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Terms and Conditions WEBSITE TERMS AND CONDITIONS WELCOME TO THE EZone4 WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.simplychrome.com BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. About Us EZone4 are completely dedicated to your total satisfaction. If you have any suggestions or comments please contact us. Our Contact details: EZone4 Tel:-0844 5673207 or 0845 4598024 E-mail:- admin@ezone4.com Making A Purchase from EZone4 Terms & Conditions 1. DEFINITIONS 1.1 "EZone4" shall mean EZone4 Holdings 1.2 "Buyer" shall mean the person, firm or company who places an order with EZone4. 1.3 "Goods" shall mean the goods and/or services to be supplied by EZone4. 1.4 "Price List" shall mean EZone4 price lists published from time to time. 1.5 "Price" shall mean the sum stated to be paid by the Buyer to EZone4 for the supply of Goods together with such other sums as may be payable to EZone4 under these Conditions. 1.6 "VAT" shall mean Value Added Tax. 2. GENERAL 2.1 The contract will be upon these Conditions which supersede all other terms and conditions. 2.2 If the Buyer places an order for delivery of Goods this shall be deemed to constitute unqualified acceptance of these Conditions. 3. TITLE IN PROPERTY The property in the Goods shall remain with EZone4 until the Buyer has paid to EZone4 the Price of all Goods supplied and all other sums owed by the Buyer at any time to EZone4 on any ground whatsoever (including, without prejudice to the generality of the foregoing, all sums owed to EZone4 by the Buyer at any time in respect of any supply of goods under any other contract). 4. CONTRACT PRICE 4.1 The price payable shall be the price shown on any EZone4 Website Price List current at the date of acceptance of the Buyer's order, subject to additional pre-agreed terms as notified to the Buyer in writing. 4.2 Prices are exclusive of freight, carriage and VAT. 4.3 All Prices may be subject to alteration without notice. 4.4 Special orders placed with EZone4 may be subject to special prices which will be given at the time of order placement and will be deemed to be binding solely for that particular order. 4.5 All sums due under the contract are exclusive of VAT or other similar sales taxes which shall be paid by the Buyer. 5. PAYMENT TERMS 5.1 EZone4 shall be entitled to raise an invoice for the Goods upon delivery. 5.2 The Buyer shall pay EZone4 in full at the time of ordering. Time for payment shall be of the essence. 5.3 Until payment in full has been received EZone4 reserves the right to: 5.3.1 charge interest on a daily basis on all sums not received by the due date at the rate of 2% per annum above the current base lending rate of HSBC Bank plc whether before or after judgement; 5.3.2 withhold or suspend performance of any contractual obligation to the Buyer without notice, while any account with EZone4 remains overdue; 5.3.3 terminate the contract if the delay in payment exceeds thirty (30) days; and 5.3.4 Charge the Buyer for all costs incurred during the recovery of an outstanding debt. 5.4 No payment will be deemed to have been received until EZone4 has received it in cleared funds. 6. PASSING OF THE RISK Risk in the Goods will pass to the Buyer upon delivery or if earlier when they are placed at the Buyer's disposal. EZone4 shall be entitled to make delivery by instalments in which case each instalment shall be regarded as constituting a separate agreement to which these conditions apply. 7. DELIVERY 7.1 Any date or period for delivery shall be considered as indicative only and not contractually binding upon EZone4. After the Buyer's order is accepted and the Buyer's payment has cleared we will endeavor to deliver within five working days. 7.2 If EZone4 are delayed in the performance of the contract by any act or default on the Buyer's part, or any industrial dispute or any circumstance beyond our reasonable control then the Delivery Date shall be extended by such period as may be reasonable. 7.3 Orders forwarded through third party carriers may be subject to an additional carriage charge at the prevailing rate at the time of dispatch. 7.4 Delivery Prices are for UK Mainland only, elsewhere please contact us. 8. ACCEPTANCE 8.1 The Buyer must upon receipt inspect all Goods and inform the courier by marking the couriers paperwork appropriately to indicate if there is any damage or problem with the goods on receipt. If the courier refuses to stay this must be noted on the proof of delivery document. The Buyer must also inform EZone4 by Telephone (0844 5673207 or 0845 4598024) on the day of receipt (or by leaving a message on EZone4's answer phone if the office is closed) if a claim for damage or loss in transit of the Goods is to be made. In respect of the Buyer's obligations hereunder time shall be of the essence. In the event of non-delivery the Buyer must give written notice to EZone4 immediately upon whichever shall be the earlier of receipt of our invoice or, where an estimated arrival time has been given, upon expiry of that time. NO CLAIMS WILL BE CONSIDERED AND NO LIABILITY ACCEPTED BY EZone4 UNLESS NOTIFICATION IS RECEIVED WITHIN THE TIME SPECIFIED UNLESS OTHERWISE REQUIRED BY LAW. THIS DOES NOT AFFECT THE BUYER'S STATUTORY RIGHTS. 8.2 EZone4 shall in no circumstances be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Agreement for any indirect or consequential loss or damage, including in particular, loss of anticipated profits, goodwill or reputation which arise out of or in connection with the supply of Goods or their use by the Buyer. 9. RETURNED GOODS At our sole discretion EZone4 may accept goods returned in a good and re-saleable condition and in original packaging (re-packed in the manner in which they were delivered to the Buyer) in which case there will be a handling charge of 25% . Delivery will not be reimbursed. 