This legal notice applies to the entire contents of the Website under the domain name www.abbeystationery.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice ine is issued by Abbey Stationery Products Ltd (Company).
You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is
binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website
You are permitted to print and download extracts from the Website [for your own use] on the following basis:
no documents or related graphics on the Website are modified in any way;
no graphics on the Website are used separately from the corresponding text;
and the Company's copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the
Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 0 for any purpose is prohibited. If you breach
any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
Subject to clause 0, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
Any rights not expressly granted in these terms are reserved.
This policy applies to website purchases only.
If the goods are faulty, you have 30 days to return it to us for a full refund. If you are returning the purchase due to a fault or because we have made a mistake, we will make a full refund including your carriage charges you have paid to us.
Should you wish to return a purchase, please send an email to email@example.com indicating works order number and what product and quantities you want to return. Once you have received a reply from us, please package your item securely and send by a registered form of post to our address. Once we have received the goods refund will be made to you within 5 working days.
While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
VISITOR MATERIAL AND CONDUCT
You are prohibited from posting or transmitting to or from the Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or
You may not misuse the Website (including, without limitation, by hacking).
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of the above.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of the Abbey logo;
you do not create a frame or any other browser or border environment around the Website;
you do not in any way imply that the Company is endorsing any products or services other than its own;
you do not misrepresent your relationship with the Company nor present any other false information about the Company;
you do not otherwise use any Abbey Stationery Limited’s trade marks displayed on the Website without express written permission from the Company;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The Company expressly reserves the right to revoke the right granted in this document for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of any terms.
Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
While the Company endeavours to ensure that the information on the Website is correct, the
Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice.
The material on the Website may be out of date, and the Company makes no commitment to update such material. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in this legal notice shall exclude or limit the Company's liability for:
death or personal injury caused by negligence [(as such term is defined by the Unfair Contract Terms Act 1977; or
misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
STORAGE, DELIVERY & CALL OFFs
Please check out our Delivery page for more in-depth information on costs and locations for delivery.
Our contracted overnight courier service currently operates at a 98% success rate. This means that next day deliveries are not 100% guaranteed. If you require a critical date or time for your goods, you may wish to consider alternative delivery options or arrange a collection from us.
Goods can be stored free of charge (FOC ). If there have been no call-offs during a one-year period from the previous call off or if you have moved to a new supplier, we will notify you and deliver your goods in full.
CONDITIONS OF SALE
In these conditions ‘the Seller’ means ABBEY STATIONERY LTD and ‘the Buyer’ means the person or company to whom this document is addressed. Goods – means the goods which the Seller is to supply in accordance with these conditions. Conditions – means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes conditions agreed in writing between the Buyer and the Seller. Contract – means the contract for the purchase and sale of the goods.
FORMATION OF CONTRACT
All sales are subject to these conditions as modified by any special terms overleaf or agreed in writing but excluding any and all printed terms of purchase proposed by the Buyer which are inconsistent with these conditions.
Quotations are not offers. No contract shall result until the Buyer’s order has been accepted by the Seller in writing.
All verbal acceptances of order are deemed made subject to these Conditions of Sale.
All assurances given or terms discussed before order or arising from previous transactions shall take effect as part of this Contract or as collateral warranty or contract, nor shall they bind the Seller in any other way, unless repeated in the Seller’s quotation and set out clearly in the Buyer’s written order.
No statement, description, information warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of the Seller shall be construed to enlarge, vary or override in any way any of these conditions.
The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.
Credit accounts may not be opened unless and until references are approved.
Terms of Payment
Payment shall be due by 30 days after the invoice date.
The price of the goods shall be due in full to the Seller and the Buyer shall not be entitled to exercise any set-off, lien or any other similar claim.
If the goods are delivered in installments, the Seller shall be entitled to invoice each installment as and when delivery thereof has been made and payment shall be due in respect of each installment whereof delivery has been made, not withstanding any non-delivery or other default on the part of the Seller.
