LET AWAY - COLCHESTER MILITARIA TERMS AND CONDITIONS
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Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Colchester Militaria Ltd email address Sales@colchestermilitaria.co.uk; telephone number 07497776029 ; (the Supplier or us or we).
2. These are the terms on which we sell Goods by means of what we term “let away” to you. By ordering Goods using “let away”, you agree to be bound by these Terms and Conditions. By placing an order through the process “let away, you agree to these Terms and Conditions. You can only purchase the Goods through the “let away” Process if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised or sold by the Consumer that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Let Away means you pay a deposit no less than one third of the price of the goods, rounded up to the nearest hundred. You will pay monthly installments no less than £100.00 per month. The Goods being sold on “let away” cannot be sold by the Consumer, to any other customer. The Goods will be held by the Consumer until they have been paid for in full.
Goods
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear as available on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods. When an Order has been submitted on our data base or by any other means, we can reject it for any reason, although we will try to tell you the reason without delay.
18. Each order, we allow you to check and amend any errors before submitting an Order either by phone, online or face to face. It is your responsibility to check that you have placed your order correctly.
19. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price / Payment & Installments
21. The price of the Goods is final any additional delivery charges are set out after the “let away process”.
22. We require that the Deposits/Reservations are no less than one-third of the price of the product and rounded up to the nearest hundred. For example: If an item costs £500, one-third is £170. Round this up to £200, then three more monthly payments of £100 each.
23. Payments there after should be no less than £100.00 per month. You may only have one item on layaway at one time.
24. Colchester Militaria Ltd will accept any over payment the customer wishes to make to the amount that is owed.
25. You must pay by submitting your credit or debit card details with the “let away” process. Any other payment option with the “let away” process is not accepted.
26. We reserve the right to cancel any contract should a payment not be received on any given monthly installment - we will promptly return all payments made under the Contract, other than the initial deposit and an admin surcharge of £20.00.
Delivery
27. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after payment has been made in full.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29. If you withdraw the Contract at an end of its term, we will promptly return all payments made under the Contract, other than the initial deposit and a admin surcharge of £20.00.
30. If you do not withdraw the Contract at an end, and forfill your purchase, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will without delay return all payments made under the Contract for any such cancelled or rejected Goods, on safe return of the Goods back to our business premises.
31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you.
Withdrawals
38. You can withdraw the contract by telling us before the Contract is made or up to 14days after the contract is made (cooling off period), if you simply wish to change your mind and without giving us a reason, and without incurring any liability. Your deposit will be returned to you in this instance.
Right to cancel
39. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
40. The cancellation period will expire after 14 days of the contract being made.
41. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email).
Effects of cancellation in the cancellation period
42. Except as set out above, if you cancel this Contract, after 14 days we will reimburse to you all payments received from you, other than the initial deposit and an admin surcharge of £20.00.
Conformity
43. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
44. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
45. It is not a failure to conform if the failure has its origin in your materials.
Privacy
46. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
47. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy () and cookies policy ().
48. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
49. We are a Data Controller of the Personal Data we Process in providing Goods to you.
50. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
51. For any enquiries or complaints regarding data privacy, you can e-mail: .
Excluding liability
52. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
53. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
54. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
55. We try to avoid any dispute, so we deal with complaints in the following way: .
Model cancellation Form
To Email address: Sales@colchestermilitaria.co.uk Telephone number: 07497776029
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
_____________________________________________________
Date _________________________________
[*] Delete as appropriate.