THESE TERMS AND CONDITIONS ARE STRUCTURED IN SECTIONS
You MUST READ FIRST – SECTION I. GENERAL TERMS OF USE before you read any other sections. Section I. apply to each section.
YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SECTION OF OUR WEBSITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
I. WHO WE ARE AND WHAT ARE IN THESE TERMS OF USE?
BEST SEARCH LIST is the main website (Website) accessible from www.bestsearchlist.com. We have subdomains with different Terms and Conditions (Terms of use) for different purposes. This website is operated by GG Sole Trader (We or Us) address 34 Prince Road, London, UK, SE25 6NW.
II. Definitions
“The Trader” or “The Seller” means person, agency, firm or company selling the Goods to the Buyer;
“The Buyer” means the person, firm or company ordering or buying the Goods from the Trader;
“The Goods” means the goods or accessories, excluding SIM cards, the subject matter of the relevant order or Agreement for sale.
“Agreement” The agreement for the provision of Goods by the Trader to the Buyer under these Terms of use.
III. We are NOT a Selling or Buying Sole Trader or Selling or Buying Agency. We are the providers of the Website only. All Goods and details of the Goods are displayed by our Members (which include Business Owners, Agencies, Sole Traders or persons and they are referred to as “The Trader” or “The Seller”) for you to view and purchase if you want them.
IV. If you have any issue with the delivery of the Goods you have to deal directly with “The Trader”;
V. Promotions and special offers
V.1. Promotions or special offers can be withdrawn or changed by “The Trader” at any time.
V.2. Promotional discount codes validity
V.2.1. Promotion codes are valid only for orders placed online on this website.
V.2.2. Only one promotion code can be used per order.
V.2.3. Promotion codes are not valid in conjunction with any other promotion on this website.
V.2.4. Codes are not valid on very small packages unless otherwise stated. Other individual exclusions may apply also.
V.2.5. Codes are only valid for the specified value or offer, discount, and are only valid for the specified period, or until further notice. Other individual exclusions may apply also.
V.2.6. “The Trader” reserves the right to withdraw or change promotion codes at any time.
VI. Basis of Sale of Goods
VI.1. These Terms of use apply to the sale of Goods entered into by the Trader. By placing a Purchase Order with the Trader or by way of a written acceptance of any quotation, the Buyer agrees to deal with the Trader on these Terms of use and to the exclusion of all other Terms and Conditions which the Buyer purports to apply.
VI.2. No agreement in respect of the Goods between the Trader and the Buyer shall exist until the Buyer’s order has been accepted by the Trader. The Trader may accept the Buyer’s order by formal order acknowledgement.
VI.3. The Buyer is responsible for the accuracy of Purchase Orders, and the Buyer will be liable for any additional costs incurred by the Trader for such errors.
VI.4. The Buyer can only cancel an order (or any part of an order) that the Trader has already accepted, with the Trader’s agreement before dispatch and the Buyer must request proof from the Trader by written confirmation of the cancellation.
VI.5. Any typographical, clerical or other error or omission in any sales literature inclusive of quotation, price list, invoice or any other document issued by the Trader shall be subject to correction without liability.
VII. Price / Quotation / Price Lists
VII.1. Quoted prices or Price Lists (for many items) will include the cost of packaging as discussed or stated at the point of sale but will exclude delivery, insurance and VAT, if applicable.
VII.2. The Trader reserves the right to amend its quoted prices at any time before the date of dispatch to reflect any additional cost to the Trader beyond its control.
VII.3. The Buyer is wholly responsible to pay for any customs tariffs or similar charges.
VII.4. Where a price is quoted in a currency other than USA Dollars, the Trader reserves the right to modify the amount quoted in respect of exchange rate movements, up to the point of dispatch.
VIII. Delivery of Goods, Risk & Performance
VIII.1. Any dates quoted for the delivery of Goods are approximate only and in which case the Trader shall not be liable whatsoever for any delay (whether caused by the negligence of any employees, agents, post offices or otherwise) in delivery of Goods. SpecThe specific delivery should be agreed prior upon to dispatch in writing between the Trader and the Buyer.
VIII.2. Should delivery be suspended at the request of, or delayed through any default of, the Buyer for any period the Trader shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
VIII.3. The Trader may deliver the Goods in separate instalments. Each instalment shall be a separate agreement and no cancellation or termination of any one agreement relating to an instalment shall entitle the Buyer to repudiate or cancel any other agreement or instalment.
VIII.4. If for any reason the Buyer fails to accept delivery of any of the Goods when they are delivered on behalf of the Trader, or the Trader is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorisations, additional charges that apply (example storage) to the Goods shall pass to the Buyer.
VIII.5. Any liability of the Trader for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the Agreement rate against any invoice raised for such Goods.
VIII.6. Whilst the Trader will use its best endeavours to deliver the Goods under the Buyer’s requirements, the Trader will not be liable for any consequences of late delivery howsoever caused.
VIII.7. The Buyer shall ensure that the Goods are inspected on delivery or collection and if the Goods are damaged or not of the entire quantity then it is the responsibility of the Buyer to notify the Trader within two working days of receipt of Goods to log-in such claims in the Trader’s delivery documents, if claims are made outside of this timeframe then the Trader will not be held liable.
IX. Payment and Credit to the Trader
IX.1. The Trader reserves at all times the right to refuse, at its absolute discretion, to supply Goods on credit or otherwise to the Buyer and shall not be required to provide any reason for the refusal to supply such Goods.
IX.2. If granted credit, the Buyer will be given payment terms at the absolute discretion of the Trader.
