1.1 In these conditions the following terms have these meanings:
‘Contract’ means the quotation, these Conditions of Sale, and any other document incorporated in a contract between the Seller and the Customer.
‘the Customer’ means any person, firm or company receiving a quotation form and/or placing an order with the Seller
‘Goods’ means all and every product or part of a product supplied by the Seller
‘Seller’ means Nielsen Scotland – Ian Wilson, otherwise known as Nielsen Scotland or VS Pro: ‘Transgression’ means any breach of contract or other act, default, omission or statement of the Seller, its employees, agents or subcontractors in respect of which the Seller is liable to the Customer.
2.1 These Conditions apply to all contracts for the sale of Goods by the Seller to the Customer and supersede any previous terms and conditions of sale published by the Seller. No additions
or modifications to, or terms or conditions inconsistent with these Conditions shall be binding upon the Seller unless expressly agreed by the Seller in writing.
2.2 All brochures, catalogues, price lists, samples, and other advertising or descriptive material submitted to the Customer are intended to be approximate only and to give a general impression of the Goods. Unless expressly incorporated the same shall not form part of the Contract. The Seller reserves the right to make minor alterations to the specification of the Goods without prior notification to the Customer.
2.3 The Customer shall be responsible for complying with any legislation or regulations (of the United Kingdom or any other country) governing the export and import of the Goods into the country of destination (and any other country through which the Goods pass in transit) and for the payment of any duties thereon. The Customer shall fully indemnify the Seller against any fines, penalties, costs, claims, damages, losses, and the expenses suffered by the Seller as a result of the Customer failing to comply with this Clause 2.3.
3.1 The price for the Goods shall be the price listed in the Seller’s published price list current at the time of despatch of the Goods by the Seller unless varied by prior written agreement.
3.2 The price of the Goods is exclusive of any applicable value added tax and other duties or charges levied by any authority or body in respect of the sale, delivery, export or import of the Goods. Payment in full (without any deductions by way of set off or counter claim) for the Goods (and any additional costs) shall be due and payable in pounds sterling before the goods are dispatched, Customers can pay by Paypal.
4.1 The risk in the goods shall pass from the Seller to the Customer upon delivery of such goods to the Customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the Seller has received cash or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between the Seller and the Customer for which payment of the price of the goods has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Customer under which the goods were delivered.
4.2 Failure to pay the full amount when due shall give the Seller, or its employees or agents, the right to repossess the Goods (and enter the Customer’s premises for that purpose if necessary) with or without notice and without liability and to sell the Goods once they have been re-possessed.
4.3 Notwithstanding this Condition 4, the Seller shall be entitled to avail itself of any other legal remedy including an action for the price of the Goods and connected costs at any time after the date when payment is due.
5. Terms and Representations
5.1 These clauses define the Customer’s rights in respect of any loss or damage caused by the Goods or for any statements made by the Seller, their employees, or agents. Customers are advised to read these provisions carefully.
5.2 The Seller confirms that the Goods will be of merchantable quality and (in respect of Goods designated in writing by the Seller at the time of sales as being suitable as feed) unless otherwise stated by the Seller or stated on the packaging of the Goods.
5.3 If the Goods are delivered to the Customer the Customer shall inspect the Goods on delivery. If the Customer collects the Goods it shall inspect the Goods on collection.
5.4 If the Customer complains of shortage, provided that the Seller has been given opportunity to inspect the Goods before any part of them have been used by the Customer, the Seller shall at its discretion either make good any shortage or issue a credit note in respect of the shortage. The Seller shall have no liability in respect of shortages if it has not been given opportunity to inspect the Goods before any part of them has been used.
5.5 The Seller agrees to replace or (at its discretion) issue a credit note in respect of Goods which are found to be defective and which are returned to the Seller before the ‘best before date’ specified on the packaging provided that each of the following are satisfied;
5.5.1 Notification of any defect is given to the Seller immediately upon it becoming apparent to the Customer.
5.5.2 The Goods have been stored in accordance with normal conditions and have not been mixed with any other goods or substances.