If upon the terms applicable to any order, the price shall be payable by installments or if the Buyer has agreed to take specified quantities of the goods at specified times, a default by the buyer in the payment of any due installment or the failure to give delivery instructions in respect of any quantity of goods outstanding shall cause the whole of the balance of the price to become due forthwith.
In addition to its other remedies, the Seller reserves the right to charge interest on delayed payments from the due date on a day to day basis at a rate not exceeding 5 per cent above Bank of England minimum lending rate from time to time in force.
PRICES AND VALIDITY
Subject to the express provisions of any quotations, prices are quoted ex works and are valid for no longer than 30 days after despatch of quotation. When not specifically quoted for work is carried out and goods are supplied at our charges current at the date of execution or despatch respectively. Value Added tax or any other Government tax or levy shall be payable on sales where appropriate in addition to the price.
Quoted prices are subject to amendment before or after acceptance to meet any rise in cost of particular materials or components specified by the Buyer. Alterations
Amendments instituted by the Buyer and resulting in further work having to be done may incur an additional charge appropriate to the extra work and any other additional costs entailed. Expedited Delivery
When work is rearranged at the Buyer’s request for delivery sooner than the quoted time, a charge may be made for overtime and any additional costs so incurred.
Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time of delivery shall not be of the essence of the contract unless expressly so stipulated in writing. If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or bought in goods or components, or any other cause beyond the reasonable control of the Seller a reasonable extension of time for delivery shall be granted and the buyer shall pay such reasonable extra charges as shall have been occasioned by the delay.
The Buyer shall note any claim for short delivery and/or damage to goods on the delivery schedule at the time of delivery and shall confirm such claims in writing to the Head Office within three working days from the date of delivery. Compliance with this requirement shall be a condition precedent to any claim for short delivery and/or damaged goods. If short delivery does take place, the customer undertakes not to reject the goods but to accept the goods delivered as a part performance of the contract.
If the Buyer fails to take delivery on the agreed delivery date or, if no specific delivery date has been agreed, when the goods are ready for despatch, the Seller shall be entitled to store and insure the goods and to charge the Buyer the reasonable costs of so doing and to tender its account for the price under condition 4.
RISK AND TITLE OF GOODS
Title of goods shall pass to the Buyer, upon payment of full cleared funds to the Seller
Risk of damage to or loss of the Goods shall pass to the Buyer at the point of delivery.
As the insurable risk in the Goods shall pass to the buyer as soon as the Goods are delivered to him or to his order and pending disposal they must keep the Goods insured in the amount of the price at which the Goods are sold to the Buyer against all insurable risks.
If Goods are destroyed by an insured risk prior to the same being paid for the by the Buyer, the Buyer shall receive the proceeds of any such insurance as trustee for the Seller.
Notwithstanding the delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
Until such time as the title in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods whether tangible or intangible, including insurance proceedings and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
Should the Buyer alter the Goods by subjecting them to any manufacturing process or incorporating them into another product or mixing them in any way then the resulting product (“altered goods”) will pass into the ownership of the Seller until payment due under all contracts between the Seller and the Buyer has been made In full and all the Seller’s rights hereunder shall extend to the altered good
Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Gods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
The Seller may maintain an action against the Buyer for payment of the agreed price notwithstanding that title in the Goods has not passed to the Buyer.
In the manufacture of Goods to the Buyer’s specification, the right is reserved to consider a variation not exceeding 10 per cent of the exact nominated quantity and charged pro-rate to be due execution of an order. Exact quantities can be supplied only if clearly stated at time of requesting quotation and confirmed in writing on official order form.
DESIGN AND SPECIFICATIONS
It is the Buyers responsibility to ensure that all approvals have been granted before manufacture commences and to satisfy itself that specifications are correct. The Buyer warrants that manufacture to his order will not involve the Seller in the infringement of patent, registered design or trademark or other right and will indemnify the Seller against all claims, costs and expenses incurred by any such infringement.
