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Terms & Conditions

This page (together with the documents referred to on it) tells You the terms and conditions on which We supply any of the products (Products) listed on Our Website www.officeproducts.co.uk (our site) to You. Please read these terms and conditions carefully before ordering any Products from Our site. You should understand that by ordering any of Our Products, You agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if You refuse to accept these terms and conditions, You will not be able to order any Products from Our site.

1.Definitions and interpretations

"We/ Us/ Our" means Banner Group Limited operated a site, www.officeproducts.co.uk. We are registered in England and Wales under company number 05510758 and our registered office at 1st Floor, 1 Europa Drive, Sheffield, S9 1XT. Our main trading address is Newland House, Tuscany Park, Express Way, Normanton, WF6 2TZ.

'Business' means person over the age of 18, firm, company or organisation operating and trading in a Serviced Country purchasing Products in the course of business to be delivered within the Serviced Country;

'Consumer' means a person permanently residing in a Served Country, buying Goods as a consumer to be delivered within a Serviced Country;

'Contract' means legally binding contract between Us and You as described at 15.1;

'Dispatch Confirmation' means confirmation of Products being dispatched as set out at 15.1;

'Product' means goods supplied by the Supplier as set out on the Site as amended or updated by the Supplier from time to time

'Site' means www.officeproducts.co.uk;

'Serviced Country' means England, Scotland and Wales;

'You' means a Consumer in Part 1 of this Agreement, means and Business in Part 2 of this Agreement and means a Consumer and Business in Part 3 of this Agreement.

1. Part 1 of these terms and conditions will apply to Consumers only, Part 2 of these terms and conditions will apply to Businesses only and Part 3 will apply to Consumers and Businesses, collectively referred to as You.

2. PART 1 - CONSUMER ONLY TERMS AND CONDITIONS

1. This Part 1 will apply to consumers only and are in addition to the remainder terms and conditions as set out at part 3. If there are any inconsistencies between part 1 and part 3 of these terms, part 1 will prevail.

3. Termination (cooling off period)

1. A consumer purchasing Products, may cancel a Contract at any time for any reason within 14 days, beginning on the day after You received the Products.

2. To cancel a Contract, You must inform Us in writing (email or post) or by telephone (see Contact Us page). You must also return the Product(s) to Us immediately, in the same condition in which they were received, and at Your own cost and risk.

3. As a Consumer You have a legal obligation to take reasonable care of the Products while they are in Your possession. If You fail to comply with this obligation, We may have a right of action against You for compensation.

4. Details of Your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect Your statutory rights as a consumer.

5. We can at Our discretion, withhold refunds until Products are returned (or evidence of return is provided). We also have the discretion to reduce the amount of money refunded for Products returned which show evidence of Use beyond the handling necessary.

6. We will refund the Contract price (including delivery charges) within 14 days of the earlier date of when the rejected Product is received by Us, or from the date evidence of return is received by Us.

4. Refund payment

1. All refunds set out in the terms of this Agreement will be processed by Us using the same method originally used by You to pay for your purchase.

5. Shortages and Missing Deliveries

1. If You receive an incomplete delivery You must notify Us within 14 days following receipt of the delivery. Following notification, We will investigate and respond within 3 working days.

2. If You do not receive your delivery on the delivery estimate date, you must notify Us immediately, in any event You must notify us no later than 14 days from the date of order confirmation.

3. Parcel Tracking - We pride ourselves on a streamline service when delivering parcels, but also appreciate things cannot always run to plan sometimes. All parcels are tracked through our system with over 90% of orders requiring a separate pick and validation before shipment to avoid short shipments. Parcels and vehicles are tracked across our network and in the event of an item not being received as expected we have the ability to log a tracer report with the network or driver concerned - Tracers can take up to 72 hours to complete.