5.5.3 Goods are returned to the Seller’s premises at the Customer’s expense.
6. Risk Carriage Packaging and Storage
6.1 The Seller shall charge for delivery of the Goods if agreed in writing in advance. Such delivery rates shall be subject to review at the Seller’s discretion.
6.2 In the case of sales where the Seller delivers directly or contracts directly with the carrier then risk in the Goods shall pass to the Customer upon arrival of the Goods at the Customer’s premises (or other specified delivery point). The Seller will replace or (at its option) issue a credit note in respect of Goods lost or damaged in transit (other than by default of the Customer), provided that
6.2.1 Claims concerning shortages, breakages, and/or non-delivery, must be raised, in writing with the seller within 48 hrs of acceptance of delivery of goods.
7. Force majeure
7.1 The Seller shall take all reasonable steps to perform its obligations and deliver within the time specified, but such times are estimates only. The Seller shall not be liable for expenses, losses or damages caused by late performance or delay in delivery and delays shall not entitle the Customer to rescind the Contract.
7.2 Without prejudice to the generality of Condition 7.1, the Seller shall have no liability for any expenses, losses or damages caused by delay or default in performance of any obligation caused directly or indirectly by weather conditions, breakdown or unavailability of plant of machinery, failure of raw material or supply of raw material or any other causes or causes beyond the reasonable control of the Seller.
7.3 The Seller reserves the right to make part deliveries and to submit invoices for Goods supplied as part of an order.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Website Terms (In addition to the Standard Terms of Sale)
1. Refund Policy
1.1 Nielsen Scotland. is committed to giving you the best possible products, prices and service. Should any product purchased from Nielsen Scotland. found to be faulty, damaged in transit, or differing from the description given at the Nielsen Scotland. website then we will be pleased to arrange to either refund or replace the product at the discretion of the customer. All returns must be notified by post to Nielsen Scotland. within 7 days of delivery of the product.
1.2 In the event of a customer purchasing an item from Nielsen Scotland. mistakenly and through no fault of Nielsen Scotland., we will be replacing or refund the item provided that the original item is returned to Nielsen Scotland. unused and in saleable condition. In cases where the customer is either unable or unwilling to arrange return carriage after mistakenly purchasing a product, Nielsen Scotland. reserves the right to charge an uplift fee to cover the cost of employing a courier company to collect the item from the customer. In cases where an entire order is returned, we reserve the right to retain the cost of the outward carriage.
This does not affect your statutory rights as a consumer.
1.3 To arrange to return a product or for further information about returns or refunds please e-mail us at email@example.com or telephone us on: 01236 770898, Monday to Friday 9.30 am to 5.00 pm.
2. Cooling Off Period
2.1 Right to Cancel - "Cooling Off Period" You have the right to change your mind and cancel an order within 7 working days of receiving the order. This is known as a "Cooling Off Period". If you wish to cancel within the 7 working days you must inform Nielsen Scotland.by email or telephone. Please write to Nielsen Scotland. However, please note that we try to despatch within a few days of receiving your Order, so we would be grateful if you could let us know as quickly as possible if you change your mind!
3.1 Nielsen Scotland is committed to maintaining high standards of customer service including the production of our products to the highest standards possible.
3.2 To make a complaint (whether about a product purchased, our service, or any other matter) please e-mail us at firstname.lastname@example.org telephone us on 01236 770898.
3.3 How we will handle each complaint: Nielsen Scotland promises to handle each complaint effectively in a prompt, courteous and fair manner and make every reasonable attempt to rectify the problem to the complainants satisfaction and to use what we have learned to reduce the likelihood of recurrence.
3.4 When a complaint is lodged a complaint number will be issued if the problem cannot be resolved within the same working day. This number will then be quoted in all correspondence thereafter until the complaint is resolved. Wherever possible, a single-person contact at Nielsen Scotland will be given to provide continuity throughout the process.
3.5 Timescale for resolving complaints: We promise to acknowledge your complaint within 2 working day of receiving the telephone or email complaint. We aim to resolve all product complaints within 5 working days and other complaints within a maximum of 15 working days.