Any date named by the Seller for despatch or delivery is an estimate only and is not to be of the essence of the Contract. The Buyer shall nevertheless be bound to accept the goods ordered when available. The Seller shall not be liable in any way in respect of late despatch or delivery howsoever caused nor shall such failure to despatch or deliver be deemed to be a breach of the Contract. Unless otherwise stated goods shall be delivered at current carriage rates (available upon request) unless otherwise agreed between the Buyer and the Seller at the time when the order was placed.
DISTANCE SELLING LAW: CANCELLATION AND RETURNS
GlueOnline follow a goodwill returns policy and observe distance selling laws for online orders. Under these regulations the Buyer is able to return an item within 14 days of receipt of goods. Items excluded from this policy include bespoke items made to order; bespoke pack sizes not normally available online, goods ordered in to meet the buyers demand, short shelf life material where the Buyer accepted prior to despatch; perishable goods that require specialist storage which has not been adhered to whilst in the Buyers possession.
If the Buyer chooses to cancel the contact with the Seller, the Seller will reimburse all payments received (except for delivery charges for shipments chosen over and above the least expensive standard delivery option). Unless agreed otherwise, the Buyer will bear the direct cost of returning the goods to the Sellers Warehouse.
If the goods to be returned are hazardous in nature and the Buyer does not have the means to return, the Seller will provide shipping using a registered DG account. Payment terms for this must be agreed between both parties before collection can be arranged.
Whilst the Seller will endeavour to execute orders in accordance therewith all conditions guarantees or warranties including guarantees or warranties as to qualify or description of the goods or their life or wear and tear or their use under any conditions whether known or made known to the Seller or not and whether written or oral are hereby excluded Subject as otherwise expressly provided in these Conditions. The Seller shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default of the Seller or its servants or agents arising out of or in connection with the goods. Nothing in this paragraph shall exclude or restrict any liability of the Seller or its servants or agents. As GlueOnline has no control over the use to which others may put these materials, they do not claim or warrant that in your particular circumstances, the results you will obtain from the use of the product will be the same as those described in any information. GlueOnline accepts no liability in negligence or otherwise for any damage resulting from your reliance on any information or recommendations supplied.
Should delivery of any of the goods sold be prevented or delayed by happenings or occurrences directly or indirectly due to force majeure or any circumstances whatsoever beyond the control of the Seller, the Seller reserves the right to cancel or suspend deliveries without any liability of whatsoever nature and howsoever caused to the Buyer.
TEST AND INSPECTION
Unless otherwise agreed all testing and inspection as shall be at the Manufacturers works and shall be final.
INDEMNITY/INDUSTRIAL PROPERTY RIGHT
The Buyer shall take all reasonable care and comply with all legislation in relation to the use processing storage and sale of the goods and shall indemnify the Seller against any claims demands expenses costs or liability which the Seller may incur arising out of or in connection with such use processing or storage or any other rights which result from the goods being made according to designs or specifications supplied by the Buyer or otherwise from the manufacturer of such goods.
INDUSTRIAL PROPERTY RIGHTS
If any claim shall arise alleging that the sale, use or other dealing with the goods infringes trademarks, trade names, Patents, copyrights, registered designs or other industrial property rights of third parties the Buyer shall forthwith notify the Seller thereof and give every assistance to the Seller in connection with such claim as the Seller may reasonably require.
If the Buyer shall make default in or commit any breach of any of his obligations to the Seller, or if any distress or execution shall be levied upon the Buyer or if the Buyer shall offer to make any arrangements with creditors or commit an act of bankruptcy or if any Petition in bankruptcy shall be presented against him or if the Buyer is a limited company any resolution or petition to wind up such company’s business (other than for the purpose of any amalgamation or reconstruction which becomes effective) shall be passed or presented the Seller shall have the right forthwith to determine by written notice posted to the Buyer any contract then subsisting without prejudice to any claim or right the Seller may otherwise make or exercise.
Should default be made by the Buyer in paying any sum due to the Seller or in performing any other obligations to the Seller, the Seller shall have the right with or without notice at its discretion either to suspend all further deliveries until the default be made good or to determine any Contract then subsisting so far as any further goods remain to be delivered without prejudice to any claim or right the Seller may otherwise make or exercise.
ARBITRATION AND LEX LOCI
The construction validity and performance of this Contract shall be governed by the law of England and any question, dispute or difference which may arise under out of or in connection with or in relation to this order or contract or touching the meaning and construction of the same shall be referred to the arbitration of a person to be appointed failing agreement of the parties by the President for the time being of the Law Society of England and the decision of such arbitrator shall be binding on both parties and shall be a submission to arbitration within the meaning of the Arbitration Act 1950 or any re-enactment or statutory modification thereof for the time being in force.