TERMS AND CONDITIONS
www.itsbestdirect.com
[12 October 2004]

1. General
It's BestDirect.Com Ltd (referred to as "IBD/we/our/us") makes sales via www.itsBestDirect.Com (the "Site"). Any user of the Site (referred to as "you/your") acknowledges that any transactions made and all orders for the purchase of goods from the Site are subject to our terms and conditions set out below.
You may only place an order for goods if you agree to these terms and conditions. By placing an order you are deemed to have accepted these terms and conditions as governing your order.
This does not affect your statutory rights as a consumer.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect immediately when posted on the Site (see date at top). It is your responsibility to read the terms and conditions each time you order goods via the Site and your continued use of the Site shall signify your acceptance to be bound by the latest posted terms and conditions.

2. Orders
2.1 You shall select the Goods you wish to purchase from the Site ("Goods"). Once you have selected the Goods you wish to purchase click the "Order Now" button.

2.2 You shall then complete the order form filling in your customer details, the product and quantity, delivery information (please note, delivery must be to a mainland UK postal address) and payment information. At this stage, it is your responsibility to check the order carefully. You shall be liable for Goods ordered regardless of any input errors.

2.3 Once you are happy with the details you have entered for the Goods you wish to purchase from the Site and, information entered to allow for payment to be collected you should click "Submit" to send a request for the Goods to us.

2.4 On receipt of a request for Goods we shall send an automated response e-mail to you as an order confirmation acknowledgement of the request ("Acknowledgement"). This Acknowledgement shall not indicate acceptance of your order by us.

2.5 Following production of the Acknowledgement, we shall process the order and the order shall be accepted by the us on the earlier of 48 hours after production of the Acknowledgement or upon delivery of the Goods to you (the "Acceptance") unless we notify you otherwise in writing.

2.6 Once the order has been submitted to us by you, you cannot view the order's status online. You should, therefore, print a copy of the e-mail containing the Acceptance for future reference. Once the order has been submitted to us, you cannot amend or cancel the order without our prior written consent.

2.7 We can amend or cancel an order up to Acceptance of the order. In addition, we shall be entitled to reject any order which is made electronically if the order does not contain all the product, delivery and payment information required or if such information is not provided in the correct format.

3. PRICES
3.1 Unless otherwise stated, prices exclude delivery to any mainland UK postal address. Unless otherwise stated, the cost of delivery for each Goods is shown separately on the Site. When you select the Goods on the order form the total price shown will be the price including delivery.

3.2 The prices shown on the Site are subject to fluctuation and the price payable for the Goods shall be the price as displayed on the Site at the time of order (the "Price").

4. PAYMENT
4.1 When you place an order for Goods, you shall provide credit card or debit card details for payment of the Price to us. We shall collect payment from you once you have submitted the order.

4.2 If we are unable to collect payment from you for any reason whatsoever (including, without limitation, invalid or incorrect card details being provided under Clause 4.1) then, we shall be entitled (without prejudice to any other right or remedy) to do all or any of the following:-

4.2.1 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatsoever to you for non-delivery and/or any delay in delivery;

4.2.2 terminate the Contract and/or any other contracts we may have with you without us incurring any liability whatsoever to you for payment of such contracts.

5. DELIVERY
5.1 This Site is only for delivery of Goods to mainland UK postal addresses. We shall deliver the Goods to the address you provide in the order. Delivery shall be deemed to take place when the Goods are made available by us to you at the address specified by you in the order.

5.2 We will aim to deliver Goods within 24 working days of you placing an order. However, please note that delivery within this period is not guaranteed. You shall have no right to damages or to cancel the contract for failure for any cause to meet any delivery time stated nor shall you be entitled to make, or to purport to make, time for delivery of the essence of the contract.

5.3 You acknowledge and agree that we may deliver the Goods to the stated delivery address on any day during the 24 working days following your order. Although we will try to meet any requirements in respect of delivery, we cannot guarantee such provisions and accept no liability to you in this regard. You should note that you will need to be present to sign for your delivery of the Goods. If you are not present to sign for the Goods we may, in our absolute discretion, either try to deliver the Goods again or contact you in order to arrange a mutually convenient time then we shall be entitled to treat the contract as cancelled and you shall be responsible for reimbursing us in full for any administration and/or redelivery charges incurred by us as a result.

