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Terms & Conditions of Sale


COBA EUROPE LIMITED
WEBSITE TERMS AND CONDITIONS OF SALE

1. General
1.1. Your use of and purchase of products from this Website is governed by the terms and conditions set out below. COBA recommend you also read our Privacy Policy and Terms and Conditions of Website Use and Disclaimers. COBA may at any time make changes to this site and the details displayed on it (including prices). By using this Website and/or placing an order you agree to be bound by the terms and conditions set out below.

2. Definitions
2.1. In these terms and conditions:
COBA: means COBA Europe Limited (registered in England under number 5040377) whose registered office is at Marlborough Drive, Churchill Way Industrial Estate, Fleckney, Leicestershire, LE8 OUR;
Consumer: means a private individual who is not purchasing products from COBA in the course of a business;
Website: means the Website with the domain name www.cobaeurope.com;
You, your: means the individual, firm or company ordering goods on the Website;

3. Product information
3.1. COBA has made every effort to display as accurately as possible the colours of the products that appear on the Website. However, as the actual colours you see will depend on your monitor, COBA cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
3.2. All sizes and measurements are approximate, however COBA does make every effort to ensure they are as accurate as possible.
3.3. COBA will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. COBA reserve the right to refuse orders where product information has been mis-published including prices and promotions.
3.4. Goods are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before COBA accepts the order COBA will notify you as soon as possible and you will not be charged for the out of stock items.
3.5. COBA reserve the right to amend specifications without prior notice. Whilst COBA make every effort to describe the content and make up of all products, due to space restrictions, it may not be possible to include all details and therefore COBA strongly recommends that you read and understand the instructions and labels of each product before use, taking care to understand risks and warnings.

4. Ordering
4.1. All orders are subject to these terms and conditions. The display of products and prices on the Website does not constitute an offer to sell products to you but is an invitation to treat.
4.2. Once you have submitted your order COBA will send an order acknowledgement to you within 3 working days. Your order will not be accepted and a contract will not be formed between you and COBA until you have paid for your purchase in full.
4.3. We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
4.3.1. The product ordered being unavailable from stock.
4.3.2. Our inability to obtain authorisation of payment.
4.3.3. The identification of an error within the product information, including price or promotion.
4.4. If there are any problems with your order we shall contact you.
4.5. We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

5. Prices
5.1. All prices are ex works.
5.2. Prices exclude VAT, shipping charges and other taxes which, where applicable must be paid by you in addition to the price and which will be listed with the total cost of your order prior to check out. Although every effort will be made to maintain prices, fluctuations and the cost of raw material and labour, increase of postage and other delivery charges, and other circumstances may necessitate us altering prices without prior notice. You should always check our Website for any such amendments.

6. Method of Payment
6.1. COBA is entitled to take payment from you when it receives your order. If COBA is unable to supply the products a full refund will be given if you have already paid for the products. COBA reserves the right to alter the method of payment up to the date of despatch.
6.2. COBA will accept payment by debit or credit card payments accepted via MasterCard, Switch and Visa. All payments will be made in UK Sterling unless otherwise agreed by COBA..

7. Carriage and Delivery
7.1. Carriage will be charged at the rate indicated on the Website.
7.2. It is your responsibility to ensure that the import into your country of products COBA supplies to you does not breach any relevant legislation. You will be responsible for any import duties and other taxes and payments relating to such import. In certain circumstances, COBA will arrange for payment of any such import or export duties and reserves the right to reclaim such costs from you. If you are contracting as a Consumer, COBA will notify you of these costs prior to you placing your order on the Website.

8. Delivery Dates
8.1. COBA will endeavour to despatch the products within one week of receipt of your order.
8.2. Any date specified by COBA for delivery of products is intended to be an estimate and time for delivery shall not be of the essence. COBA shall have no liability for late delivery.

