terms & conditions
TERMS AND CONDITIONS
Terms & Conditions of Sale
i. “Buyer” means the individual or organisation who buys or agrees to buy goods from the seller.
ii. “Consumer” shall have the meaning described in section 12 of the unfair contract terms act of 1977.
iii. “Contract” means the contract between the seller and the buyer for the sale and purchase of goods incorporating these terms and conditions.
iv. “Goods” means the articles that the buyer agrees to buy from the seller.
v. “Seller” means M2C Innovation Ltd, Unit 2, Brook Road, Bicton Industrial Estate, Kimbolton, Cambridgeshire, PE28 0LR, the operator and owner of www.qubetents.com
vi. “Terms and condition’s” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing from the seller to the buyer.
vii. “Website” is defined as www.qubetents.com.
2. Conditions i. Nothing in these Terms and Conditions shall affect the buyers statutory rights as a consumer.
ii. These T&C’s 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. iii. Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyers acceptance of these T&C’s.
iv. Any variation to these T&C’s(including and special terms and conditions agreed between both seller and buyer)shall be inapplicable unless agreed in writing by the seller.
v. Any complaints should be addressed to the seller as stated in clause 1.5.
i. All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these T&C’s and are subject to acceptance by the seller. The seller may choose not to accept and order for any reason.
ii. 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 such time as the goods are available or cancel the order and receive a full refund within 14 days. Where a pre order has been placed the customer accepts the extended delivery time quoted on order placement and the order will only be consider late when the advised delivery date has been exceeded , Then and only then would a refund be offered for the order placed under Pre-Order conditions.
iii. 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 sections within the website and shopping cart.
4. Price & Payments
i. The price of the goods is clearly listed on the website but excludes any delivery charges.
ii. The Total purchase price, and delivery charges will all be displayed in the shopping cart prior to any order confirmation. In zones outside of the UK , EU & USA local taxes and Duties maybe charged on arrival of the goods and are the buyers responsibility to pay.
iii. After the order has been received the seller shall confirm by email the details of the order.
iv. Payment of the product price plus delivery charges must be paid in full before dispatch of any goods.
5. Rights to the Seller
i. The seller reserves the right to periodically update pricing on the website, which cannot be guaranteed for any period of time. The seller shall make every effort to ensure the pricing is accurate at the point when the buyer places their order.
ii. The seller reserves the right to withdraw any goods from the website at any time.
iii. The seller shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
i. The seller warrants the goods will at the time of dispatch correspond to the description given by the seller. Except where the buyer is dealing as a consumer, all warranties ,conditions, or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded, the buyer is satisfied as to the suitability of the goods for the buyers purpose.
The following are EXCLUDED from our warranty
Tents & Tunnels
- General wear and tear over extended periods of use
- Flaws in the fabric caused by excessive wear
- Water ingress through fabric as a result of UV degradation
- Water ingress through seams caused by excessive abrasion of seams or seam sealant tape
- Broken zips caused by forcing, jamming or improper use
- Over tension of materials resulting in stretched seams coming apart
- Broken buckles and or clips subjected to undue force or wear
- Pole / Air beam breakages are treated as "fair wear and tear"
- Damage to the tent as a result from any pole breakages/ Air Beam breakage
- Over inflation of Air Beams resulting in damaged / broken beams
- UV degradation
- Condensation, which is generally caused by lack of ventilation
- Punctures to the material from stones / sharp objects as result of improper pitching location
i. All goods delivered within the UK, EU , USA will normally take 3-5 working days of order acceptance , This timescale excludes periods when items are being sold on the site as PRE-ORDERS , When pre-orders are offered it means you agree you are buying for a future delivery timescale as advised on the site . Pre-Orders may carry forward delivery times of 20 + weeks from order placement so please pay close attention when placing your order to ensure you know when you could expect to receive your order . Every effort is made to ensure delivery is made within the estimated time. Orders received after 3pm will be dispatched the following business day Monday-Friday. Global shipping regions could take 10-14 days depending on location.
ii. The seller shall use its reasonable endeavors to meet any date agreed for delivery. In the event that a delivery cannot be made 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.
iii. Delivery of the goods shall be made to the buyers address specified in the order and the buyer shall make all necessary arrangements to take delivery of the goods whenever they are tendered for delivery. As a signature is required for proof of delivery it is the buyer’s responsibility to ensure that they will be present at any address given to sign for the goods.
iv. Title and risk in the goods shall pass to the buyer upon delivery of the goods.
8. Cancellation and return
i. The buyer shall inspect the goods immediately upon receipt and shall notify the seller via email or telephone within 14 days of the 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.
ii. 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 postage chargers if the goods are in fact defective.
iii. If you are a consumer you have the right, in addition to your other rights to cancel the contract and receive a refund by informing the seller by email or telephone within 14 days of receipt of the goods.
iv. 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 all monies paid for the goods except delivery charges and for the 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.
v. Goods returned must clearly show the order number obtained from the seller on the package.
vi. Where the goods returned by the buyer are found to be damaged due to the buyers fault the buyer will be liable for the cost of remedying such damage. vii. No refund will be offered for any goods damaged by the buyer and must be return in an un-used, factory packaged and in a resalable state. The Seller reserves the right to inspect the returned goods before any refund is issued. Should any of these conditions not be met the seller shall not refund the goods.
9. Limitation of liability i. Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breech 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.
ii. Nothing in these T&C’s 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 sellers agents or employees. 10. Waiver i. 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 i. The seller shall not be liable for any delay or failure to perform any of its obligations if the delay and failure results from events or circumstances outside its reasonable controls, including but not limited to acts of god, acts of terror, strikes, lock outs,accidents,war,fire,failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from the natural source of supply and the seller shall be entitled to a reasonable extension of it obligation.
12. Severance i. If any term or provision of these Terms and conditions is held invalid, Illegal or unenforceable for any reason by the court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in force and effect as if these Terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. Changes to terms & Conditions i. The Seller shall be entitled to alter these Terms & Conditions at any time but this right shall not affect the existing T&C’s accepted by the buyer at the time of their purchase.
14. Intellectual Property & Copy Right i. Unless specified the copyright of every page of www.qubetents.com are owned and licensed to M2C Innovation Ltd. Reproduction of any aspect of this site is strictly prohibited.
15. Governing Law and Jurisdiction
i. These Terms and Conditions shall be governed by and constructed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
Company registration number: 6603558 Place of registration: United Kingdom Registered office address: 30 Cambridge Street, St.Neots, Cambs, PE19 1JL Postal and email address: Unit 3, Brook Road, Bicton Industrial Estate, Kimbolton, Cambridgeshire, PE28 0LR, Email - firstname.lastname@example.org