6. Defective Products

1. Where You have received a Product that is defective, You must notify Us by telephone or email within 30 days from the date that the Product is delivered. You can find out Our contact details in the contact Us section of the Site. Following notification the You may:

a) request a full refund; or

b) request that the Product is replaced.

2. Where You have requested a full refund in accordance with clause 6.1 the contract price will be refunded to You in full within 5 Working days of You returning the defective Product to Us. The refund will include a refund of the delivery charges for sending the item to You.

3. Where You have requested for the defective product to be replaced in accordance with clause 6.1, We will arrange for collection and shall arrange for a replacement Product to be dispatched to You within 5 working days of collection.

7. Wrong Products delivered

1. Where You have received delivery of an incorrect or wrong Product You must notify Us within 14 days from the date of receipt. Following such notification We will arrange for the collection of the wrong Product and will arrange for the correct Product to be dispatched within 5 working days of collection. Alternatively You may choose to request a refund and place a new order on the Site.

8. PART 2- BUSINESS ONLY TERMS AND CONDITIONS

1. This part 2 will only apply to Businesses who are purchasing Products in the course of business. This Part 2 is in addition to the remainder terms and conditions as set out at part 3. If there are any inconsistencies between this part 2 and part 3 of these terms, part 2 will prevail.

9. Refund payment

1. All refunds set out in the terms of this Agreement will be processed by Us using the same method originally used by You to pay for your purchase.

10. Shortages

1. If You receive an incomplete delivery You must notify Us by telephone or email within 3 Working days following receipt of the delivery. Following notification, We will investigate and respond within 3 working days.

11. Defective Products

1. If the Product delivered is defective You they must notify Us by email or telephone within 3 working days following receipt of delivery. You can find Our contact details in the contact Us section of the Site. Thereafter We will shall arrange for the collection of the defective Product in order to investigate the claim ("Investigation").

2. Following Investigation, if We agrees that the Product is defective We may, at Our sole discretion:

a) arrange for a replacement Product to be dispatched within 5 working days following completion of Our Investigation; or

b) arrange for the defective Product to be refunded in full in respect of sums paid by You in accordance with the Contract.

12. Wrong Products delivered

1. Where You have received delivery of an incorrect or wrong Product You must notify Us within 3 working days from the date of receipt. Following such notification We will arrange for the collection of the wrong Product and will arrange for the correct Product to be dispatched within 5 working days of collection. Alternatively You may choose to request a refund and place a new order on the Site.

13. Liability

1. Unless provided elsewhere in this Agreement or as provided in section 12 of the Sale of Goods Act 1979 all warranties, conditions and other terms implied by statute, common law, trade custom and industry practice are, to the fullest extent permitted by law, are excluded from the Contract.

14. PART 3- BUSINESS & CONSUMER TERMS AND CONDITIONS

1. This part 3 will apply to Businesses and Consumers collectively. This Part 3 is in addition to the remainder terms and conditions of this Agreement.

15. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

1. After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between Us will only be formed when We send You the Dispatch Confirmation (Contract).

2. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of Your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

16. AVAILABILITY AND DELIVERY

1. Your order will be delivered within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. See Delivery page for Usual delivery times.

17. RISK AND TITLE

1. The Products will be at Your risk from the time of delivery unless the courier is one not offered or named by Us as an option, but chosen and arranged by You. In this case risk passes to You when the item is delivered to the courier.

2. Ownership of the Products will only pass to You when We receive full payment of all sums due in respect of the Products, including delivery charges.

18. PRICE AND PAYMENT

1. The price of any Products will be as quoted on Our Site, except in cases of obvious error. Prices can be displayed including or excluding VAT (by selecting the display option on site).

2. The Product prices billed include VAT, but exclude delivery costs which will be displayed and added to the total amount due at Checkout stage. Delivery costs are as set out in Our Delivery Guide.

3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which We have already sent You a Dispatch Confirmation.