9. Risk and Title
9.1. Risk and ownership of products shall pass to you on delivery.

10. Liability
10.1. Where COBA is not the manufacturer of products, COBA will endeavour to transfer to you the benefit of any warranty or guarantee given to COBA.
10.2. If you are a Consumer COBA warrants that (subject to the other provisions of these terms and conditions) upon delivery and for a period of 3 months from the date of delivery the products shall be of satisfactory quality and fit for purpose within the meaning of the Sale of Goods Act 1979.
10.3. If you are not a Consumer, subject to the other provisions of these terms and conditions, COBA warrants that upon delivery and for a period of 3 months from the date of delivery the products will be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
10.4. If you are purchasing products from the Website and you are not a Consumer COBA shall not be liable for a breach of the warranty in condition 10.3 unless:
10.4.1. you give written notice of the defect to COBA within 14 days of delivery;
10.4.2. COBA is given a reasonable opportunity after receiving the notice of examining such products and (if asked to do so by COBA) you return such products to COBA at COBA’s cost for the examination to take place.
10.5. If any of the products do not conform with the warranties in conditions 10.2 and 10.3 COBA shall at its option replace such products (or the defective part) or refund the price of such products. This clause is subject to condition 10.11.
10.6. If you are not a Consumer and COBA complies with condition 10.5 COBA shall have no further liability for a breach of the warranty in condition 10.3 nor for any defect in respect of such products save as expressly accepted in these conditions.
10.7. If you are a Consumer and COBA complies with condition 10.5 COBA shall have no further liability for a breach of the warranty in condition 10.2 nor for any defect in respect of such products save as expressly accepted in these conditions.
10.8. If you are not a Consumer subject to the foregoing the following clauses 10.9, 10.10 and 10.11 set out the entire financial liability of COBA to you in respect of:
10.8.1. any breach of these terms and conditions;
10.8.2. any use made or resale by you of any of the products, or of any product incorporating any of the products; and
10.8.3. any representation, statement or tortious act or omission (including, but not limited to, negligence) arising under or in connection with any contract between us.
10.9. If you are not a Consumer all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by Section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from all contracts between COBA and you.
10.10. Whether you are a Consumer or a business customer nothing in these conditions excludes or limits the liability of COBA:
10.10.1. for death or personal injury caused by COBA’s negligence; or
10.10.2. for any matter in respect of which it would be illegal for COBA to exclude or attempt to exclude its liability; or
10.10.3. for fraud or fraudulent misrepresentation.
10.11. Whether you are a Consumer or a business customer subject to conditions 10.9 and 10.10:
10.11.1. COBA’s total liability in contract, tort (including but not limited to negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of any contract between COBA and you shall not exceed £5,000,000 and shall be in-accordance with the Company’s Product and Public Liability Insurance; and
10.11.2. COBA shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any contract between COBA and you.
10.12. Subject to and without prejudice to these terms and conditions COBA’s total liability for any direct loss shall be limited to the replacement or repair of the products.
10.13. If you are a Consumer nothing in these terms and conditions shall affect your statutory rights as a Consumer.

11. Your right to cancel the Contract
11.1. If you are a Consumer you have certain rights to cancel the contract to purchase products from us and, if you cancel, COBA will reimburse to you the price you paid. In order to exercise this right you must notify the Customer Services Manager in writing at COBA Europe Ltd, Customer Service Department, Marlborough Drive, Fleckney, Leicestershire, LE8 8UR or via email at cancel.order@cobaeurope.com no later than the eighth working day following receipt of the products that you are cancelling the contract. It is a term of your contract with COBA that, in the event of such cancellation, once COBA have received notification of cancellation COBA will issue an RMA collection reference and will advise how the goods are to be returned. No goods will be accepted until an RMA collection reference number has been issued. You are liable for the cost of returning the goods and if COBA collects the products you will be liable for the cost of such collection. COBA reserves the right to set off the cost of collecting the products from the price of the products that it will reimburse to you.

12. Force Majeure
12.1. COBA reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the products ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

13. General
13.1. If any provision of any contract between COBA and you is found by any court, tribunal or administrative body or competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidabilty, unenforceability or unreasonableness be deemed to be servable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
13.2. Failure or delay by COBA in enforcing or partially enforcing any provision of any contract shall not be construed as a waiver of any of its rights under that contract.
13.3. Any waiver by COBA of any breach of, or any default under, any provision of any contract shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of that contract.
13.4. It is not intended that any term of any contract between COBA and you shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.5. The formation, existence, construction, performance, validity and all aspects of any contract between you and COBA shall be governed by English law and the parties submit to the jurisdiction of the English courts.

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