1.B""Business Customer" means a customer who is not a Consumer
1.2 "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
1.3 "New Day" means also referred to as "we" or "us" in these terms and conditions.
1.4 "Catalogue" means the catalogue of products and services offered by New Day.
1.5 "Force Majeure" means any cause affecting the performance by New Day of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.6 "Normal Working Hours" means 9 am to 5 pm on a Working Day.
1.7 "Working days" means Monday to Friday, excluding Bank or other Public holidays.
1.8 Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.
2.1 a) The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
b) Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers 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 Consumer's statutory or contractual rights to reject faulty goods.
2.2 All orders are subject to acceptance and to availability of the goods ordered: New Day is entitled to refuse any order placed by you.
2.3 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 authorised 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.
3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
3.2 New Day reserves the right to modify the prices from time to time
4. Delivery, Title and Risk
Goods will be dispatched once payment has been received by New Day.
4.1 New Day shall use reasonable endeavours to despatch 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.
4.2 In the case of a Business Customer, if New Day is unable to deliver the goods within 60 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 New Day in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to New Day after the above date but before delivery of the goods or notification from New Day that the goods are ready for delivery. This Clause does not apply to Consumers.
4.3 In the case of Business Customers, New Day does not accept liability for shortages or damage to deliveries unless the Customer notifies New Day of the shortage or damage in writing within 2 days of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
4.4 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
4.5 Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
4.6 Title in the goods does not pass to the Customer until payment is received in full by New Day.
4.7 If the Customer cannot accept delivery, New Day 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 New Day may charge the Customer for the additional delivery costs incurred
4.8 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 New Day shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
4.9 Upon delivery of the goods, the Customer may 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. New Day shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
5.1 Payment is due on shipment unless a Customer has been approved for credit.
5.2 Payment may be made by Pay Pal, electronic cheque or bacs.
6. Product spec
6.1 New Day 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.
6.2 If New Day cannot supply the goods ordered by the Customer, New Day reserves 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 New Day in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
6.3 New Day has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are deemed acceptable before an item is accepted for replacement on grounds of fault.