Terms and Conditions of Sale

UPDATED; 20th January 2013
These are the Terms and Conditions of Sale of all goods merchandise, products and services supplied by O’Neills Beverage Merchants to any person, firm or company placing an order with the Company for the purchase of any Product. These Terms and Conditions shall apply unless the Company agrees, in writing, to vary these Terms and Conditions:
Please take few minutes to read the below information about the legal terms and conditions that apply to you as a customer. If you don't agree to these terms and conditions please contact us before placing an order. These terms and conditions, which may be modified from time to time, apply to all customers.
Contents
 Acceptance
 Prices
 Title
 Shipping and Handling
 Returns & Cancellations
 Payment Terms
 Accounts
 Pre-Orders/ Proforma Orders
 Overdue Accounts
 Non-Refundable Deposits
 Disclaimer
 Limitation of Liability
 Comments, feedback and other
Acceptance
Placing an order with O’Neills Beverage Merchants confirms your acceptance of
these terms and conditions and your agreement to be bound by them. If you do
not accept these terms and conditions, please cancel your order immediately. In
the event of a violation of these terms and conditions, O’Neills Beverage
Merchants reserves the right to seek all remedies available by law and in equity.
We may at any time and from time to time revise these Terms and Conditions.
Prices
Prices shown on our web site, price lists and quotations are in Pounds Sterling
(£) and are exclusive of VAT. We reserve the right to alter our pricing at any
time, unless already invoiced.
Title
The supply of the Goods by O’Neills Beverage Merchants under these terms and
conditions to the Customer creates a registrable security interest and O’Neills
Beverage Merchants ownership of the Goods shall not pass until:
(a) the Customer has paid O’Neills Beverage Merchants all amounts owing for the
particular Goods; and
(b) the Customer has met all other obligations due by the Customer to O’Neills
Beverage Merchants in respect of all contracts between O’Neills Beverage
Merchants and the
Customer.
Receipt by O’Neills Beverage Merchants of any form of payment other than cash
shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised and until then O’Neills Beverage Merchants
ownership or rights in respect of the Goods shall continue.
It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until
O’Neills Beverage Merchants have received payment and all other obligations
of the Customer are met; and
(b) until such time as O’Neills Beverage Merchants ownership of the Goods shall
pass from O’Neills Beverage Merchants to the Customer O’Neills Beverage
Merchants may give notice in writing to the
Customer to return the Goods or any of them to O’Neills Beverage Merchants.
Upon such notice the rights of the Customer to obtain O’Neills Beverage
Merchants ownership or any
other interest in the Goods shall cease; and
(c) O’Neills Beverage Merchants shall have the right of stopping the Goods in
transit whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to O’Neills Beverage Merchants then
O’Neills Beverage Merchants may enter upon and into land and premises owned,
occupied or used by the Customer, or any premises as the invitee of the
Customer, where the Goods are situated and take possession of the Goods; and
(e) the Customer is only a bailee of the Goods and until such time as O’Neills
Beverage Merchants has received payment in full for the Goods then the
Customer
shall hold any proceeds from the sale or disposal of the Goods on trust for
O’Neills Beverage Merchants ; and
(f) the Customer shall not deal with the money of O’Neills Beverage Merchants in
any way which may be adverse to O’Neills Beverage Merchants; and
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise
give any interest in the Goods while they remain the property of O’Neills
Beverage Merchants; and
(h) O’Neills Beverage Merchants can issue proceedings to recover the Price of the
Goods sold notwithstanding that O’Neills Beverage Merchants ownership of the
Goods may not
have passed to the Customer; and
(i) until such time that O’Neills Beverage Merchants ownership in the Goods
passes to the Customer
Shipping and Handling
Prices do not include Shipping and Handling, which is calculated and applied to
your final invoice before final payment. For international orders you will receive
a freight quote before your order is shipped. In-stock items usually ship within 1-
3 days. If you place an order that contains both pre- or backorder and in-stock
items, the whole order will ship when the missing items arrive. If you would like
a split shipment, please contact us. Estimated delivery dates are approximate
and for guidance only. We try our best to get your order dispatched to you as
soon as possible, but we are sometimes affected by delays outside of our control.
Returns and Cancellations
All orders are final and cannot be cancelled once the order has been confirmed
by us. We do not accept return of unsold goods or change of mind. To report a
faulty item, please email the details of the damage to
info@oneillsbeveragemerchants.com, and quote your invoice number. Nondelivery
must be reported immediately (within 48 hours maximum).
Return of faulty items should occur within 5 days of receiving them, please send
your items back to us via Royal Mail or courier with a tracking number. All items
returned must be in original undamaged condition. We cannot refund shipping
charges. You are responsible for any cost associated with returning the item to
us, including any currency conversion costs.
Payment Terms
We accept cash, cheque or BACS payments and card payments can be arranged
via paypal.
Accounts
30 day accounts can be set up upon completion of our account request form. In
order to receive 30 day payment terms customers will be required to provide all
details requested on the form including owners personal contact details and
reference information.
Pre-Orders/ Proforma Orders
Pre-orders and Proforma orders are considered final orders and cannot be
cancelled once an order confirmation has been sent by the Company. We reserve
the right to cancel the production of any of the Products in our range. If this
occurs, the payment received for the cancelled Product will be refunded in full to
the customer.
Overdue Accounts
All goods supplied remain the property of O’Neills Beverage Merchants until
payment is made in full. If we have your credit card details on file, we reserve the
right to automatically charge your card the overdue amount without prior notice.
Any accounts that are outstanding for over 60 days may incur a late payment fee
of 3% and may be passed on to debt collection. Any fees involved in recovering
the debt, is the responsibility of the customer.
Non-Refundable Deposits
As we produce to order some of our products, some ordered Products will
require a non-refundable deposit which will secure your pre-order through the
production process. Failure to pay a deposit may result in an order being
cancelled.
Disclaimer
Our Website, price lists and quotations and all Content of these are provided to
our customers and prospective customers "AS IS" and "AS AVAILABLE" and
without warranties of any kind, whether express or implied, including but not
limited to, those of merchantability, fitness for a particular purpose, title or non
infringement. You acknowledge, by your order that your use is at your sole risk.
Limitation of Liability
in no event will O’Neills Beverage Merchants be liable to any party for any direct,
indirect, incidental, special, consequential or punitive damages for the supply or
delivery or non-delivery of products, including, without limitation, lost profits or
revenues, costs of replacement, business interruptions, loss of data or damages
resulting from use of or reliance on the information present, even if O’Neills
Beverage Merchants is expressly advised about the possibility of such damages.
Comments, feedback and other
We're always happy to hear from you and welcome your comments, suggestions
or feedback. Please feel free to contact us at
info@oneillsbeveragemerchants.com