10. DESCRIPTION 10.1 EZone4 shall as soon as is practicably possible notify the Buyer of any proposed improvements, modifications or changes to the components or material composition of the Goods. 10.2 The Goods are not tested or sold as fit for any particular purpose as this will vary according to the Buyer's requirements and the Buyer must rely on the Buyer's own skill and judgement and enquiries in deciding whether the Goods are fit for a particular purpose. The Buyer acknowledges that the Buyer is in the best position to make these decisions. 10.3 All samples, drawings, descriptive matter and advertising issued by EZone4 (or the manufacturer of the Goods) and any description or illustration contained in our catalogues or other literature are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample. 11. GUARANTEE 11.1 EZone4 reserves the right where in it’s reasonable opinion a defect in Goods is (or may be) covered by a manufacturer's warranty to direct the Buyer to resolve any such claims directly with the manufacturer in accordance with the manufacturer's warranty. To the extent that such defect is covered by the manufacturer's warranty EZone4 will not be liable to the Buyer for any damages, costs, losses or other liabilities incurred by the Buyer in respect of such defect. 11.2 The Buyer is responsible for ensuring the Goods ordered are suitable for the purpose for which they were required. 12. LIMITATION OF LIABILITY 12.1 Neither party shall be liable to the other for any indirect or consequential loss or damage, loss of profit, loss of use or production or of contracts which the other may suffer arising out of any breach by a party of its obligations under the Contract and whether the same be due to negligence of that party or not. Same be due to negligence of that party or not. 12.2 Nothing in these conditions affects the Buyer's statutory rights. 12.3 So far as such exclusion is permitted by English Law, any express or implied condition or warranty or term statutory or otherwise as to the quality, fitness, compliance with description, or sample of the whole or any part of the Goods, or replacement thereof, or as to the quality of any work or repair or replacement is hereby excluded. 13. LICENCES AND CONSENTS If a licence or consent of any government or other authority is required for the acquisition, carriage or use of Goods by the Buyer, the Buyer shall obtain the licence or consent at it’s own expense and if requested produce evidence of it to the Seller on demand. 14. HEALTH AND SAFETY 14.1 The Parties shall comply with all current Safety and Environmental legislation in the performance of this Contract. 14.2 The Buyer shall advise EZone4 what safety requirements and obligations apply to the Buyer's business and premises under Health and Safety legislation or regulations. 15. TERMINATION PROVISIONS 15.1 EZone4 may terminate the Contract with immediate effect by notice in writing to the Buyer on or at any time after the occurrence of any of the following default events: 15.1.1 A receiver or administrative receiver is appointed in respect of the Buyer or over all or part of the Buyer's assets or undertakings if the Buyer becomes bankrupt; 15.1.2 The Buyer announces that it has ceased to trade or intends to cease to trade; 15.1.3 The Buyer suspends payments of their debts or is unable to pay or admit or state their inability to pay their debts as they fall due; 15.1.4 The Buyer disposes or threatens to dispose of all or a material part of their assets whether by one or a series or transactions; 15.1.5 The Buyer convenes, calls or holds a meeting of their creditors or makes any arrangement, voluntary arrangement or composition with their creditors; 15.1.6 The Buyer's directors make or state an intention to make or give notice of a proposal in relation to the Buyer for a voluntary arrangement under Part 1 of the Insolvency Act 1986; 15.1.7 A petition is presented for the Buyer's winding-up or administration; 15.1.8 A resolution (other than for the sole purpose of and followed by reconstruction or amalgamation, approved by the Seller) is passed for the Buyer's voluntary winding up; 15.1.9 The Buyer is dissolved; 15.1.10 The Buyer suffers the levy or enforcement of any execution, distress, sequestration, detention or other process on any property or premises. 15.2 The termination of this Agreement howsoever arising is without prejudice to the rights duties and liabilities of either party accrued prior to termination. The clauses in this Agreement which expressly or implied have effect after termination shall continue to be enforceable not withstanding termination. 16. SET OFF The Buyer shall make no reduction from the amount payable under each invoice on account of any setoffs or claim or counterclaim unless both the validity and the amount thereof have been admitted by EZone4 in writing. 17. INTERPRETATION These conditions and the contract to which they relate are governed in all respects by English Law and the Buyer submits to jurisdiction of the English courts. 18. CONSTRUCTION If any of the provisions of these conditions are held to be invalid for any reason then these conditions shall be read as if the invalid provisions had to that extent been deleted and the validity of the remaining provisions of these conditions shall not be affected. 19. BUYER'S CONDITIONS In all instances the conditions stated herein override any separate terms and conditions stated by the Buyer. 20. THIRD PARTY RIGHTS No person or party is to gain any right or benefit whatsoever under the terms of this contract save for EZone4 and the named buyer. