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Terms & Conditions of Sale

 

1. Definitions


1.1 "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 “Customer” includes both “"Business Customer" and "Consumer" and “you” 
1.4 "DeerHunter" means DeerHunter Limited, Registered in England and Wales (Reg no 5101708), whose registered office in Building 75, Whitehill & Bordon Enterprise Park, Budds Lane, Bordon, GU35 0JE, UK; also referred to as "we" or "us" in these terms and conditions. 
1.5 "catalogue" means the catalogue of products and services offered by DeerHunter. 
1.6 "Force Majeure" means any cause affecting the performance by DeerHunter 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. 
1.7 "Normal Working Hours" means 9 am to 5 pm on a Working Day. 
1.8 "Working days" means Monday to Friday, excluding Bank or other Public holidays. 
1.9 Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Consumers are referered to Clause 13. 


2. General


2.1 All orders for products and services on the DeerHunter web site are accepted by DeerHunter Limited ('DeerHunter') subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by DeerHunter unless agreed in writing by an authorised signatory of DeerHunter. 
2.2 All descriptions of the products and services contained on the DeerHunter website or otherwise communicated to the Customer are Approx.imate only and shall not form any part of the contract between DeerHunter and the Customer. DeerHunter may correct any errors in its website without liability to the Customer. The advertising of products and services in the DeerHunter website merely constitutes an invitation by DeerHunter for the Customer to make an offer to purchase products and services 
2.3 DeerHunter website is intended for sales to the United Kingdom and Ireland only. These terms and conditions do not apply to transactions carried outside these territories with, to which separate terms and conditions of sale apply. 
2.4 Please note, DeerHunter may record and / or monitor inbound and outbound calls and electronic traffic for training purposes. 

3. Orders


3.1 All contracts of sale made by DeerHunter shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom DeerHunter is dealing. Cancellation of orders by business to business customers is not accepted. 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. 
3.2 All orders are subject to acceptance and to availability of the goods ordered: DeerHunter reserves the right to decline to trade with any company or person. In addition, DeerHunter may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by DeerHunter of the order. 
3.3 You undertake that:   
3.4 Please note, DeerHunter may record and / or monitor inbound and outbound calls and electronic traffic for training purposes. 

4. Prices


4.1 Goods and services, are invoiced at the price prevailing at time of order. 
4.2 Prices are quoted in British Pounds (GBP) and 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 
4.3 DeerHunter reserves the right to modify the prices from time to time. 