IX.3. If payment is not made in full according to these terms, the Trader will withhold any amounts due to the Buyer against this debt, including the commission due.
IX.4. The Trader reserves it right to apply interest on overdue amounts at the annual rate of 2% above the Bank of England base rate from time to time, accruing daily until payment is made, whether before or after any judgment.
IX.5. The Trader reserves its right to take action to recover the overdue debt due from the Buyer to the Trader. Core reserves the right to apply the reasonable costs or interest incurred in recovering overdue monies, to the outstanding debt.
IX.6. All payments may be made by the methods advised to the Buyer at the time of ordering.
X. Passing of Property from the Trader to the Buyer
X.1. Title of the Goods shall remain with the Trader and not pass to the Buyer (who shall, subject to the Conditions stated, be entitled to resell them as principal only, in the ordinary way to make business) until the Trader has received in cash or cleared funds payment in full of the price of the Goods and of all other debts for any other goods or services owed to it by the Buyer on any account. Until the title passes:
X.2. The Buyer shall hold the Goods as bailee for the Trader, insure them with a reputable insurer against loss or damage for their full replacement value (and at the Trader’s request provide evidence as to the existence of and sufficiency of such insurance), ensure that goods are not defaced, destroyed or obscure any unpaid goods and to maintain them in a satisfactory condition, and ensure that they are at all times identified as the Trader’s property;
X.3. The Trader shall be entitled at any time on demand.
X.4. Repossess or remove (without being liable for any damage thereby occasioned) and sell all or any of the Goods and thereby terminate (without any liability to the Buyer) the Buyer’s right to use or sell them, and
X.5. Enter any premises or stores where the Goods are located to inspect or repossess them.
X.6. The Trader shall, without prejudice to any other remedy, be entitled to maintain an action for the price of the Goods although the title in them has not passed to the Buyer.
X.7. The Trader transfers to the Buyer only such title and rights of use as the Trader has in any goods and the case of material provided by any third party shall transfer only such title and rights as that party had and has transferred to the Trader.
XI. Return of Goods to the Trader
XI.1. It is the responsibility of the Buyer to ensure that any Goods returned to the Trader have been authorized by the Trader by prior arrangement. The Trader will issue a Returns Authorisation Number and Name of the Goods which the Buyer should mark on the packaging before return.
XI.2. All Goods returned should be in very good condition and fit for sale on their return as they were on their delivery or the Trader has the right to reject their return.
XI.3. Non-defective, undamaged goods will only be accepted back where they have not been supplied to order from the Buyer.
XI.4. In respect of any Goods supplied by the Trader but manufactured by third parties, the benefit of any warranties or guarantees given to the Trader by such manufacturer or suppliers will wherever practicable be passed to the Buyer subject to the conditions upon which they were given.
XII. Limitation of Liability
XII.1. The Trader shall not be liable under any circumstances for any special, consequential, incidental, punitive or exemplary damages arising out of or in any way connected with the agreement to sell the Goods to the Buyer or the Goods, including but not limited to, damages for lost profits, loss of business, depletion of goodwill, loss of use, loss of data or for any damages or amounts paid by the Buyer to third parties, even if the Trader has been advised of the possibility of such damages.
XII.2. The foregoing limitation of liability shall apply whether any claim is based on principles of agreement, warranty, negligence or other torts, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
XIII. Force Majeure
XIII.1. Without prejudice to the generality of any of the foregoing Conditions the Trader shall not be liable for any loss or damage caused by the non-performance or in the delay of its performance of any of its obligations hereunder if the same is occasioned by any cause whatsoever which is beyond the Trader’s reasonable control, including but not limited to war, civil disturbance, import or export regulations, requisitioning, strike, lockout or trade dispute, difficulties in obtaining materials, breakdown of machinery, acts of God, fire or accident should any such event occur the Trader may cancel or suspend the agreement without incurring any liability for any loss or damage thereby occasioned.
XIV. Alterations and Modifications of the Goods
XIV.1. The Trader may carry out at any time without notice to the Buyer alterations or improvements in construction or design, specification, materials, delivery process or manner of manufacture of the Goods.
XIV.2. These Conditions are subject to change at any time without prior notification to the customer, however, updates will be provided by the Trader on request from the Buyer.
XV. Severance of the agreement
XV.1. If any provision of these Conditions is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required. Be deemed not to form part of this Agreement, and the validity and enforceability of the other provision of this Agreement shall not be affected.
XV.2. If a provision of this Agreement (or part of the provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
XVI. Governing Law and Jurisdiction
XVI.1. The Agreement shall be governed by English law and the parties consent to the exclusive jurisdiction of the English courts in all matters connected with the Agreement.
XVI.2. The headings of conditions are for convenience of reference only and shall not affect their interpretation of Goods.
XVII. Copyrights, Intellectual Property and Confidentiality
XVII.1. Nothing in these Conditions conveys the Buyer any right to use or recreate the Core or any other Brand of the Trader associated with the Goods other than within the packaging provided.
XVII.2. The Buyer warrants that it will not repackage the Goods unless agreed, in writing, with Core or the Trader.
XVII.3. Both parties (the Trader and the Buyer) agree not to share any confidential information with any other party unless required by law.
XVIII. Rights of Third Party
XVIII.1. A person who is not a party to these Terms of Use shall not have any rights under or in connection with it under the Agreement (Right of Third parties).
XIX. No Partnership or Agency
XIX.1. Nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.
XX. Assignment to the parties
XX.1. These Terms of Use are personal to the parties and no party shall, without the prior written consent of the other party, attempt to assign any rights or obligations under or arising out of these Terms of use.