Our terms and conditions
TERMS & CONDITIONS
- Unless otherwise agreed in writing by Abode Spray Supplies (the Company) these conditions shall supersede any earlier sets of conditions appearing in the Company’s catalogues or elsewhere and shall override any terms and conditions stipulated incorporated or referred to by the Customer whether in the order in any negotiations and no variation of these conditions will be applicable unless accepted in writing by the Company.
- These conditions shall not affect any statutory rights to which the Customer may from time to time be entitled and which by law cannot be varied or excluded.
- The price for any goods may be varied by additions upwards by the Company in accordance with market conditions at the date of actual supply and the Customer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour and/or materials and/or transport. The Customer shall be notified in writing before dispatch if and when this condition is to be executed.
- Prices and terms of payment
- The Company reserves the right to change or withdraw prices for the products or services it offers for sale without prior notice. If the Company price for any product or service is increased, the price in effect prior to the increase will apply to orders received prior to the effective date of the increase and shipped within a period of 30 days after the effective date of increase.
- Prices are in pounds sterling (GBP) unless otherwise specified.
- All prices displayed on the website exclude VAT (unless otherwise specified). VAT is charged at the rate prevailing at time of despatch and as set by HMRC.
- Unless otherwise specified by the Company in writing, all taxes and other charges imposed by federal, state, local, or foreign governments on the manufacture, sale, shipment, import, export, or use of the products or services shall be added to the price and billed to and paid by the Customer. The Customer shall defend, indemnify and hold harmless the Company from and against all liabilities for such taxes or charges and attorneys’ fees or costs incurred by the Company in connection therewith.
- In the event that there is a pricing error on the website then the Company will not be bound to honour any orders made at that price. You will be notified immediately that this is the case and the Company will not be held liable.
- Export Laws
- The obligations of the Company are subject to the export administration and control laws and regulations of England. The Customer shall comply fully with such laws and regulations in the export, resale, or disposition of products.
- Quotations or proposals made, and any orders accepted by the Company from a Customer outside the UK are with the understanding that the ultimate destination of the products is the country indicated therein. Diversion of the products to any other destination contrary to the laws of England is prohibited. Accordingly, if the foregoing understanding is incorrect, or if the Customer intends to divert the products to any other destination, the Customer shall immediately inform the Company of the correct ultimate destination.
- Conditions of Use
- No condition is made or is to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for any use under any specific instructions notwithstanding that the purpose or conditions may be known or made known to the Company.
- Extent of Liability
Lay-Buy Terms, agreements and contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both ourselves or the consumer:
Record of Payment
A record of payments transaction history will always be available for both ourselves and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
Cancellation of Lay-Buy by Buyer
The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising us in writing or if we agree orally. If a buyer cancels a Lay-Buy, Lay-Buy will, if requested by us, give the buyer a “cancellation statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to us under all Lay-By terms and conditions; and
c) The total amount paid under the Lay-Buy; and
d) Any amount owing to either the buyer or ourselves under the layby terms on the cancellation of the Lay-Buy. If we do not accept the buyer’s oral cancellation we are obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
Cancellation of Lay-Buy by ourselves
Under a Lay-Buy we must not cancel it unless –
a) The buyer breaches a term of the Lay-Buy; or
b) We stops trading; or
c) The products are no longer available
Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-Buy and we intend to cancel the Lay-Buy, before doing so we must –
a) Give the buyer notice of our intention to cancel the Lay-Buy; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-Buy;
* any amount owing to either the buyer or ourselves under the terms of the Lay-Buy on the cancellation of the Lay-Buy. The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or we agree not to cancel it.
Cancellation where business closes
If we, under a Lay-Buy agreement, propose to stop trading before the agreement is completed, we must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-Buy
Cancellation where products not available
If the products are no longer available, we must cancel the Lay-Buy and refund all monies to the buyer.
Effect of Cancellation
Subject to the above, when a Lay-Buy is cancelled by either party, we must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit us from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where we have breached a term of the Lay-Buy statement.
We shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
Banking Charges back Fees
We shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
We shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 1.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
We shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
We will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.