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Terms and Conditions

(CONSUMER) STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF [Plastoy Ltd trading as Duplay]

1 DEFINITIONS

In this document the following words shall have the following meanings:

1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 - "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 - "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 - "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 - "Seller" means [Duplay] of [Duplay Unit 1 Priory Market, Henry Boot Way, Hull, HU4 7DY];
1.6 - "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2 GENERAL

2.1 - These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 - All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 - Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 - Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 - Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

3 PRICE AND PAYMENT

3.1 - The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is INCLUSIVE of VAT and EXCLUSIVE of any delivery charges.
3.2 - Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.

4 DELIVERY

4.1 - Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 - All Goods, wherever possible, will be delivered within [7DAYS] of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 - The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 - Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 - Title for the Goods shall pass to the Buyer upon delivery of the Goods.

5 WARRANTY

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Please note batteries are exempt from all warranty and are not covered under any circumstances. In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of [6 MONTHS] from the date of delivery. If an item where to be found defective Plastoy Limited reserve the right to the following solutions.

5.1 If any item is found to be faulty but is still within the warranty, Plastoy Limited will offer to repair the item for free or offer a substantial discount to the buyer at their own discretion whether they wish to accept it or not.

5.2 If the item is damaged but the item is repairable or the faulty part is replaceable under the [6 MONTH] warranty Plastoy Limited will aim to repair or replace the faulty part of an item at Plastoy Limited's own cost if notified within 14 days of the item being delivered.

5.3 If the product is damaged beyond repair Plastoy Limited will directly replace the product for the same item if the customer has reported the fault after 14 days of receiving the item and it is within the [6 MONTH] Warranty. If the item is damaged during shipping a direct replacement will be sent if indicated as damaged on the couriers sheet, pictures may be requested as proof for a successful claim. 

5.4 If the buyer has had the product for under 14 days and the fault is reported to Plastoy Limited in writing before the 14 days are up the buyer can request a full refund or a replacement item as long as the item is proven to be of faulty workmanship or manufacturer's defect and un-repairable.

5.5 A warranty claim can take up to 14 working days while Plastoy Limited gather all of the information needed to determine the cause of the fault. If the buyer fails to co-operate during this time period the warranty claim could be delayed until all of the information has been received.

6 CANCELLATION AND RETURNS

6.1 - The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within [14 Days] of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 - Where a claim of damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 - Goods to be returned must clearly show the order number obtained from the Seller on the package. you can download the returns form here 
6.4 - Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 - Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 14 working days of receipt of the Goods. Goods must be returned in their original condition and packaging at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (minus original delivery charges and return postal or collection charges, if any.) within 30 days of cancellation.

7 GUARANTEES

In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of [6 MONTHS] from the date of delivery. 

8 LIMITATION OF LIABILITY

8.1 - Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 - The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

9 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

10 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of [UNITED KINGDOM] and the parties hereby submit to the exclusive jurisdiction of the [BRITISH] courts.

BUSINESS TO BUSINESS STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF [Plastoy Ltd trading as Duplay]

1 DEFINITIONS

In this document the following words shall have the following meanings:

1.1 - "Buyer" means the organisation or person who buys Goods from the Seller;
1.2 - "Goods" means the articles to be supplied to the Buyer the Seller;
1.3 - "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 - "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 - "Seller" means Plastoy Ltd Trading as Duplay], Unit 1 Priory Market, Henry Boot Way, Hull, HU4 7DY

2 GENERAL

2.1 - These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing. 2.2 - Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 PRICE AND PAYMENT

3.1 - The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage shall be paid for by the [BUYER].
3.2 - Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
3.3 - The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of [5 %] per annum above the base rate of the [CENTRAL BANK].
3.4 - If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
3.4.1 - require payment in advance of delivery in relation to any Goods not previously delivered;
3.4.2 - refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.4.3 - terminate the contract.

4 DESCRIPTION

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

5 SAMPLE

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

6 DELIVERY

6.1 - Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 - The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
6.3 - If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
6.4 - The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.

7 RISK

Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

8 TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

9 WARRANTY

9.1 - Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within [6 MONTHS] from the date of delivery, subject to the following conditions:
9.1.1 - the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
9.1.2 - the defect being due to the faulty design, materials or workmanship of the Seller.
9.2 - After the [6 MONTH] warranty any Goods to be repaired shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.
9.3 - Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
9.4 - The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
9.5 - The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.

10 LIABILITY

10.1 - No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
10.1.1 - the correspondence of the Goods with any description;
10.1.2 - the quality of the Goods; or
10.1.3 - the fitness of the Goods for any purpose whatsoever.
10.2 - No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
10.2.1 - the correspondence of the Goods with any description; 10.2.2 - the quality of the Goods; or
10.2.3 - the fitness of the Goods for any purpose whatsoever.
10.3 - All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.

11 LIMITATION OF LIABILITY

11.1 - Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
11.2 - Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.

12 INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

13 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

14 RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

15 ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

16 WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

17 SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

18 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of [UNITED KINGDOM] and the parties hereby submit to the exclusive jurisdiction of the [BRITISH] courts.

19 WEE Take Back Scheme

You can now recycle your old electricals with us.

If you’re buying a new electrical item, we will recycle your old one for free

Why recycle?

Unwanted electrical equipment is the UKs fastest growing type of waste.

Many electrical items can be repaired or recycled, saving natural resources and the environment.  If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health.

We can help
We are pleased to offer our customers the chance to recycle their old electrical items.

To Apply, contact our team to arrange a safe collection from your address on a day to suit you, we will then dispose of the item correctly from our warehouse.

To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.

What is WEEE?

The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items.  In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Those establishing their own take-back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like-for-like basis