Terms and conditions

Terms and Conditions

1. Definitions

(1) "Customer" means an individual who purchases the product from seller. 
(2) "crackadeal.co.uk” also referred to as "seller","we" or "us" in these terms and conditions. 
(3) "Online Catalogue" means the catalogue of products and services offered on www.crackadeal.co.uk.
(4) "Normal Working Hours" means 9 am to 5 pm on a Working Day. 
(5) "Working days" means Monday to Friday, excluding Bank or other Public holidays.

2. Orders

(1) All contracts of sale made by crackadeal shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom crackadeal is dealing. Cancellation of orders by Customers will be accepted in accordance with the Consumer Protection Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Customer's statutory or contractual rights to reject faulty goods. Please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.

(2) All orders are subject to acceptance and to availability of the goods ordered: crackadeal.co.uk is entitled to refuse any order placed by you. Please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.

(3) Products images advertised on www.crackadeal.co.uk may be different from actual product.
You undertake that: 
(a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and 
(b) The credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. 

(4) Please note, crackadeal may record and / or monitor inbound and outbound calls and electronic traffic for training purposes. 

3. Prices

(1) Goods and services, together with VAT, are invoiced at the price prevailing at time of order. crackadeal reserves the right to modify the prices from time to time. 

4. Delivery, Title and Risk

(1) crackadeal shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.

(2) If crackadeal is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to crackadeal in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to crackadeal after the above date but before delivery of the goods or notification from crackadeal that the goods are ready for delivery.

(3) crackadeal does not accept liability for shortages or damage to deliveries unless the Customer notifies crackadeal of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware. 

(4) Title in the goods does not pass to the Customer until payment is received in full by crackadeal.

(5) If the Customer cannot accept delivery, crackadeal may at its option:
(a) store and insure the goods at the Customer's expense and risk or
(b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) Re-arrange delivery provided that crackadeal may charge the Customer for the additional delivery costs incurred. 

(6) The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and crackadeal shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed. 

(7) Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Crackadeal.co.uk shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

 

(8) Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery.

 

(9) The company will not accept any liability for damages to property caused during delivery.

 

(10) If the company driver cannot gain access to the delivery address then customer may incur additional costs. Deliveries are made using large vehicles and it is the customer’s responsibility to inform the company if there may be an access problem.

 

(11) Delivery vehicles use tail lift offloading, and it must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made. For big bulk orders A pallet trolley is used to manoeuvre the products off the tail lift to the kerbside delivery point, the trolley can only be manoeuvred on a smooth level surface such as concrete, tarmac or paving (not gravel).


5. Payment

(1) All orders are subject to acceptance and to availability of the goods ordered: crackadeal is entitled to refuse any order placed by you. Please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.

(2) Products images advertised on www.crackadeal.co.uk may be different from actual product.
You undertake that: 
(a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and 
(b) The credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

(3) Please note, crackadeal may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.


6. Product specifications

(1) crackadeal makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.

(2) If crackadeal for some reason cannot supply the goods ordered by the Customer, crackadeal serves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to crackadeal in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

(3) Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of
(a) Placing a new order at the correct price for those goods;
(b) Cancelling the whole of your order; or
(c) your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions a,b or c stated under Condition Number (3) Of product specifications above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and crackadeal will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.

7. Trade names and Trade Marks

(1) Trade names and marks (other than crackadeal's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products. 

(2) In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with crackadeal the identity of the manufacturer of component it is proposed to purchase. 

8. Warranties and Returns

(1) crackadeal is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.

(2) Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and crackadeal can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.

(3) In the event that crackadeal agrees to accept the return for credit of unwanted products, the goods must be returned with crackadeal prior written agreement within 7 days of delivery. The goods must be unopened (if boxed) and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 20% of crackadeal's sale price for the goods, or £20, whichever is the greater.

(4) Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 7 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service. 

(a) crackadeal's technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Customer Returns, crackadeal, 50 Salisbury Rd Vista Business Center

Hounslow, Middlesex

TW4 6JQ. 

(b) All returned goods must be accompanied by contacting Customer Support on customerservice@crackadeal.co.uk. 

(c) crackadeal cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage. 

(d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value. 

(e) On receipt of the returned product, we will test it to identify the fault you have notified to us. 

(f) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. 

9. Health and Safety 

(1) crackadeal take no responsibility of customer mishandling the products causing health and safety issues.
(2) It is customer responsibility to follow manufacturers product health and safety guide which can be obtained on manufacturers website.


10. Returns Policy 

(1) Contracts for the purchase of goods by a Customer made through the crackadeal website, or by mail order, are, with the exception of certain excepted contracts. 

(2) Customers may cancel goods purchased from crackadeal by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at crackadeal, 2, Woodberry Grove
Finchley
London
Hounslow
N12 0DR

, or by e-mail to rma@crackadeal.co.uk. This email address is being protected from spam bots, you need Javascript enabled to view it .

(3) The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods. 

(4) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to crackadeal, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.

(5) The Customer is under a duty to retain possession of the goods whilst awaiting return to crackadeal and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation. 

11. Errors and Omissions

(1) crackadeal makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e- commerce makes it inevitable that mistakes will occasionally occur. In the case of any error or omission, crackadeal will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. crackadeal's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by crackadeal after the manifest error has been discovered.

(2) A 'manifest error', as the term is used in sub-paragraph above, means, in relation to an incorrect price, a price quoted in error by crackadeal which is more than 10% less than the price that would have been quoted had the mistake not been made.

12 .General

(1) Nothing in these terms and conditions affects your statutory rights as a Consumer. 

(2) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions. 

(3) Any waiver of a breach of this Agreement must be in writing.

(4) Any variation of this Agreement must be in writing and signed by a duly authorised crackadeal official.

(5) The headings are for convenience only and shall not affect the interpretation of this Agreement.

(6) Any notices given under this Agreement shall be in writing and sent (a) by first class pre- paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party. 

(7) These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts. 

(8) crackadeal may at its discretion record telephone transactions for staff training and quality control purposes.

(9) All contracts of sale made by crackadeal shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom crackadeal is dealing. Cancellation of orders by Customers will be accepted in accordance with the Consumer Protection Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Customer's statutory or contractual rights to reject faulty goods. Please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.

 

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