5 – Cancellation and Returns
5.1 The Buyer shall be entitled to cancel the Order for Non-Customised Products by giving to the Seller notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by telephoning, faxing, emailing or mailing to the Seller. If there is a defect or fault in the Goods, the Buyer is required to notify the Seller of the problem at the time of delivery or as soon thereafter.
5.2 On cancellation, the Buyer shall return the Goods to the Seller at its own cost unless the Goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Seller, in which case the Seller will meet the cost of return subject to being able to nominate the carrier.
5.3 If the Buyer wishes to cancel an order for Customised Products, this must be done before the order is confirmed. Customised Products cannot be returned once your order is confirmed.
5.4 Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, the Seller will only accept unwanted products at its sole discretion within 14 days of delivery. The goods must be unopened and in a saleable condition.
5.5 The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale. The Seller reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyer’s failure to comply with this clause 6.5. Other than for requests for sample goods, usually supplied free of charge, Goods are not Dispatched or Sold on a trial or return basis.
5.6 On receipt of the returned goods the Seller will credit or refund the value of the goods to the Buyer, subject to clauses 5.3 – 5.5.
6 – Warranty and Liability
6.1 A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller in accordance with clause 5 or (where the defect or failure was not apparent on reasonable inspection) within 7 days of the discovery of the defect or failure but not exceeding 30 days from the date of delivery. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
6.2 Inspection of goods immediately on receipt of a delivery is recommended. Damage or short delivery must be notified to the Seller within three days. Goods that are refused as damaged must be signed for “Goods refused damaged” on the carrier’s delivery paperwork; Goods that are accepted but are damaged must be signed for “Goods damaged”; Goods that are short must be signed for “Goods received short” and the Buyer must amend the number of items delivered on the carrier’s delivery paperwork. Damaged or short deliveries must not be signed for as “Unchecked” on the carrier’s delivery paperwork. Note: If the carrier’s paperwork is not signed for correctly for damaged or short deliveries this will invalidate the Seller’s contractual liability under these conditions and the Seller reserves the right to refuse to credit the Buyer for the damaged or short goods.
6.3 Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned goods identify the fault or damage and otherwise inspect the goods. The Seller may replace, repair or refund to the Buyer the price of the Goods at its discretion, in which case the Seller shall have no further liability to the Buyer. If the goods are found to be in good order without defect they will be returned to the seller at the sellers cost. For the sake of clarity, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer, nor is it intended to exclude the Seller’s liability to you for fraudulent misrepresentation.
6.4 The warranty is given by the Seller subject to the following conditions:
- 6.4.1 The seller can not be held responsible for defects in the goods incurred in the delivery delivered by the buyer.
- 6.4.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the Buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the Goods.
- 6.4.3 For products where a third party warranty card is included, the card must be completed and returned to surstromming.shop within thirty days of receipt of the product(s). If the warranty card is not received within thirty days the warranty may be rendered invalid.
- 6.4.4 The Seller shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.
- 6.4.5 The warranty does not extend to parts, materials or equipment not manufactured by the Seller.
- 6.4.6 The above warranty is given solely to the Buyer and is not transferable to any third party.