These Terms and Conditions apply to all sales of goods by Us, Oasis Empire Ltd, a company incorporated in England registered number 06090706 having its registered office at Bishopstone, 36 Crescent Road, Worthing, West Sussex, BN11 1RL and You, the “Customer” in respect of purchases of goods made from Us. We amend these Terms from time to time. These Terms were last updated in September 2016
”Oasis”, “We”, “Us” means Oasis Empire Ltd , “Customer”, “You”, means the party to whom goods are being supplied as identified as the registered Oasis account holder placing any order or the principal card holder in the event of a non-account order. “Contract” means the contract between Us and You for the sale of the Goods in accordance with these conditions. “Goods” mean the goods set out in this order.
BASIS OF CONTRACT
These conditions apply to the Contract to the exclusion of any terms You seek to impose or incorporate, or which are implied by trade or custom.
The Contract constitutes the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by Us which is not set out in the Contract.
We only deliver within the UK mainland (the ‘Territory’). We will not enter into transactions outside of the Territory. The display of products on our Website does not constitute an offer for sale or an invitation to trade.
Each purchase order raised by You, whether electronically on the Website or otherwise, constitutes an offer to purchase the Goods in accordance with these Terms and Conditions. The offer is made subject to these Terms and Conditions. Acceptance by us takes place when the goods are shipped at which point the Contract shall come into existence.
In relation to special order goods, bespoke items, goods held by us as consignment stocks and foodstuff, perishable and other non-returnable items, once your order is received by us, you will be liable to pay the full quoted price of the Goods whether you accept delivery or not. These items are non-returnable and non-refundable.
Goods are sold subject to availability and, in relation to certain specific goods, there are geographical restrictions.
A quotation for Goods given by us shall not constitute an offer. Any prices stated in a quotation will expire 28 days from the date of the quotation.
We reserve the right to alter the specification of the goods without prior reference to you insofar as the performance of such Goods is not materially altered and the cost is not increased.
PRICES AND PAYMENT
All prices are displayed in UK pounds sterling. Payment shall be made in UK pounds sterling only. In relation to credit sales, payment shall be due within 30 days from the date of invoice.
We reserve the right to charge interest on overdue amounts at the rate of 8% per annum above the base rate from time to time of HSBC Bank plc., interest to accrue from day to day from the date of invoice until actual payment is received by way of cleared funds.
Dishonoured cheques issued by You shall incur an administration fee of 20 pounds in addition to any bank charges paid by Us in relation to the returned cheque.
In addition to the list price of the Goods, We reserve the right to make an extra charge for deliveries, the price of which will be shown at the point of ordering.
Risk in the Goods will pass to You on delivery. Title and ownership of the Goods will not pass until payment in full has been received by Us. You will act as bailee of the Goods for us until ownership has passed and You will store the Goods so that they are readily identifiable as Our property. If payment is not made by the due date, We shall be entitled to enter your premises to recover any and all Goods supplied by Us.
We reserve the right to refuse and/or to cancel an account and/or delivery at any time. In such circumstances, if You have paid for relevant Goods, a refund or credit note shall be issued less reasonable administration charges.
Prices for Goods are stated exclusive of Value Added Tax and other sales tax unless otherwise indicated in the ordering process.
You must pay all amounts due under the Contract in full without any deduction and You are not entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part. If You owe Us money, we can off-set this against money We owe You.
PURCHASE ORDER NUMBERS
We understand that You may require a Purchase Order Number to be quoted on your invoice . Whilst we are happy to assist you in this respect, it is Your responsibility to ensure that we are provided with the correct Purchase Order Number and it is not our responsibility to check that the Purchase Order Number you have given us is correct. You cannot refuse to pay an invoice issued by us on the grounds of an incorrect or missing Purchase Order Number.
Delivery dates are approximate. Delivery shall be deemed to take place on the date of the first attempt at delivery to your premises or other place specified for delivery.
All Goods must be signed for by an adult aged 18 years or over on delivery. If no adult is present at the address when the delivery is attempted the Goods may be retained by the driver.
