Seller by emailing the details and reason for cancelling your order to firstname.lastname@example.org within 14 working days of receipt of the Goods.
8.5 A 30% restocking fee will be charged on all accepted returns.
8.6 In circumstances where the Buyer cancels the contract following delivery of the Goods (within 14 days of receipt of the items) the Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.7 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.8 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8.9 Any refunds given by the Seller will be made to the debit/credit card account provided when the Buyer placed their order and will be subject to the Sellers right to withhold amounts for products which are damaged on return.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and 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 loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
13.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.