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract. ---------------------------------------------------------------------------------------------------------------------- Shipping And Handling Please note we only supply via this Website to mainland England, Lowland Scotland and Wales. Should you require delivery outside this area then please phone 0845 4598024 for a quotation. Your goods should arrive in perfect condition and your order in full. Should you receive any damaged goods please do not sign for them and advise us immediately of the situation. Delivery Schedule We will process your order the same day and where goods are held in stock we will dispatch goods the next day. If we do not have an item in stock then goods will normally be dispatched within 7 days Back Orders If your item is not in stock, we will back order for you. You will always receive an e-mail with the option to cancel your order if you would rather not wait. Credit Card Security When the order is placed at our Website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site. Privacy Policy EZone4 Holdings do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party. Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm Motorcycle Accessories and Equipment Delivery & Returns All returns must be authorised by E-mail to "Contact Us" You must state your order number and request a returns authorisation number and returns address. Failure to return with the correct authorisation number or if you return to an unauthorised address, we shall not pass credit. Delivery: Once we have confirmed your order and received payment for the goods, We will process your order the same day and where goods are held in stock we will endevour despatch goods the next day. If we do not have an item in stock then goods will normaly be despatched within 7 days Please Note: Cheques can take 5 days to clear. We cannot guarantee delivery for a certain day or time but you can normally expect delivery within 24 hours anytime between the hours of 8.00am and 7.30pm. a signature is required on receipt. If any items are out of stock, we will inform you of expected delivery date or refund payment. Not at Home: Please note that couriers require that someone be present to sign for all packages. If nobody is available to sign for the delivery, the courier will leave an attempted delivery notice. They will attempt delivery on the following day. After that point the parcel will be returned to us at the customers expense. All implied warranties, including, but not limited to implied
warranties of the fitness and merchantability, are limited in
duration to a period ending one year from the date of purchase.
Please Note: We reserve the right to occasionally substitute one brand for another in the interests of maintaining our commitment to a swift delivery. When this does happen, the replacement item will be of the same or of higher quality. Please Note: The images displayed on Website may not match exactly to the description Returns: No merchandise may be returned for credit or adjustment without authorisation. You must contact us and request a returns authorisation number and returns address. Failure to return with the correct authorisation number or if you return to an unauthorised address, we shall not pass credit. At our sole discretion EZone4 may accept goods returned in a good and re-saleable condition and in original packaging (re-packed in the manner in which they were delivered to the Buyer) in which case there will be a handling charge of 25% . Delivery will not be reimbursed. Items which are sold in clear sealed packaging must be returned in the same unopened sealed packaging to qualify for any refund and also that electrical items can only be returned if they have not been fitted or used in any way. In the case of electrical items that have been fitted there is a possibility that the new part can be damaged by some other fault in the equipment it is connected to. Therefore, no electrical items may be returned if they have been removed from sealed packaging unless obviously faulty. Full credit or replacement, at our discretion, will be allowed in cases where the goods are returned because of obviously faulty workmanship or an error on the part of our organisation. All claims must be made in writing. Cancelled Orders - If you cancel an order then you must return the goods at your expense. If you fail to return the goods or you return them at our expense, then we will charge you the direct cost of the return even if you have been refunded. These cancellation rights end five days after the day you received the goods. Always ensure returned goods are posted by at least Royal Mail "recorded delivery" and record POD. We will not be held liable for goods lost in transit. We make every effort to ship the correct parts to our customers. We double check each order when it is entered into our computer by comparing that model/Part number and the description you have given us against the description for that model/part number in the system. If there are any questions, please contact us via our email form on the contact us page. Please Note Granucci seats are a special order and can not be cancelled after ordering Title of goods shall not pass to the buyer until paid for in full. EZone4 Holdings take no responsibility what so ever for the content, legitimacy, accuracy or truthfulness of any of the user-submitted adverts appearing on the EZone4 websites. When buying goods privately over the Internet please proceed with due caution. No information on any EZone4 Holdings website may be copied in part or full without express written permission from EZone4 Holdings. All violations will be prosecuted to the fullest extent of the law. Copyright 2003-2011 by EZone4 Holdings E & O.E. PRICES & SPECIFICATIONS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE |
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