Delivery is to the threshold of your premises, which shall be deemed to be Goods Inwards or in the absence of this the Main reception at the specified delivery address.
CLAIMS AND RETURNS
Customer must notify Us on the day or delivery or as soon after as is reasonably practical of any discrepancy between Goods supplied and noted on the enclosed delivery note, or of any damaged Goods.
Requests to returns for Goods ordered in error must be notified to us within 3 working days of delivery.
Conditions apply to returns and returns may only be made with prior written consent from Us.
Invoice queries must be raised in writing within 10 working days of the date of invoice.
Claims may be made either through the Website, by e-mail to firstname.lastname@example.org or in writing.
All notices given in writing should be sent to Oasis Empire Ltd, Chatsworth House 39 Chatsworth Road, Worthing, BN11 1LY
GUARANTEES AND LIABILITIES
Goods sold by us are sold with a guarantee that they will be free of defects in material or workmanship at delivery and, provided they are used in the proper way, for the relevant period from delivery as indicated at the point of ordering. We accept no liability for defects in Goods resulting from your designs or requirements, or arising from wear and tear, willful damage, negligence or misuse.
We shall replace or repair at our election any component manufactured by us which actually fails to function solely as a result of bad workmanship or latent defect providing always that written notice is delivered to us within fourteen days of completion of approval or trail or within three days from the date of delivery whichever be the earlier and providing that such replacement or repair takes place at Your premises or at premises of our election, the defective unit or units if we so elect being returned to our premises at Your cost for inspection by us and we shall not be liable for any cost of or associated with any required dismantling and delivery including but without prejudice to the foregoing loss of hire loss of profit and time expended in waiting and carriage and providing further that we shall not be liable for defects occurring in equipment not manufactured by us but we shall assign to our customers the benefit of all manufacturers guarantees and warranties.
You are solely responsible for ensuring the goods purchased are suitable for their intended use. You confirm you have had every opportunity to inspect, test or otherwise asses the goods. We accept no liability whatsoever.
Information on the Website or in Our catalogues may contain inaccuracies or typographical errors. Information and product specifications, including information relating to price and availability may be changed or updated without notice.
No guarantee is given that the information accessible via the Website is accurate, complete or current. The Website may be unavailable from time to time. Nothing on the Website shall be construed as a condition, warranty or representation.
Except as otherwise stated in these terms, Our entire liability in respect of a particular good that has passed into your ownership and your remedies shall be limited to, at Our option and in accordance with Our returns policy from time to time, a credit note in respect of the amount paid by You to Us for such Goods or the replacement or repair of the Goods by Us.
Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation, but except as otherwise stated in these Terms and Conditions, all conditions, warranties, terms and undertakings express or implied statutory or otherwise are hereby excluded to the fullest extent permitted by law.
Subject to the above, under no circumstances shall We be liable to You, whether in contract, tort (including negligence) ,breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract and Our total liability to you in respect of all other loses arising under or in connection with the Contract, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
THIRD PARTY SUPPLIERS
From time to time You may ask Us to make available goods from third party suppliers so that You can place orders for these Goods through an Oasis Website. We are not the supplier of such Goods and have no contractual relationship with You in relation to any supply. We accept no liability whatsoever in relation to such transactions, howsoever arising.
All data (except Debit/Credit Card data) is stored by Oasis Empire Ltd which is registered under the Data Protection Act 1984. Any personal data held may be used to send You further information about products in which you may be interested or to inform You of important functionality changes to Our Website and may be shared with our business partners. However, You may notify us that you do not wish to receive such information or to have any information shared by e-mailing email@example.com
Neither Party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure is caused by a Force Majeure event being an event which is beyond it’s reasonable control including, but not limited to, an act of God, war, any strike or civil commotion, lockout, disorder, fire, explosion, accident or stoppage, act of terrorism or threat thereof, act of Government or supranational bodies or authorities.
GOVERNING LAW AND JURISDICTION
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, English law, and You irrevocably submit to the exclusive jurisdiction of the courts of England.