Terms and Conditions of Sale

The following terms and conditions ("the Conditions") are the terms on which Menzies Client Solutions sells products and supersedes all other terms and conditions relating to the subject matter of these Conditions:

1 PRICE AND PAYMENT

1.1

The price (exclusive of VAT, if applicable, or any analogous sales tax, carriage, freight, postage or insurance costs) for the Goods ("the Price") shall be the price as stated on the list maintained by the Seller detailing prices of the Goods as amended by the Seller from time to time, or such other price as the parties may agree in writing.

2 ORDERING

2.1	Orders are subject to availability of goods at the time of ordering. In the event of an item being out of stock we will advise you by email or other contact details you provide. We will advise when the required item will be in stock and confirm that you still wish to proceed with the order.
2.2	With our extensive range of luggage, order processing is immediate. Orders placed over weekends or a public holiday period will be processed on the next available working day.
2.3	We aim to deliver goods within five working days.

3 PAYMENT

3.1	We accept payment via the following credit cards: Visa, Mastercard and via debit cards: Switch and Delta. For payment by cheque, please contact us on webshop@expressbaggage.com All prices shown are inclusive of Value Added Tax at the current rate of 17.5%.

4 SECURITY

4.1	Orders made through our website go via a secure ledger, which is protected by the Internet standard secure sockets layer (SSL) encryption. When you order is sent with your personal details for fulfilment, your details are scrambled (encrypted) so they cannot be read or intercepted on the way to us.
4.2	The system we use is considered even more secure than standard web server offerings as the machine that personal data is hosted on has no FTP connection capability.

5 GOODS

5.1	All Goods shall be required to conform to the specification in the order for Goods by the Buyer as accepted by the Seller's acknowledgement ("the Purchase Order") or as otherwise expressly agreed in writing.
5.2	Any order for Goods sent by the Buyer to the Seller shall only be accepted by means of the Seller's standard acknowledgement form and shall be deemed to be accepted subject to the Conditions contained herein.
5.3	Each order for Goods accepted by the Seller shall be deemed to be an individual legally binding contract between the parties.

6 DELIVERY

6.1	The Seller shall deliver the Goods to the Buyer at the address of the Buyer in the Purchase Order. Time shall not be of the essence for delivery.
6.2	The Buyer shall be deemed to have accepted the Goods upon their delivery.
6.3	All risk in the Goods shall pass to the Buyer upon delivery.
6.4	If the Seller is unable to deliver the Goods for reasons outside its control, the Seller shall be entitled, at the Buyer's expense, to place the Goods in storage until such time as the Goods may be delivered.
6.5	Delivery is free of charge within England, Wales, Scotland (exc. Highlands & Islands) and sent via Initial City Link.
6.6	Initial City Link delivery charges will apply for deliveries to Highlands, Islands and Northern Ireland. For details on these charges, please contact a us by email: webshop@expressbaggage.com or Freephone 0800 783 5591.

7 CANCELLATION OF YOUR ORDER, RETURNS OR REFUNDS

7.1	Should you wish to cancel your order, we can accept cancellation up to the time the goods are dispatched.
7.2	If the goods ordered are unsuitable, you can cancel your order within 14 days from receipt of the item and a full refund will be given. Delivery charges for deliveries to Highlands, Islands and Northern Ireland will not be refunded. Goods returned must be unused and dispatched to us with the original manufacturers packaging and suitably protected.
7.3	Cost of postage or delivery returns is the customer's responsibility and return postage costs are not included in the refund. Goods sent non carriage paid will be refused.
7.4	Faulty or goods damaged in transit will be exchanged or your money refunded. We will arrange for the goods to be collected or exchanged.
7.5	Please advise us within 7 days of delivery by email: webshop@expressbaggage.com or Freephone 0800 783 5591 before returning your order.

8 TITLE TO GOODS

8.1	The Seller warrants that it has good title to the Goods and that it will transfer title in the Goods to the Buyer pursuant to Clause 4.2.
8.2	Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods. Nothing in this Clause shall prevent the Seller from raising an action against the Buyer for payment of the Goods.

9 DAMAGE IN TRANSIT

9.1	Upon serving notice within 24 hours of delivery to the Seller, the Buyer shall be entitled to replacement Goods if the Seller is reasonably satisfied that the Goods have been damaged during transportation.

10 GUARANTEE

10.1	Where the goods have been manufactured by the Seller and are found to be defective, the Seller shall repair or in its sole discretion, replace defective Goods free of charge upon the following conditions:
	10.1.1	The Buyer giving notice of the defect within 5 days of the defect coming to the Buyer's attention;
	10.1.2	such notice being served within 90 days of delivery;
	10.1.3	the defect being due to the Seller's faulty design, workmanship or materials; and
	10.1.4	the defect not having arisen from the Buyer's failure to comply with the Seller's oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice.
10.2	Any Goods to be repaired or replaced under Clause 6.1 shall be delivered to the Seller at the Buyer's expense.
10.3	Where the Goods have been manufactured and supplied to the Buyer by a third party the Seller shall where possible pass on to the Buyer the benefit of any warranty in respect of the Goods granted to the Seller by such third party.

11 LIMITATION OF LIABILITY

11.1	Subject to the Seller's liability under Clause 4 and subject to Clause 8 the Seller shall not be liable to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.
11.2	Subject to this Clause 7 and Clause 8 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, the Seller grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
11.3	Subject to Clause 8 the liability of the Seller under this Agreement howsoever arising shall not exceed the Price.

12 PRIVACY POLICY

12.1	We are committed to protecting your privacy. All personal information submitted to place an order is treated with highest level of confidentiality. Personal information will not be disclosed to a third party, nor is it ever traded to other parties.
12.2	We will contact you periodically to update you on special offers and new product ranges. In our mailings we will give you the opportunity to opt-out from any future mailings.

13 GENERAL

13.1	Nothing in these Conditions shall be construed so as to exclude or limit the liability of the Seller for breach of the warranties contained in Clause 4 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between the Seller and the Buyer for the sale and purchase of the Goods incorporating these Conditions.
13.2	Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's fraudulent misrepresentation, negligent actions or those of its employees or agents.

14 GOVERNING LAW AND JURISDICTION

14.1	This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.