5. Delivery, Title and Risk


5.1 Unless otherwise agreed in writing by the Seller, the Seller shall deliver the Goods by the means most convenient to the Seller to the address or addresses specified by the Buyer at the time of placing his order or (in the event that the Buyer fails so to specify an address) to any address at which the Buyer resides or carries on business. The Seller shall be entitled to add to the contract price a reasonable charge for packaging and delivery. Off-loading shall be at the Buyer's expense and the Buyer shall provide appropriate equipment and manual labour for such off-loading. The Buyer shall provide all requisite instructions, documents, licences and authorisations required for or relevant to the delivery of the Goods and/or the Services to enable delivery to take place. The Seller shall not be liable for any failure or delay in delivery as a result of the Buyer failing to comply with this condition or any other condition. 
5.2 If the Contract requires the Buyer to take delivery of the Goods at the Seller's premises the Seller shall notify the Buyer of the collection date (being the date on which the Goods are or will be ready for delivery) and the Buyer shall take delivery of the Goods within 7 days of the collection date. Loading of the Goods shall be at the Buyer's expense. 
5.3 Should the Seller be delayed in or prevented from making delivery of the Goods or carrying out the Services due to any cause whatsoever beyond the reasonable control of the Seller the Seller shall be at liberty to terminate the Contract or suspend the order placed by the Buyer without incurring any liability for any loss or damage arising therefrom, but without prejudice in any such case to rights accrued to the Seller in respect of deliveries already made. 
5.4 While the Seller will endeavour to deliver the Goods or complete the Services by any date or within any period agreed upon, such dates and periods are estimates only given in good faith and the Seller will not be liable for any failure to deliver the Goods or carry out the Services by such a date or within such a period. Time for delivery shall not be of the essence of the Contract. Moreover, the Seller shall be entitled to defer delivery until any monies due from the Buyer have been received. 
5.5 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalment shall not entitle the Buyer to treat the Contract as a whole as repudiated. 
5.6 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may at its option; (i) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or; (ii) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. The Buyer shall pay such shortfall to the Seller within 28 days of the date of the Seller's demand therefor.
5.7 If no person is available at the Buyer’s address to take delivery and the products cannot be posted through a letterbox, the Seller or its agent shall leave instructions informing the Buyer of how to rearrange delivery or collect the products from a local branch. If the Buyer does not collect the products from the Seller as arranged or if, after a failed delivery to the Buyer, the Buyer does not re-arrange delivery or collect them from a delivery branch, the Seller shall contact the Buyer for further instructions and may charge the Buyer for storage costs and any further delivery costs. If, despite the Seller’s reasonable efforts, the Seller is unable to contact the Buyer or re-arrange delivery or collection, the Seller may terminate the Contract. 
5.8 Any liability of the Seller for non-delivery of the Goods shall be limited to replacing within a reasonable time, or issuing a credit note against any invoice raised for, any such Goods that were not delivered.
5.9 All deliveries by the seller will be carried out by third party agents and as such any liability for damage or loss to property during any such delivery should be communicated to the seller and the distributing agent as soon as any perceived loss has arisen.
5.10 For courier shipments only: 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. DeerHunter shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment. 
5.11 Where the Customer requests goods to be sent by Royal Mail or expressly instructs DeerHunter to leave goods without requiring DeerHunter to obtain a Proof of Delivery, delivery shall be deemed to have been successfully completed on despatch by DeerHunter 
5.12 Free Delivery is available only for orders between £10 and £15. Within this price range free delivery is only available for orders which have a total weight of less than 2KG. 


6. Payment


6.1 Payment is due on shipment unless a Customer has been approved for credit. DeerHunter's standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing. 
6.2 Payment may be made by BACS transfer, cash, cheque, Visa, MasterCard, Solo and Maestro. Handling charges for cash payments may apply. If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy: All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and DeerHunter may apply a compensation charge to the Customer of £40 for outstanding sums up to £999.99: £70 for outstanding sums between £1,000 and £9,999.99 and £100 for outstanding sums of £10,000 or more. DeerHunter may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive, compounded monthly. 
6.3 Should DeerHunter need to take legal recourse to recover the funds due to it, any legal costs the former may incur as a result of breach of this agreement (including non-payment) will be payable by the customer. 


7. Product specifications


7.1 DeerHunter 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 dimensions are critical to the application and use of product customer is advised to get them confirmed in writing by fax or e-mail from us. 
7.2 DeerHunter has made every effort to ensure that the colours of the products are displayed online as accurately as possible. However since presentation of colour varies with type of monitor settings and slightly from batch to batch during production, DeerHunter can not guarantee that the colours accurately reflect the colour of the product on delivery. Customers are strongly advised to ask for samples before ordering to ascertain suitability DeerHunter will take every care and effort to ensure that product descriptions, sizes and prices are displayed correctly at the time of entering the relevant information onto the system. However, DeerHunter reserves the right to refuse any orders where the information/sizes and prices are published incorrectly (this includes promotions). 
7.3 If DeerHunter cannot supply the goods ordered by the Customer, DeerHunter 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 DeerHunter in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances. 
7.4 DeerHunter 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. All commercial rubber products unless specified (Including flooring products) are made to a ±5% manufacturing tolerance. Precision made molded products are generally made to a ISO 3302 M3 C tolerance , extruded products to BS 3715 E2 tolerance and sponge products to BS 3715 E3 tolerance
7.5 Each user bears the full responsibility for making its own determination as to the suitability of DeerHunter´s materials, products, services, recommendations or advice for its own particular purpose. Each user must identify and perform tests and analyses sufficient to assure it that its finished parts will be safe and suitable for use under end-use conditions. Because actual use of products by the user is beyond the control of DeerHunter, such use is within the exclusive responsibility of the user, and DeerHunter cannot be held responsible for any loss incurred through incorrect or faulty use of the products. Further, no statement contained herein concerning a possible or suggested use of any material, product, service or design is intended or should be construed to grant any license under any patent or other intellectual property right of DeerHunter or any of its subsidiaries or affiliated companies, or as a recommendation for the use of such material, product, service or design in the infringement of any patent or other intellectual property right.


