These Terms and Conditions govern the supply of goods sold by CHEMASSIST, Kemp House, 160 City Road, London, EC1V 2NX,
(“we” and “us”) to the customer (“you”).
1.1. The Terms of Business will govern our relationship with you, and by placing your order you are deemed to have accepted these terms.
1.2. Nothing contained in these terms may be varied, replaced or superseded unless we confirm such alteration in writing.
1.3. Any advice given by us is given in good faith, but shall not form part of this or any agreement unless agreed otherwise.
1.4. No advice, promise, instruction or any communication by any of our employees, subcontractors or representatives is binding, unless confirmed in writing by us.
1.5. These terms cover the sale of the goods supplied – not the intended usage. All products must be used in accordance with the instructions / restrictions provided with the goods.
1.6. All services carried out by us are provided under UK law.
2. Placing Orders
2.1. All orders placed either online or otherwise, are subject to acceptance by us by delivery of the goods to you, at which point a legally binding contract is constituted between us.
2.2. The placing of an order or processing of your payment or acknowledgment of your order does not constitute legal acceptance of your order.
3. Price & Payment
3.1. The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for carriage and insurance as applicable.
3.2. From time to time, market forces may require us to adjust prices and we reserve the right to change the price of our goods at any time. Should we be forced to change our prices from those published on our website, we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for goods, and may decline it or limit the order quantity.
3.3. Occasionally an error may occur with our website, and goods may be incorrectly priced. In such circumstances we will not be obliged to supply the goods at the incorrect price.
3.4. Subject to clause 3.5, we must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage, before your order can be processed.
3.5. If you are an account customer, payment must be made in full within 30 days of the date of the invoice. We may revoke credit if you fail to make payment when due. Should your account remain outstanding for longer than 60 days we reserve the right to claim the balance due, plus costs, plus interest via the County Court system governed under UK law.
4. Delivery & Title
4.1. All goods are shipped via a signed delivery service, and we will deliver them in accordance with your order. A valid signature may be required on delivery.
4.2. We will endeavour to fulfil your order by the delivery date set out in the despatch confirmation or, if no delivery date is specified, then in accordance with the following:
4.2.1. All orders to destinations within Mainland Great Britain (England, Scotland and Wales) should be received within 1-3 working days.
4.2.2. Orders to all other destinations should be received within 3-5 working days.
4.3. For the avoidance of doubt: All delivery dates and times are estimates only, and we will not be liable in respect of any delay in meeting such delivery times.
4.4. For reasons of health and safety and to avoid any property damage, bulky or heavy items can only be delivered to a ground floor location at the delivery address.
4.5. Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
5.1. While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you within 30 days.
6. Cancelation & Returns
6.1. You may cancel your order by giving us notice of cancellation within 14 days of the date of delivery to you. Such notice may be given by phone, mail, or email. You will receive a refund for the product(s) returned, however, if a part order is returned, the litre price of the remaining product(s) will be adjusted accordingly if applicable.
6.2. Unwanted goods must be returned in the original condition, items must be complete, and containers must be unopened. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
6.3. On cancellation for whatever reason, the goods must be returned to us, unless we agree that you may dispose of them - in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. If returning the goods to us, our Returns Address is: CHEMASSIST Unit 1290, Safestore Eastbourne, 51 Brampton Road, Brampton Business Park, Eastbourne, BN22 9AF.
7. Refunds Policy
7.1. When returning a product to us, because you have cancelled the contract between us in accordance with clause 6 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancelation. In this case, you will receive a refund for the product(s) returned, however, if a part order is returned, the litre price of the remaining product(s) will be adjusted accordingly if applicable. The responsibility of delivery costs are as follows:
188.8.131.52. For returned orders from destinations within Mainland Great Britain (England, Scotland and Wales): we will meet the cost of return but we ask that you allow us to nominate the carrier.
184.108.40.206. For returned orders from destinations outside Mainland Great Britain (destinations other than England, Scotland and Wales): we will not refund the cost of the initial delivery cost, and you will be responsible for the cost of the return.
7.1.2. Because you claim that the product is defective, we will examine the returned product(s) and will notify you of any refund via email within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case within 14 days of the day we confirmed to you via email that you were entitled to a refund for the defective product(s). Products returned due to a defect which we have examined and agreed exist will be refunded, however, if a part order is returned, the litre price of the remaining product(s) will be adjusted accordingly if applicable. We will also refund the delivery charges for sending the returned product(s) to you, and the cost for sending the returned product(s) to us.
8.1. If you have notified us of a problem with the goods within 14 days of delivery, we will (subject to clause 4) at our absolute discretion either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
8.2. We will not be liable to you 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 we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.
8.3. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
9. Age Requirements for Specific Goods
9.1. Where you place an order for age-restricted goods such as solvents, or any other potentially dangerous or harmful products, you confirm that you are over the age of 18, and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
10.1. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
11. Force Majeure
11.1. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).