Terms and Conditions
Terms and Conditions
Chapter I - General Provisions
Section 1 - Definitions
The following definitions apply in these general terms and conditions of sale:
“Usedful Limited”, Usedful Limited with registered office at A and L, Suite 1-3, The Hop Exchange, 24 Southwark Street, London SE1 1TY, United Kingdom and office address at Unit 17, Warnford Industrial Estate, Clayton Road, Hayes UB3 1BQ United Kingdom and registered with the Companies House under registration number 08227251,
“Customer”, any party that enters into or has entered into an Agreement with Usedful Limited, as well as any party to whom Usedful Limited supplies or has supplied goods and/or services;
“Agreement”, any agreement and/or (legal) act between Usedful Limited and the Customer in relation with the purchase of goods and/or services by the Customer from Usedful Limited, as well as all other orders given by the Customer to Usedful Limited.
Section 2 - Applicability of these conditions
- These general terms and conditions of trade apply to all offers and quotations from Usedful Limited and the online sales by Usedful Limited of products offered for sale on the website https://www.usedful.eu, with the exclusion of any other conditions. The general terms and conditions of trade applicable to the sale are those in force on the date of the order.
- The Client acknowledges and confirms that prior to each transaction, he has read these terms and conditions and explicitly accepts them by the sole execution of the transaction.
- These general terms and conditions prevail over deviating conditions of the Client, even if they contain a provision similar to the present one. Deviations from these general terms and conditions only apply insofar as they have been expressly agreed to in writing by the parties.
- Usedful Limited reserves the right to change the general terms and conditions of sale at any time, whereby the new general terms and conditions of sale will apply to any offer and any order that takes place after the change (s) takes effect.
- The applicable general terms and conditions of sale are available at all times on the aforementioned website.
Section 3 - Formation of commitments and agreements
- Quotations, price proposals, and online offers are at all times without obligation and can be cancelled or changed at any time.
- An Agreement is only concluded by a formal written acceptance by Usedful Limited of an order or assignment from the Customer, or by Usedful Limited commencing the execution of this order or assignment.
- Usedful Limited reserves the right to refuse assignments and/or orders without stating reasons at all times.
- Finalized accepted quotations/signed order forms can no longer be cancelled by the Customer unless explicitly agreed upon by mutual agreement.
Section 4 - Prices
- Unless stated otherwise, the price does not include installation, operation, assembly or transport, etc. Unless stated otherwise, prices are always excluding VAT.
- Unless explicitly agreed otherwise in writing, the prices will be invoiced to the Client according to the most recent price offer at the time of the conclusion of the Agreement.
- In principle, contracts are concluded subject to the principle of the “unit prices” stated in the quotation. The prices stated in catalogues, on websites, and similar media are purely indicative. Only with an explicit agreement in this respect will be deviated, on the understanding that any deviation only relates to the specific transaction and can never be invoked as a precedent for subsequent transactions.
Section 5 - Payment
- All Usedful Limited invoices are payable in cash by transfer to a bank account designated by Usedful Limited. Customer cannot invoke any reimbursement, counterclaim, or lien against Usedful Limited, whether for breach of contract, error, breach of legal obligations, or any other reason to justify a delay in payment for all or any portion of that amount. In the event that the Customer does not fulfil his payment obligations on time, the Customer owes late payment interest at the special interest rate determined in Part 1 of the Late Payment of Commercial Debts (Interest) Act 1998.
- Part 2 of Late Payment of Commercial Debts (Interest) Act 1998 on combating late payment in commercial transactions over the amount due without any formal notice or judicial intervention being required, and he will owe a flat-rate sum damage amount of 10% of the total invoice amount, with a minimum of 200 GBP, without prejudice to Usedful Limited's right to full compensation. All legal costs and extrajudicial costs of Usedful Limited, including costs of internal and external advice, which arise for Usedful Limited from the Customer's failure to comply with any (payment) obligation, are payable by the Customer. Payments made by the Customer always serve to repay all interest and costs owed and subsequently payable invoices that have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.
- Bills of exchange, checks, assignment, payment by third parties, or the granting of credit do not entail novation or change the terms of the Agreement.
- Invoices that are less than 50 GBP will automatically be increased with an administration fee of 5 GBP.
Section 6 - Shipping time and delivery
- Unless explicitly agreed otherwise in writing, any delivery times stated by Usedful Limited are purely indicative and any exceeding thereof does not constitute grounds for any liability or compensation, nor does it entitle the Customer to cancel the Agreement and/or to refuse purchase.
- Unless otherwise specified, the goods are delivered EXW (Ex Works - Incoterms 2010) in the warehouses of Usedful Limited. The risk of loss, damage, and theft is transferred to the Customer at the time of delivery. The goods are always transported at the risk and expense of the Customer.
- Partial deliveries are allowed. If the goods are delivered in parts, Usedful Limited is authorized to invoice each part separately.
- The Customer is obliged to take the purchased/hired goods at the time of delivery, or at the time when they are made available to him according to the Agreement.
- If the Customer refuses or fails to provide information or instructions necessary for the delivery, the goods will be stored at his disposal at his expense and risk. In that case, the Customer will owe all additional costs, including storage costs.
- For all exports outside the UK, given the fact that deliveries are always made EXW Hayes, London, the customer undertakes to immediately provide the necessary customs documents to Usedful Limited (for sales = Single Document, for rental = Single Document or ATA carnet for proof of temporary export). All costs associated with these (temporary) exports are at the expense of the Customer.