6. RISK AND TITLE
6.1 Risk shall pass to you (so that you are then responsible for all loss or deterioration of the Goods or for any damage occurring) upon delivery in accordance with Clause

6.2 Ownership of the Goods shall only pass to you on delivery of the Goods.

7. DESCRIPTION
7.1 We will try our best to ensure that terms and descriptions provided on our site are accurate. Please note that colours and designs may differ slightly from those shown on the site.

7.2 We reserve the right to cancel the contract between us if:-

7.2.1 we have insufficient stock to deliver the Goods you have ordered;

7.2.2 we do not deliver to your area; or

7.2.3 one of more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

7.3 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event, within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

8. COOLING OFF PERIOD
8.1 Once you receive delivery of the Goods, you have 7 working days cooling off period. During this period, you have the unconditional right to cancel the contract/order for these Goods.

8.2 You must inform us in writing by email, fax or letter of your intention to cancel your order. For our contact details, please see the "Contact Us" page. A full refund will be provided using the same payment type by which your order was made. Please allow 30 days from the date of cancellation for the refund to be issued. Unwanted Goods must be complete with packaging, unused and in a re-saleable condition. You must return the Goods to us within 7 days of cancelling your order. You will be responsible for the cost of returning the Goods to us. If you do not return the Goods to us after cancellation, we reserve the right to collect the Goods from you and charge you the direct costs of recovery.

8.3 Please send returns to us at the following address:
The 4 Degree Centre, Bilton Way, Lutterworth, Leicestershire, LE7 4JA.

9. WARRANTY
9.1 We shall provide (provided that the Supplier has the benefit of a warranty, guarantee or similar right from a third party manufacturer or supplier of the Goods for the relevant period), a warranty for parts for 12 months from the date of delivery of the Goods (the "Warranty").

9.2 Pursuant to the Warranty, we shall (in our absolute discretion) repair or replace the Goods or refund the Price provided that the Goods have been adequately maintained. This Warranty excludes fair wear and tear and shall only cover replacement parts and shall not, in any circumstances, include any labour or other ancillary costs incurred by IBD in repairing or replacing the Goods.

9.3 During the Warranty period, you shall notify us of any defect in the Goods as soon as you become aware of it. For the avoidance of doubt, where the Goods have been sold to you as reconditioned or damaged, such reconditioning or damages shall not fall within the scope of the Warranty.

9.4 In order to make a claim under the Warranty in this Condition 9, you must provide to us the following information in relation to the Goods which are to be repaired or replaced or the Price refunded by us:-

9.4.1 serial number;
9.4.2 original invoice/shipment number; and
9.4.3 model number.

9.5 This warranty does not effect your statutory rights as a consumer.

9.6 Unless required by law, we will not be liable to you for any indirect loss consequential loss, loss of profit, loss of business or loss of goodwill arising out of any problem notified to us under this Clause and we shall have no liability to pay any money to you by way of compensation other than to refund the amount paid by you for the Goods.

9.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

10. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to perform any of our obligations under the contract if and to the extent that the failure is caused by act of God, governmental restriction, condition or control or by reason of any act done or not done pursuant to a trade dispute, shortages of labour or materials or breakdown of machinery or any other matter (whether or not similar to the foregoing) outside of our control.

11. SEVERABILITY
If these conditions shall be or become void in whole or in part, the other provisions shall remain valid and enforceable and the void provisions shall, where appropriate, be replaced by other provisions corresponding as closely as possible with the void provisions.

12. THIRD PARTY RIGHTS
No person (except you and us) shall have any rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the "Act") to enforce any of these terms and conditions. Any right or remedy of a third party which exists or is available apart from the Act is not affected.

13. LAW AND JURISDICTION
13.1 These conditions shall be governed and interpreted exclusively according to the laws of England. We and you agree to submit to the exclusive jurisdiction of the English Courts in relation to any matters of dispute arising out of or in connection with these Conditions provided that we may at our option, take proceedings in the courts of the state or country in which you are domiciled including action to obtain any remedy (including injunctive relief).

13.2 The Contract shall be concluded in the English language.

We recommend that you print out a copy of these terms and conditions for your future reference.