Terms of Sale
These Terms of Sale were last updated on 2020-03-24
1 Background
1.1 These Terms of Sale applies for any purchase and sale of steel products made by Damasteel through Damasteel’s online store on the Website (the “Products”).
1.2 Definitions used in these Terms of Sale have the meaning defined in Damasteel’s Terms of Use, unless otherwise stated.
2 Acceptance and terms of the agreement
2.1 Please read these Terms of Sale carefully before ordering Products. If You do not agree to any of these Terms of Sale, You may not order any Products. By placing an order on the Website Your accept and acknowledge that the conditions of these Terms of Sale, together with the Agreement, are the only conditions that apply to the contract between You and Damasteel notwithstanding any purported terms put forward by You.
2.2 By ordering Products You are accepting to enter into a legally binding agreement based on these Terms of Sale with Damasteel. Damasteel reserves the right to not enter into such an agreement until an order confirmation email has been sent to You, to acknowledge receipt of Your order.
2.3 Any variation to these Terms of Sale (including any special terms and conditions agreed between the parties) shall be inapplicable unless otherwise agreed in writing.
2.4 You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your order of Products.
3 Orders and specifications
3.1 As stated above, no order submitted by You shall be deemed to be accepted by Damasteel unless and until an order confirmation has been sent to You by an authorised representative of Damasteel.
3.2 You hereby acknowledge that You are responsible to Damasteel for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by You and for giving Damasteel any necessary information relating to the Products within a sufficient time to enable Damasteel to perform in accordance with these Terms of Sale.
3.3 The quantity, quality and description of and any specification for the Products shall be those set out in the Damasteel’s quotation (if accepted by You through order) or Your order (if accepted by Damasteel).
3.4 If the Products are to be manufactured or any process is to be applied to the Products by Damasteel in accordance with a specification submitted by You in connection with Your order, You shall indemnify Damasteel against all loss damages, costs and expenses awarded against or incurred by Damasteel in connection with or paid or agreed to be paid by Damasteel in settlement of any claim of infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from Damasteel’s use of Your specification.
3.5 Damasteel reserves the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory requirements or, where the Products are to be supplied to Damasteel’s specification, which do not materially affect their quality or performance.
4 Price and payment
4.1 The price for the Products shall be the prices available on the Website less agreed discount, unless otherwise agreed in writing between the parties. If a Products needs to be manufactured or amended due to specifications made by You in Your order the price for the Products shall be specified by Damasteel in the confirmation email. The price is exclusive of VAT or any other applicable costs.
4.2 Damasteel has the right to charge You in connection with the order, unless invoice payment or other similar payment method has been chosen by You. In case of invoice payment, a credit control of You may be made. Damasteel reserves the right not to always offer all payment methods and to change payment methods if a payment method for any reason does not work or if You are not approved for the selected payment method.
4.3 In case You choose to pay by invoice, payment has to be made to Damasteel within 30 days from the date of receiving the invoice.
4.4 If payment or any part thereof is not made by the due date, Damasteel shall be entitled to:
i. require payment in advance of delivery in relation to any Products not previously delivered;
ii. refuse to make delivery of any undelivered Products without incurring any liability whatever to You for non-delivery or any delay in delivery; and/or
iii. charge You interest (both before and after any judgment) on the amount unpaid, at the rate of 7 percent per month, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and
5 Sample
5.1 Where a sample of the Products is shown to and inspected by You, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
6 Delivery
6.1 Unless otherwise agreed in writing, delivery of the Products shall take place at the address specified by You and connected to the Account. You shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
6.2 If Damasteel is unable to deliver the Products because of actions or circumstances under Your control, then Damasteel shall be entitled to place the Products in storage until such times as delivery may be effected and You shall be liable for any expense associated with such storage.
7 Risk
7.1 Risk in the Products shall pass to You upon receipt of the Products. If You choose to collect the Products Yourself, risk will pass when the Products are entrusted to You or set aside for Your collection, whichever happens first.
8 Title
8.1 Title in the Products shall not pass to You until Damasteel has been paid in full for the Products.
9 Return of unused Products
9.1 When purchasing Products on the Website, 14 days right of withdrawal always applies in accordance with current legislation. This means that You have the right to cancel Your purchase by notifying it through email within 14 days of the receipt of the ordered item (the cancellation deadline). In the notice You have to inform Damasteel about the purchased Product, Your Account and [xxx].
9.2 If the right of withdrawal is exercised, the Products shall be returned no later then 14 days from the day when you sent the notice of withdrawal to Damasteel. You shall be responsible for the cost of carriage and will ensure that the Products are carefully packaged to avoid any damage in transit. You are responsible for the condition of the Products from the time when the risk has passed to You in accordance with clause 7 and during the return shipping. Your liability ceases when Damasteel has received the return. We recommend that You save the receipt on the return.
9.3 Any returns must be authorized by a representative of Damasteel before any credit will be given. Damasteel agrees to accept the return of Products that are not damaged, however, Damasteel is not obliged to accept any Products that are damaged in any way.
9.4 After a return of undamaged Products has been made, the amount paid by You for the Products shall be paid back to You within 14 days from the day of the notice of withdrawal.
10 Warrants and faults in Products
10.1 Damasteel warrants …. Warranty for Products only covers original manufacturing defects, and thus not errors that occur during or after a personal change in the function and appearance of the Products, such as rebuilding or other configuration of the Products. The order confirmation sent by Damasteel is valid as proof of warranty.
10.2 If a Product is faulty You may use the right of complaint, which covers Products that are incorrect in accordance with current consumer protection legislation. If You wish to make a claim for errors in the ordered Product You should contact Damasteel as soon as possible after the error has been discovered through the contact details stated in the Terms of Use. Complaints made within two months of Your discovery of the error are always considered to have been submitted in due time. You have a 3-year right of complaint regarding Products purchased on the Website.
10.3 You are responsible for the return shipping for approved complaints.
10.4 When the complaint has been returned and the complaint has been approved, Damasteel will compensate You in accordance with applicable consumer protection legislation.
10.5 Damasteel reserves the right to refuse a complaint if it turns out that the Product is not incorrect in accordance with applicable consumer protection legislation.
11 Intellectual Property Rights
11.1 All Intellectual Property Rights produced from or arising as a result of Damasteel’s performance in accordance with these Terms of Sale shall, so far as not already vested, become the absolute property of Damasteel, and You shall do all that is reasonably necessary to ensure that such rights vest in Damasteel by the execution of appropriate instruments or the making of agreements with third parties.
12 Force majeure
12.1 Damasteel shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Damasteel shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Damasteel considers unreasonable, it may, without liability on its part, terminate the agreement based on the Terms of Sale.
