Terms of Sale

EXS Distribution Ltd:

Terms and conditions:

1.Price
(a) The price and availability of goods supplied through Exs Distribution are subject to change. While we endeavor to avoid errors in regards to pricing and availability, sometime errors will occur. We are not obliged to sell the product to you at the advertised or wrongly listed price.

(b) Shipping costs will only be charged to orders that are less than £500 and the equivalent price in euros (€) set by the exchange rate at the time. We reserve the right to amend this clause and the exchange rate at any time

(c) All our prices shall be exclusive of value added tax. The buyer is liable to pay what VAT is applicable to an order on receipt of a valid invoice.

(d) The price of goods on www.exs-distribution.co.uk Is exclusive of packaging charges, insurance and transportation costs.

(e) While we try to make sure that all the information on this site is accurate, safe, and correct, we shall not be liable for any damages that may arise from the use or incorrect use of information found on Exs Distribution Ltd

2.Payment
(a) The supplier Exs Distribution shall provide a Pro Forma invoice to the customer no later than a day after an order is placed.

(b) Payment of goods supplied to the buyer shall be paid and cleared before a delivery is made. Payment should be made to the bank account provided. UK orders shall pay into the UK bank account, and EU orders into the EU bank account.

(c) Credit can be made available upon request. Acceptance of credit is at the discretion of the supplier. A credit application will need to be completed and authorised by the supplier. Credit may not always be available.

(d) If payment of funds fails then products will not be dispatched and we reserve the right to cancel orders. Unpaid orders will be cancelled within 5 working days. Payment shall be made in full without any counterclaims, off-sets or deductions.

(e) All major credit/debit cards, bankers draft or BACS transfers are acceptable methods for payment. Payment over the phone is acceptable

(f) We reserve the right to seek recovery of any monies remaining unpaid for 30 days from the date of invoice via collection Agencies and/or through the small claims court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

3.Delivery
(a) Any orders placed will be dispatched by the supplier to a destination (delivery address) agreed upon by both parties (the supplier and the buyer) upon confirmation of the order.

(b) Delivery shall take place when the goods are delivered to the buyers premises. The supplier shall try to complete delivery before the requested delivery date, but will not be liable for a delay in delivery.

(c) Next day delivery is available. The buyer must have supplied the supplier with all the information need to make a next day delivery. This information must be provided to us before 2pm, if the delivery is to reach the buyer by the following working day.

(d) Exs Distribution will not be liable for any loss in revenue/ costs from a delay caused by new instructions from the customer after an order has been place. Instructions refer to change in delivery date, quantities and types of goods ordered. Instructions to change an order must be given before 2pm, if a next day delivery is too be completed. On some occasions i.e at busier times, next day delivery may not be possible if a change to the order has been made.

(e) We ask sellers to only advertise available stock they hold. EXS Distribution will not be held accountable for losses incurred by the sale of an item that the buyer do not currently own. We do not allow advertisement of products the seller has never bought in stock. We will not be liable for losses incurred by the delay receiving an item. We also ask you to adhered to our strict privacy needs when new years stock has’nt been advertised to consumers, such as when preorders are sent out before a product launch. This behaviour can directly damage the image of our brand, confuse consumers and disadvantage other customers. This is something we do not condone.

(f) The delivery of goods is deemed complete, upon the acceptance of the goods by the buyer. Delivery will take place between Monday and Friday during work-hours (9am-5pm). The supplier aims to ensure that each order is traceable.
Delivery dates are approximate – the supplier is and will not be held accountable for any delays.

(g) The buyer doesn’t not hold the right to reject the good by reason of delayed delivery.
It is the responsibility of the buyer to notify the supplier if goods have not been received within 14 days of the date of the receipt of the invoice.

(h) The supplier holds limited liability if there is a failure to deliver the goods to the buyer. The suppliers liability is limited to the costs and expenses incurred by the customer in obtaining replacement goods.
(j) The Supplier shall have no liability for any failure to deliver the Goods if the failure is caused by forced majure or delivery instructions which were inadequate to complete the delivery

(k) The supplier may send the goods in installments (e.g. when some of the order is out of stock/ordered as pre-order) and the buyer shall be invoiced and paid for separately.