WARRANTIES AND LIABILITY
“Conditions” – means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and the Seller. “Contract” – means the Contract for the purchase and sale of the Goods. ”Goods” – means the Goods which the Seller is to supply in accordance with these Conditions.
As the Goods may be used for a multiplicity of purposes and in a multiplicity of ways over which the Seller has no control, all conditions or warranties, express, implied by statute or otherwise, as to their fitness for any particular purpose are hereby excluded.
In the case of Goods not of the Seller’s manufacture, the Seller will pass on to the Buyer any benefits obtainable under any warranty given by the Seller’s supplier provided that the Goods have been accepted and paid for.
In the case of any claim under this paragraph the Seller reserves the right at its sole discretion to replace the Goods or to credit to the Buyer, in full, the price paid by the Buyer to the seller.
In order to exercise its rights under this paragraph, the Buyer shall return the defective Goods, to the seller total carriage cost paid by the Buyer.
Nothing herein shall impose any liability on the Seller in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Buyer, its servants or agents, including in particular but without prejudice to the generality of the foregoing, any failure by the Buyer to comply with any recommendations of the seller as to storage and handling of the goods.
Where the goods are for delivery by installment, any defect in any installment shall not be a ground for cancellation of the remaining installments and the Buyer shall be bound to accept delivery there of.
Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the full extent permitted by law.
The Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise.
Tools, dies and drawings made for the manufacture of Goods to be supplied to the Buyer shall remain the property of the Seller even though the Buyer may have been charged with a sum in respect of the cost of such, unless otherwise agreed in writing by the Seller.
BUYERS INSTRUCTIONS AND PROPERTY
The Seller accepts no liability for damage or loss of Buyer’s property, which is held at Buyer’s risk. Every care will be taken to secure the best results, but responsibility will not be accepted for imperfect work caused by defects or unsuitability of materials supplied by the Buyer. Additional cost due to the delay or impaired production caused by late delivery, poor quality or packing may be charged to the Buyer. Buyer’s tools, fixtures, etc. are used at Buyer’s risk and the Seller cannot accept any claim for loss or damage to the same. Liability cannot be accepted for Buyer’s materials or its processing where subsequent use shows that the material is unsuitable for the purpose. All such materials, together with drawings, artwork, samples and whatever information is required from a Buyer must be received at due time to avoid interference with other contracted work. Prices and completion dates quoted are dependent on unimpeded progress and delivery of complete order.
Samples, illustrations, drawings, etc., accompanying our quotations are to be regarded as approximate only and are not binding us in detail unless expressly said to be so in our quotation. Customers alterations and additional proofs necessitated thereby shall be charged extra.
EXCLUSIVITY & DISPLAY
The goods made by the Seller and the Goods purchased by the Buyer will not have exclusivity rights to the buyer, unless discussed & agreed in writing. The Seller has the right to advertise or display the Goods on their website or any other form of promotional method, if there is no prior written agreement between the Seller and the Buyer not to do so.
The Buyer shall not, without Seller’s prior written consent, assign or transfer or purport to assign or transfer the contract to which these Conditions relate or the benefit thereof to any other person whomsoever.
No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to Seller.
English Law shall be the proper law of the contract and all claims under the contract shall be settled by reference to the English legal system. (All disputes between the parties shall be resolved by arbitration by an arbitrator to be agreed by the parties, or, in default of agreement, to be appointed by the President of the chartered Institute of Arbitrators.)
Any notices required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
We may suspend further supply or delivery, stop any Goods in transit or terminate our contract if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply Goods to you.
If an order is cancelled after we have ordered materials for the job, the customer is liable to a cancellation charge. The cancellation charge will cover the full material cost and any other direct costs related to the job, incurred up to the point of the cancellation date.
DATA PROTECTION ACT 1988 GDPR
We may transfer information on request about you to our bankers/financiers for the purposes of providing services for the following reasons:- Obtaining credit insurance, Making credit reference agency searches, Credit control, Assessment and analysis (including credit scoring, product and statistical analysis), Securitisation and Protecting our interests. We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request.