4. The Site contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Products to You. If a Product's correct price is higher than the price stated on Site, We will normally, at Our discretion, either contact You for instructions before dispatching the Products, or reject Your order and notify You that We are rejecting it.

5. We are under no obligation to provide the Product to You at the incorrect (lower) price, even after We have sent You a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mis-pricing.

6. Payment for all Products for a standard account can be by credit or debit card. Currently accepted cards are listed here (see Pay for an Item). PayPal payment option is offered only for limited product categories and order values. For invoice accounts, payments can be by the method described on the invoice.

19. LIABILITY & WARRANTY

1. We warrant to You that any Product purchased from Us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

2. Our liability for losses You suffer as a result of Us breaching this Agreement is strictly limited to the purchase price of the Product You purchased.

3. This does not include or limit in any way Our liability:

a) For death or personal injury caused by Our negligence;

b) Under section 2(3) of the Consumer Protection Act 1987;

c) For fraud or fraudulent misrepresentation; or

d) For any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.

4. We are not responsible for indirect losses which You suffer as a result of Us breaching these terms and conditions if the losses Were reasonably foreseeable to both You and Us when You commenced Using the Site, or the Contract was formed. We will not be responsible for any business loss, including:

a) loss of income or revenue

b) loss of business

c) loss of profits or contracts

d) loss of anticipated savings

e) loss of data,

f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

g) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced Using the Website or when the Contract was formed.

20. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications We send to You should be in writing. By Using the Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on the Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.

21. NOTICES

1. All non-legal notices (for example day to day transaction) given by You to Us must be given to Us Banner Group Limited, at Newland House, Tuscany Park, Express Way, Normanton, WF6 2TZ or at helpdesk@officeproducts.co.uk.

2. Any Legal notices should be sent to the Our registered address; Newland House, Tuscany Park, Express Way, Normanton, WF6 2TZ and marked for the attention of the legal department.

3. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in clause 18 above.

4. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

22. TRANSFER OF RIGHTS AND OBLIGATIONS

1. The contract between You and Us is binding on You and Us and on Our respective successors and assignees.

2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.

3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.

23. EVENTS OUTSIDE OUR CONTROL

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (Force Majeure Event).

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

a) strikes, lock-outs or other industrial action;

b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

d) impossibility of the Use of railways, shipping, aircraft, motor transport or other means of public or private transport;

e) impossibility of the Use of public or private telecommunications networks and

f) the acts, decrees, legislation, regulations or restrictions of any government.

3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will Use Our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.

24. WAIVER

1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.

3. No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 19 above.

25. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

25.1 USER DATA POLICIES

To maintain accuracy of website user data it may be necessary to cleanse our customer user database on an annual basis. Users who have registered for the site that have been inactive for a period of over 18 months may have their sign in / user details removed from the database. Users returning to the site after a sustained period of inactivity that have had their user details removed may need to re-register as a user on the site to allow access or place orders.

26. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements and changes in Our system's capabilities.

2. You will be subject to the policies and terms and conditions in force at the time that You order Products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You the Dispatch Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Products).

27. LAW AND JURISDICTION

1. Contracts for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

28. PROMOTIONAL OFFERS

1. Any promotional offers that may be running will be subject to availability. We reserve the right to substitute the free gift that may be offered with a Product of equal or greater value at Our discretion. We reserve the right to not supply the free gift Product in cases where We are out of stock of that Product. We reserve the right to limit the number of free gift or promotional Products per purchase at Our discretion.

2. If the free gift or promotional Product is based on a minimum qualifying spend then this total excludes stamps and collectible Products.

3. If You return Products that qualified for a free gift or promotional Product (that is not returned with Your Product) then We reserve the right to deduct the full retail price of the item from the value of the refund You may be due for the returned Product.

4. Any promotional offers being offered shall only be open to customers making purchases from the UK mainland.

5. Any tax liabilities that may arise as a result of any promotion being run by Us will be the responsibility of the beneficiary of such promotion.

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