Terms & Condition

Terms & Conditions

We know it is not the most exciting thing to read on our webpage, nevertheless, we would like you to know the important stuff.

1. Definitions and General

1.1 In these terms and conditions:

"Agreement" means the agreement however made for the supply of Goods and or Services by Downton Direct Ltd to the Customer.

"Customer" means the party to whom Downton Direct Ltd has agreed to provide the Goods and Service including its employees agents and servants.

"Goods" means any equipment purchased by the Customer including laptop battery , laptop adaptors and other products supplied by Downton Direct Ltd.

"Force Majeure" shall include without prejudice to the generality of the expression act of God, war, riots, insurrection, governmental regulations, legal restrictions embargoes strikes labour disputes shortages of materials fire floods tempest or any other cause or event outside of the control of Downton Direct Ltd howsoever caused or arising.


"Subsidiary" means a subsidiary as defined by s736 of the Companies Act 1985 or any company where the members of Downton Direct Ltd hold not less than twenty per centum of the issued and fully paid shares.

"Carrier" means a third party delivery service which appointed by Downton Direct Ltd, upon the acceptance of the Agreement, to perform the delivery of ordered Goods.


2. Terms and Conditions

2.1 These Terms and Conditions of Sale shall be incorporated into all Contracts of Sale made by Downton Direct Ltd for the sale of any Goods. Any printed or other terms or conditions used by the Customer are excluded and Downton Direct Ltd shall not be bound by any terms or conditions in the Customer's order. If the Customer's order contains any terms and conditions then these Terms and Conditions of Sale shall take precedence over such terms and conditions in the Customer's order which shall be deemed deleted without notice.

2.2 The employees of Downton Direct Ltd are not authorised to make oral representations as to the description quality or fitness for any particular purpose of the Goods supplied under the Agreement. If a representation is made or an opinion expressed orally which materially affects the Customer's decision to purchase the Goods, the Customer must ensure that any such details are confirmed in writing by a Director of Downton Direct Ltd so as to form part of this Agreement otherwise no liability can be accepted.

2.3 All descriptions and other information contained in sales literature advertisements and quotations may include information received from Downton Direct Ltd's suppliers and agents.

2.4 Any typographical clerical or other error or omission in any sales literature, advertisements, quotations, price lists, acceptance of offer, invoices, delivery note or any other document or information issued by Downton Direct Ltd shall be subject to correction.

2.5 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.


3. Price

3.1 Downton Direct Ltd's sales literature, price lists, other advertising literature or other material do not constitute an offer unless expressed in a fixed quotation open for a specific period and Downton Direct Ltd reserves the right to withdraw or revise the same at any time prior to the Agreement.

3.2 Where payment becomes overdue (and without prejudice to the rights which Downton Direct Ltd may have) Downton Direct Ltd shall be entitled to charge interest at the rate of 3% per month over the Base Rate of HSBC Bank Plc from time to time in force on a daily basis to be liable from the due date for payment thereof until receipt by Downton Direct Ltd of the full amount whether before or after Judgment.

3.3 In the case of death, permanent incapacity, bankruptcy or insolvency of the Customer or when the Customer is a limited company in the case of a liquidation or the appointment of a receiver, the outstanding balance of the purchase price of all goods invoiced and for delivery by Downton Direct Ltd to the Customer prior to the date of the relevant event shall immediately become due and payable from the Customer to Downton Direct Ltd.

3.4 Any discounts agreed by Downton Direct Ltd and the Customer shall cease to apply if there is any default by the Customer of the specific terms agreed. The Customer accepts that any such default on his part or in the event of collection being ordered by a Court, the full amount of the contract price will be payable by the Customer to Downton Direct Ltd .


4. Availability and Delivery

If after acceptance of the Customer's order Downton Direct Ltd discovers within 14 days of such acceptance that any of the goods is unavailable, Downton Direct Ltd may refund or re-credit you within 7 working days for any money that has been paid by the Customer or debited from the Customer's credit card for the good.

In these circumstances, Downton Direct Ltd will inform the Customer as soon as possible. Every effort will be made to deliver the goods as soon as possible after the Customer's order has been accepted. However, Downton Direct Ltd will not be liable for any loss or damage suffered by the Customer through reasonable or unavoidable delay in delivery. In this case, Downton Direct Ltd will inform the Customer of any delay as soon as possible and will give the Customer the option of cancelling the order at this point. However, in the unfortunate events of loss or damage in delivery, Downton Direct Ltd will do everything within its power to assist the Customer to claim compensation from the Carrier.


5. Waiver

No waiver or modification of the Terms of this Agreement shall be binding upon Downton Direct Ltd unless made in writing and signed by a Director of Downton Direct Ltd.



6. Insolvency of Customer

6.1 This clause applies where:

6.1.1 The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction).

6.1.2 An encumbrance takes possession or a receiver is appointed of any of the property or assets of the Customer.

6.1.3 The Customer ceases or threatens to cease to carry on business.

6.1.4 Downton Direct Ltd reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notified the Customer accordingly.



7. Distance Selling Regulations

This Section deals with cancellation only, for issues regarding return for exchange, please refer to Section 7 of this document.

7.1 Under the Distance Selling Regulations the Customer has the right to cancel the order for any item purchased and claim a refund for the items returned, seven (7) working days from the day after that on which the goods are received by the consumer. This right does not apply in the case of software where the seal has been broken.
 
Upon receiving the returned Goods, providing the Goods meets the condition at Section 7.2, 7.3, 7.4 and in compliance with Distance Selling Regulation, a refund will be made within three (3) working days.

If the Goods have NOT been shipped, the Customer will receive a full refund as soon as possible, usually within three (3) working days.


7.2 Should the Customer wish to exercise the rights under the Distance Selling Regulations the Customer's delivered order may only be cancelled in writing, by letter, fax or by email, as required in Clause 17.2. Telephone cancellations cannot be accepted.

An Order Cancellation Number (OCN) will be issued once Downton Direct Ltd receives the Customer's written notice for cancellation. The OCN serves as a confirmation that the Customer has notified B&D Powerbase, as required by the Distance Selling Regulations.

Goods can only be returned if accompanied by the OCN.

Downton Direct Ltd is not responsible for the lost of cancellation letter, fax or email while at transit. A OCN will only be issued if cancellation document(s) are received by Downton Direct Ltd.


7.3 The Goods must be returned in an unused and re-saleable condition. The Customer is responsible for the cost of safe carriage back to Downton Direct Ltd. The Goods should be packed in its original packaging. It is essential that there is no damage to any part of packaging. Reasonable care of Goods must be taken when packing products for transit. The Customer is advised to arrange for adequate insurance to cover the product during its return journey.


7.4 The Goods should be returned within seven (7) working days from the date Downton Direct Ltd receives the Customer's cancellation and issues a OCN. If the Customer is unable to return the Goods to Downton Direct Ltd within seven working days the Customer must contact Downton Direct Ltd to arrange a collection that will be at the Customer's cost.


7.5 The Customer may cancel Services in the same way, within seven days of purchase, unless the services begin sooner. The Distance Selling Regulations do not apply to financial and insurance services.


7.6 Software can only be returned if the seal on the product is completely intact. Downton Direct Ltd will not refund for any software when the license has been activated or agreed by the customer. The only exception to this is if the software is faulty or misdescribed. Should this be the case, please send email to  sales@batteytec.co.uk.

 

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