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Terms & Conditions

Application and entire agreement

  1. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Soaposh’s relationship with you in relation to this website. The term ‘Soaposh’ or ‘us’ or ‘we’ refers to the owner of the website.
  2. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and that you are capable and have the knowledge to use them. If you are selling your products to the general public, it is your responsibility to ensure they meet current legislative requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  4. These Terms and Conditions will be deemed to have been accepted by you when you proceed through checkout; accept a quotation, or the date of any delivery of the goods (whichever happens earlier); and will constitute the entire agreement between us and you.
  5. These Terms and Conditions apply to the purchase and sale of any goods or services between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  6. Transactions with Soaposh are entered into on a Business to Business basis and not subject to the Consumer Rights Act. We are not a retailer providing goods or services to consumers.

Interpretation

  1. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
  2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
  3. Words imparting the singular number include the plural and vice-versa.

Goods

  1. The description of the Goods is set out on our website, unless expressly changed in a quotation. In accepting the website price or quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our documentation are intended as a guide only.
  2. We can make any changes to the specification of the Goods which are required to conform to any applicable statutory or regulatory requirements.

Price

  1. The price (Price) of the Goods is set out in our website or quotation current at the date of your order or such other price as we may agree in writing.
  2. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
  3. Any increase in the Price under the clause above will only take place after we have told you about it.
  4. You may be entitled to discounts. Any and all discounts will be at our discretion.
  5. The Price is inclusive of fees for electronic delivery.
  6. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and alteration

  1. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
  2. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 14 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
  3. Cancellations of orders is only available subject to the discretion of Soaposh. Authorised cancellations accepted before the dispatch of tangible goods or completion of electronic services will be subject to a transaction fee reduction upon refund.

Payment

  1. We will invoice you for the Price either:
    1. on or at any time after quotation; or
    2. by completing checkout on the website.
  2. Quotation payments must be made within fourteen days of the date of the quotation for the quoted cost to remain valid.
  3. You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
  4. Delivery of Goods and Services cannot be provided without full invoice satisfaction.
  5. Time for payment will be of the essence of the Contract between us and you.
  6. All payments must be made in British Pounds unless otherwise agreed in writing between us.
  7. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

  1. We will arrange for the delivery of electronic Goods and Services to the email address specified in the quotation or via a website purchase or to another email that we agree in writing. We will arrange for the delivery of tangible Goods to the physical address specified in the quotation or via a website purchase.
  2. No Goods can be collected from our premises except with advance discretion and permission of Soaposh.
  3. Subject to the specific terms of any special delivery service, delivery of electronic or tangible Goods may occur at any time of day.
  4. Any dates quoted for delivery of tangible Goods are approximate only, and subject to carrier policies. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

Inspection and acceptance of Goods

  1. You must inspect the Goods on delivery.
  2. If you identify any missing items or damage in carrier deliveries and/or information or errors in electronic deliveries; you must inform us in writing within 2 days of delivery, providing details.
  3. Subject to your compliance with this clause and/or our agreement, we will, as appropriate, repair, or replace, or refund the Goods or part of them.
  4. We will be under no liability or further obligation in relation to the Goods if:
    1. if you fail to provide notice as set above; and/or
    2. you make any further use of such Goods after giving notice under the clause above relating to missing components / errors; and/or
    3. the defect arises because you did not follow our oral or written instructions about the storage, use and maintenance of the Goods; and/or
    4. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
  5. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 5 days after delivery.

Refunds

  1. There is no right available to you for cancellation or return of Goods outside of statutory provision for faulty Goods.
  2. Any refunds for the return of tangible Goods will be only authorised at the discretion of Soaposh and may be subject to a restocking fee and transaction fee deduction. No refund will be available where any Goods have been opened or tampered with as these will have to be destroyed. In the event of a return being authorised in writing by Soaposh, you will be responsible for the costs of carriage by an insured and trackable service with any refund made available after the returned Goods have been inspected.
  3. Any refunds for provision of electronic Goods and Services will not be permitted in any circumstance. Soaposh retains the right to reconsider this at their discretion on an individual basis after calculating for any work which may have been undertaken in order to meet the obligations to provide the Goods or Service.
  4. Requests for refunds for faulty tangible Goods must be notified to us within two days of delivery as determined by our contracted carrier and subject to the provision that the package was expediently moved out of any unsuitable elements or ambient temperatures. See sections Inspection and Inspection and Risk and Title. Where we agree that the Goods have suffered damage in transit or an error in satisfying the order has been made by us; we will refund or replace at our discretion.
  5. Refunds for out of stock items where a shipment is made to prevent any ongoing hold up in completing the order; will be made at a time and day of our choosing for administration purposes. In the event that you notice an item is missing, please notify us in writing within two days of the delivery date so we can check the packing process documentation and authorise a refund.

Risk and title

  1. The risk in the Goods will pass to you on completion of delivery.
  2. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

Termination

  1. We can terminate the sale of Goods under the Contract where:
    1. you commit a material breach of your obligations under these Terms and Conditions;
    2. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
    3. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
    4. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of liability

  1. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
  2. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
  3. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the product costs incurred by you in your purchase.
  4. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
  5. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
    1. any indirect, special or consequential loss, damage, costs, or expenses; and/or
    2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
    3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
    4. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
    5. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
  6. The exclusions of liability contained within this clause will not exclude or limit any liability for injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
  7. The information contained in this website is for general information purposes only. The information is provided by Soaposh and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
  2. Notices will be deemed to have been duly given:
    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
    2. when sent, if transmitted by email and a successful transmission report or return receipt is generated;
  3. All notices under these Terms and Conditions must be addressed to the most recent email address notified to the other party.

Circumstances beyond the control of either party

  1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

  1. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction.