the person who buys or agrees to buy the goods from the Seller.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: the articles which the Buyer agrees to buy from the Seller.
Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller: means Berserker LTD, 11 Whitehills Drive, Blackpool FY4 5LW, UK and registered in England No.5351415.
Web Site: www.Berserker.co.uk
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or dispatch confirmation or any other document.
2.2 You may order Goods from the Website by submitting a completed order form through the check out procedure.
2.3 Placing an order for Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.5 After placing an order we will confirm receipt of your order by email to the address you have given. This will be an acknowledgement of receipt of your order and does not indicate a contract exists between us. We will indicate acceptance of your order and hence a contract between us will exist when we send you an email to indicate the Goods have been dispatched (“Dispatch Confirmation”).
2.6 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
2.7 Although every care is taken to ensure the accuracy and quality of our Website content, there may occasionally be an error and Goods may be mispriced. In this event we will either:
2.7.1 contact you to ask if you wish to cancel the order or cancel the order and notify you of the price change, at our own discretion. We are under no obligation to supply goods at the incorrect price.
2.8 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
2.9 By ordering products from the website, you confirm
a) You are at least 18 years old; and
b) You are legally capable of entering into a binding contract.
2.10 These Conditions may not be varied except by the written agreement of a director of the Seller.
2.11 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. The Price is inclusive of VAT.
All prices are in UK pounds sterling and include VAT
4.1 Payment of the Price shall be due at the time of order.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
4.3 Payment Method – We accept all major credit and debit cards via PayPal.
4.4 Any error appearing on the Website we may correct or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
The description and specification of goods in the Website is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those Goods. The quantity and description of the Goods shall be as set out in the Seller’s Dispatch Confirmation.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the Dispatch confirmation. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8.1 The Buyer shall be deemed to have accepted the Goods [48 hours] after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within [48 hours] of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8.4 Cancellations must be notified in writing at any time up to 14 days after your Goods have been delivered. The notification should state your order number and give the reason for cancellation. Costs that may have already been incurred are charged for and paid for under the seller’s normal payment terms.
8.5 If an order is cancelled after we have despatched the Goods, then you must return the Goods to us at the above address (Seller address in 1). The Goods should be returned in a reasonable condition and at your own expense. We recommend the use of a Recorded Delivery Service.
8.6 You can no longer cancel your order once you have opened the product containers or used the Goods. However, your statutory rights remain unaffected concerning the quality of those Goods.
Carriage will be chargeable on all sales under £15.00. This will be at the rate stated at time of order. Goods will only be sent to addresses in the UK.