4.Warranty

(a) As suppliers we shall make sure that all products we send are free from defects , are of a good quality, and be fit for use.
(b)The buyer will need to give notice in writing if the goods received have defects, are of poor quality or aren’t fit for use.
We ask you as a buyer to return these goods as soon as possible.

(c)Only manufacture defects are covered by Exs Distribution. It is at our discretion whether or not we deem a defect to be a manufacture defect or the direct result of improper use/fitting of a part, neglect/misuse/general wear of the product.

(d)Warranty issues, if any, are usually apparent immediately or develop quickly after or during fitting/light use.
The products we supply do require maintenance, looking after and will need replacing over time due to wear. Replacement parts will, consequently, not be issued or covered under warranty after 45 days from the date of delivery. EXS Distribution withholds the right to act upon a warranty issue in any way we see fit based on either viewing after return or through the viewing of adequate hi resolution photos taken of the product(s) in question.

5. Cancellation Policy
(a) A minimum of 24 hours notice is needed for the cancellation of orders. Notification for instance, in person, via email, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses and 20% of the invoice amount for handling charges.

6.Termination of Agreements and Refunds Policy
(a) EXS Distribution reserves the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of items to be dispatched shall be refunded.

7.Sale of Goods
(a)The goods supplied by the supplied are not to be re-sold of wholesale site or similar. Products must be sold via its own shop or website. The buyer should advise the company on which sites the buyer intends to sell the products, when asked.
Goods purchased on Exs Distribution can be sold on 3rd party websites (inclusive of Ebay, Amazon), but Exs Distribution Ltd reserves the right to dictate who can sell on third party sites. Failure to comply with the suppliers requests may end in termination of the buyers account. If a store wishes use third party sites to increase sales, adhere to the RRP prices set by EXS Distribution.

8.Confidentiality
(a) This site must be used by your company and staff only. It is forbidden to offer access to the Exs Distribution website to competitors through the nonconsensual re-distribution of log-in details. Never give access to the b2b to customers.

(b) Login details are private and should not be used by any 3rd party.
(c) The content of the site is limited to account holders (info and/or trade prices) and should not be divulged with any 3rd party.

(d) As an account holder, you are trusted to keep the contents of the EXS Distribution website confidential. Offering a 3rd party/competitor access to this website (even under the account holders supervision) is strictly prohibited and will result in Exs Distribution seeking damages for the sharing of confidential information.

9.Data Collection
(a) By using this website you confirm your acceptance that we will collect, store and the use the following types of data;
• Your IP address
• Geographical location
• Browser type
• Length of visit
• Pages visited
• Information about your PC or Device
10.Availability
(a) Unless otherwise stated, the services featured on this website are only available within the United Kingdom, Europe, Scandinavia, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market unless stated in writing/email to customers who lie outside of this demographic. The buyer is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar means, without the express written consent of the seller. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Exs Distribution, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

11.Links from this website
(a) We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by EXS Distribution and as a result, we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

*Waiver. A waiver of any right or remedy under the contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
*Third party rights. A person who is a party to the contract shall not have any rights under or in connection with it.
12.Liability
(a) Exs Distribution shall under no circumstances be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit (whether actual or anticipated), loss of business opportunity, business interruption, loss of anticipated savings, loss of data equipment or property, loss of interest or revenue, damage to goodwill, or any indirect or consequential or special loss arising under or in connection with the Contract

13.Force Majeure
(a) Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

(b) WE DO NOT STORE CREDIT CARD INFORMATION. All over the phone payments are processed through a PCI compliant 3rd party payment gateway called worldpay moto. The credit card info is input in to the app only to process the payment. These details are not written down or stored and disappear immediately after payment.

14.Copyright Notice
(a) Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of the EXS Distribution website.

These terms and conditions form part of the Agreement between you (the buyer) and ourselves (Exs Distribution). Your accessing of this website and/or undertaking of purchases or agreement indicates your understanding, agreement to and acceptance of the disclaimer notice and the full terms and conditions contained herein. Your statutory Consumer Rights are unaffected.