These terms of sale apply to all goods supplied by: Kershaw Retail &
Wholesale Limited, t/a Morpeth Mobiles,
Harton Centre, Harton Lane, Tyne & Wear, NE34 0EE ("us", "we", the "Supplier").
No contract exists between you and us for the sale of any goods until we have received and accepted your order and we have received payment in full (in cleared funds). Once we have, there is a binding legal contract between us.
An acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
The contract is subject to your right of cancellation (see below). We may change these terms of sale without notice to you in relation to future sales.
DESCRIPTION AND PRICE OF GOODS
The description and price of the goods you order will be as shown on this website at the time you place your order.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
Every effort is made to ensure that prices shown on our web site are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If we do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
In addition to the price, you may be required to pay a delivery charge for the goods.
Payment for the goods and delivery charges can be made by any method shown on this website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence. There will be no delivery until cleared funds are received. Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
The goods you order will be delivered to the address you give when you place your order.
We aim to hold all items in stock. However, if sometimes a product is even more popular than we expected, there may be the occasional delay. If so, we will give you our best estimate of delivery times and endeavour to keep you informed. If a product is marked out of stock you can contact us and we will try our utmost to help you.
If delivery cannot be made to your address for reasons under our control we will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to us, we may:
- store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage;
- or sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
Time for delivery shall not be of the essence. The goods may be delivered by in advance of the quoted delivery date.
RISK / TITLE
The goods are at your risk from the time of delivery. Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: the goods, and all other sums which are or which become due to the Supplier from you on any account.
The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
All goods supplied by us are warranted to be in good condition and suitable for consumption. This warranty does not affect your statutory rights as a consumer. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions. If the goods supplied to you are damaged on delivery, you should notify us in writing or by phone within 24 hours. If you have any complaint about the goods, you should notify us in writing via the contact form, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. We will endeavour to rectify any complaint to the best of our ability.
LIMITATION OF LIABILITY
The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation. If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
The Supplier collects information about you for 2 reasons: firstly, to process your order and secondly, to provide you with the best possible service. The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you. The Supplier will not share information about you with any other organisation. The Supplier will not e-mail you in the future unless you have given us your consent. The type of information we will collect about you includes: name, address, phone number and email address. We do not collect your credit/debit card details. This is handled separately by our payment partner's PayPal and Nochex.. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first. We use website log files to track and report on the patterns of behaviour of visitors to our site. This site also uses a "cookie" which we store on your browser. You can modify your browser settings to prevent this happening but this site will not perform correctly without it.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.