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DELIVERY
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 We reserve the right to deliver your first order of Goods to the cardholder’s registered address, regardless of any alternative address that you may provide to us. Thereafter, we may attempt to deliver Goods to any such alternative address, but this will be at our discretion and we shall not be responsible to you provided we deliver the Goods to either the cardholder’s registered address or any alternative address. In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 90 days’ or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault than we may in our discretion refund the sum paid to us by you and cancel the Contract.
6.5 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
6.6 You will be liable for all customs requirements and duties arising for delivery of Goods outside the EU. We accept no responsibility for these requirements and duties. Any such charges must be borne by you and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. We shall not be liable for delayed delivery times due to packages being inspected by customs. You agree that if we incur any liability due to your failure to comply with custom requirements and duties by you that you shall reimburse us for against all loss, damages, costs and expenses awarded against or incurred by us in connection with such claim.
WARRANTIES AND LIABILITY
8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and the EU Unfair Contract Terms Regulations), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Protection Act 2007) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from the National Consumer Agency.
8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
8.4 In the unlikely event that the Goods do not conform to these Conditions, please let us know as soon as possible after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will either: (a) provide you with a full or partial refund; (b) replace the Goods; or (c) repair the Goods.
8.5 Subject to clause 8.6 and clause 8.7, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.
8.6 Subject to clause 8.7, neither of us shall be responsible for losses that result from our failure to comply with these Conditions which fall into the categories of loss of income or revenue, loss of profit, loss of business, loss of anticipated savings, loss of data, any waste of time. However, this clause 8.6 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.7 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 26 of the Sale of Goods and Supply of Services Act 1980 and defective products under the The Liability for Defective Products Act 1991 or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
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