8. Trade names & Trade Marks and Rights


8.1 Trade names and marks (other than DeerHunter'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. 
8.2 DeerHunter acknowledges the intellectual property rights of suppliers and manufacturers of the products appearing DeerHunter’s sales literature and on DeerHunter’s website. The Customer acknowledges that DeerHunter and its licensors own the intellectual property rights in the catalogues, the website content and the stock numbers, and that their whole or partial reproduction without DeerHunter's prior written consent is prohibited. 

9. Warranties & Returns


Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 9. Customers who are Consumers are referered to Clause 14. 
9.1 DeerHunter 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. 
9.2 If you are not a Consumer, subject to the other provisions of these terms and conditions, DeerHunter 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 Sales of Goods Act 1979. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of DeerHunter. 
9.3 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. 
9.4 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), DeerHunter does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts. Such goods are not returnable and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and DeerHunter can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement. 
9.5 In the event that DeerHunter, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with DeerHunter's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 25% re-stocking fee of DeerHunter's sale price for the goods in addition to two way carriage costs (subject to a minimum of £10). Please ensure that the product(s) you have purchased are to your specification prior to breaking the manufacturers seals. This will avoid disappointment and the product(s) being rejected, should you wish to return them. 
9.6 No contract shall be cancelled once accepted by DeerHunter nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of DeerHunter and on terms to be determined at the absolute discretion of DeerHunter.   


10. DeerHunter's liability


10.1 In its dealings with Business Customers, DeerHunter shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Subject to and without prejudice DeerHunter's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order. 
10.2 Nothing in this agreement shall limit DeerHunter's liability for death or personal injury caused by its negligence. 


11. Health & Safety


11.1 DeerHunter confirms that the goods it supplies as a distributor do not present a hazard to health and safety   


12. Force Majeure


12.1 DeerHunter shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of DeerHunter's obligations in respect of the Goods, if the delay or failure was due to any cause beyond DeerHunter's reasonable control (force majeure). Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond DeerHunter's reasonable control:   
12.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full or cancel the whole or any part of these terms and conditions of sale, without any liability to the Business Customer or consumer 


13. Reduced price offer & Liquidation Products


13.1 Goods sold on "Reduced price offer" or "Liquidation Stock" are downgraded goods that DeerHunter is able to offer at a discount on the normal catalogue price. Stocks of goods offered as above are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of DeerHunter's other terms and conditions, except those terms and conditions specifically covering Consumers. 
13.2 Upon receipt of an order, DeerHunter will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer. 
13.3 All goods sold by DeerHunter as Reduced price offer & Liquidation Products are sold subject to the following special rules that apply in addition to DeerHunter's other terms and conditions. 
13.4 Products are non-returnable unless we have made an error or the goods are faulty; 
13.5 Prices are not subject to value, cash or volume discounts. 

Any questions, please feel free to contact us at email sales@cndeerhunter.com or +86-13823789007

Add:NO. 4 Huasheng Road, Yingtai Industrial Zone, Dalang Street, Longhua District, Shenzhen, Guangdong, China   P.O.:518109
Mobile:+86-13823789007    Email:sales@cndeerhunter.com