Terms & Conditions

1. Definitions

Buyer the person who buys or agrees to buy the goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the articles which the Buyer agrees to buy from the Seller.
Price the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller means Clear Vision Systems Limited, of 126 West Crayke, Bridlington, East Yorkshire, YO16 6XW.
   
2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a director of the Seller. 
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
   
3. Price

3.1 The Price shall be the price quoted on the Seller’s confirmation of order. In the unlikely event that items are incorrectly priced on the web site, the Seller shall not be compelled to supply the goods at the incorrect price. Similarly, the Buyer will not be compelled to accept the goods at the correct price. Where such pricing discrepancies occur, the Buyer will be advised and given the opportunity to re-select an alternative product, cancel the order or continue with the order at the correct price. 
3.2 VAT will be charged at the rate in force on the date of the Seller’s invoice.
   
4. Availability

4.1 All products are subject to availability. If items are out of stock with either the Seller or the Seller’s suppliers, the Seller will endeavour to dispatch these items within 14 days. In the event that the item will not be available for despatch within that time period and in any case if the goods cannot be delivered within 30 days, the Seller will contact the Buyer and the Buyer will be given the option to cancel the order and receive a full refund of any monies paid. The Seller shall not be liable for any losses, damages or costs incurred by the Buyer owing to delay or non-delivery of the goods.
   
5. Payment and Interest

5.1 Payment of the Price, VAT, delivery charges and any other associated charges must be received before any orders can be processed. Cheques must clear before goods are despatched.
5.2 The only exceptions to paragraph 5.1., above, are where other terms have been agreed in writing, prior to the order being placed.
6. Goods

6.1 Images and descriptions of goods are reliant upon information provided by suppliers or manufacturers. They are as accurate as possible, however specifications may change for reasons beyond the Seller’s control.
6.2 The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
7. Warranties

  The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
8. Delivery of the Goods

8.1 We will endeavour to deliver your item within two to three working days. Delivery of the Goods shall be made to the Buyer’s address.  The Buyer will be advised of the date of despatch and the Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
8.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
8.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
8.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
9. Title and Risk

9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Carriage of Goods

  Carriage will be chargeable on all sales. This will be charged as shown on the checkout screen.
11. Cancellation and 7 Day Returns

11.1 Requests for cancellation must be made by email (info@clearvisionsystems.co.uk) or telephone (01262 424900). If the request is made prior to the goods being despatched, the Buyer will not be liable for any shipping costs.
11.2 Where goods have been delivered to the Buyer, the Buyer will have seven days from the date of delivery to cancel the order in writing, stating the reason for cancellation, the Buyer’s details and the Buyer’s order number. On receipt of the Buyer’s cancellation, the Buyer will be advised of a Returns Authorisation Number and this must be clearly attached to the packaging. The Buyer will be liable for the cost of returning the goods to the Seller. Any goods returned this way must have been subject to reasonable care whilst in the Buyer’s possession. This means that the original packaging must be used and that all accessories, leads, instruction books etc are present and carefully repackaged with the goods.
11.3 The Buyer’s original payment will be refunded within 30 days of the date of cancellation (less any delivery and/or collection costs that may have been incurred by the Seller). Goods that are returned without prior authorisation or that do not display a valid returns authorisation number will be subject to a handling charge, will be returned to the Buyer and no refund will be made.
11.4 For goods that are returned because they are faulty, please see the relevant section below.
12. Faulty Goods

12.1 Goods that exhibit a fault immediately upon first use out of the box must be advised to the Seller within seven days of delivery to the Buyer.
12.2 A returns process will then be initiated and the Seller will require the Buyer to provide the Seller with some details regarding the fault exhibited along with the Buyer’s details and the order reference. This information may help the Seller to identify if an actual fault exists or whether an error has been made in set up or installation. If it is not possible to rectify the apparent fault at this stage, the Buyer will be issued with a Returns Authorisation Number. 
12.3 The Returns Authorisation Number must be clearly attached to the packaging. Where possible, the original packaging must be used and all accessories, leads, instruction books etc should be present and carefully repackaged with the goods. The Buyer will then be advised of the arrangements to be made for return of the goods for inspection.
12.4 Goods will not be accepted without a valid Returns Authorisation Number.
12.5 On receipt at the Seller’s premises and if a fault is confirmed by the Seller’s engineers, the Buyer will be offered either a replacement item or a full refund of all the Buyer’s costs including any shipping costs.
12.6 On receipt at the Seller’s premises and if no fault can be found by the Seller’s engineers, one of the following will apply;
i) Return of the item to the Buyer and, at the Seller’s discretion, the Buyer will be charged for the new delivery and any collection charges.
ii) A refund of the item less any delivery or collection charges. If goods are found to be incomplete or damaged, a re-stocking charge of at least 25% of the value of the goods will be imposed, at the Seller’s discretion. Damage to packaging may result in a re-stocking charge at the seller's discretion.
12.7 The manufacturer’s warranty applies to any goods that develop a fault after 7 days of delivery to the Buyer.
12.8 In all circumstances, the Seller would advise that the Buyer retain all packaging and accessories to facilitate returns and to minimise any liability that the Buyer may have for damaged goods or missing accessories.
13. Damaged or Incorrect Goods

13.1 The Buyer shall be deemed to have accepted the Goods 7 days after delivery to the Buyer. 
13.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed. 
13.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. 
14. The Seller

  Clear Vision Systems Limited. Registered number 4465945. VAT number 797 2354 85.