Section 7 - Retention of title
- The goods delivered by Usedful Limited to the Customer remain the property of Usedful Limited until the Customer has paid all amounts owed to Usedful Limited on the basis of the Agreement and/or on any other basis, including interest and costs.
- The Customer must store the goods delivered by Usedful Limited separately and clearly recognizable as long as these goods are the property of Usedful Limited and insure them against damage and theft.
Section 8 - Complaints
The Customer is obliged to check upon delivery whether the delivered goods comply with the Agreement;
In order to be admissible, complaints or disputes must be notified to Usedful Limited in writing by registered mail within 7 working days following the invoice date. The dispute by the Customer of any invoice or any part thereof, for whatever reason, does not entitle the Customer to withhold payment of the overdue invoices, not even partially.
If the complaint is justified according to Usedful Limited, Usedful Limited is only obliged to deliver the missing items and/or to repair or replace the defective products against the return of the relevant goods at the expense of Usedful Limited, all at Usedful Limited's discretion.
The Customer can only return the defective goods if Usedful Limited has agreed to this in writing and if the defective goods are still in the delivered packaging and condition. The Customer is obliged to follow Usedful Limited's instructions regarding storage or the return of the products to be replaced.
Section 9 - Warranty
When selling the second-hand items Usedful Limited gives only 72 hours warranty on the goods from the time they are delivered to the customer. It is the customer’s responsibility to check the goods as well as any software related to the goods within this time period and inform Usedful Limited regarding any issues immediately. Once 72 hours have passed after delivery of goods to the customer, no claim whatsoever from the customer regarding any issues with the goods can be accepted.
Section 10 - Liability for damage
- Usedful Limited is not liable for any damage suffered by the Customer, regardless of whether this damage is the result of a failure by Usedful Limited to fulfil its obligations under the Agreement and/or these general terms and conditions of sale, or of any other act and/or omission by Usedful Limited itself and/or by others acting on behalf of Usedful Limited, unless the damage is the result of intent.
- In any case, Usedful Limited's liability is limited to a maximum of the price paid by the Customer for the goods that gave rise to the damage. Any other liability of Usedful Limited is explicitly excluded, including indirect or special damage, damage due to loss of profit, loss of contracts, goodwill or damage to reputation, damage or destruction of data, or any other form of “lucrum cessans” or consequential damage of any kind, regardless of how such damage or loss arose and whether it originated in or was caused by the breach of contract (including gross negligence) or wrongful act.
- The Customer indemnifies Usedful Limited against all damage that Usedful Limited may suffer as a result of claims from third parties related to the goods or services delivered by Usedful Limited, including: claims from third parties (including employees of Usedful Limited) that suffer damage which is the result of the actions or omissions of the Customer or of unsafe situations arising by him or as a result of a defect in products or services supplied by Usedful Limited that were used or changed by the Customer with the addition of or together with other products or services.
- Without prejudice to the above, the Customer explicitly acknowledges that Usedful Limited does not bear any responsibility with regard to changes made to or improper use of the delivered goods by the Customer or third parties.
Section 11 - Force Majeure
- Usedful Limited makes every effort to fulfil its obligations under the Agreement. However, Usedful Limited cannot be held responsible for delay or failure if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, Usedful Limited will perform its obligations as soon as reasonably possible.
Section 12 - Suspension and dissolution of the Agreement
- If a change or addition to the Agreement has financial and/or qualitative consequences, Usedful Limited will inform the Customer about this in advance. Verbal commitments and/or changes regarding the Agreement (s) are only binding after explicit written acceptance by Usedful Limited.
- Without prejudice to any other rights or legal means, Usedful Limited is entitled to proceed to immediate dissolution of the Agreement(s), without prior judicial intervention, in the following cases:
- In the event that the Client fails to fulfil any of its obligations under the Agreement; If, after the Agreement has been concluded, Usedful Limited becomes aware of circumstances that give good reason to be concerned about the ability of the Client to meet its obligations
- If Usedful Limited has asked the Customer to provide assurance for compliance when concluding the Agreement or during the implementation thereof and this assurance is not provided or is insufficient
- In the event of bankruptcy, liquidation, insolvency or cessation of payment of or by the Client, or the Client submitting a voluntary liquidation request (within the meaning of the Insolvency Act of 1986), provided, however, in the latter event, that Customer has not confirmed within thirty (30) days of receipt of a request from Usedful Limited that it will continue to perform the Agreement and fulfil all of its obligations thereunder.
- In the event of termination in accordance with Part II of Insolvency Act of 1986, all claims of Usedful Limited against the Customer will become immediately due and payable and the Customer will be obliged to provide all goods delivered or made available by Usedful Limited back to Usedful Limited within 24 hours of receipt of written notice. Without prejudice to any other right of Usedful Limited under the Agreement or these terms and conditions, in the event that the Customer does not return the goods within 24 hours, Usedful Limited and/or its employees will be entitled to enter the premises where the goods are located to take the goods back in possession. The Client must duly cooperate.
Section 13 - Invalidity of one or more provisions
- The nullity or non-enforceability of a provision in the Agreement will not adversely affect the validity or enforceability of the other provisions.
Section 14 - Applicable law and jurisdiction
- All questions and disputes regarding the validity, interpretation, implementation, execution, or termination of these general terms and conditions or any quotation, order, Agreement thereunder will be governed by and interpreted in accordance with English law. The Client explicitly acknowledges the jurisdiction of the courts of the English Law.
- Without prejudice to any other provision of these terms and conditions, any claims of the Client arisen from or in connection with these terms and conditions, or any quotation, order, or Agreement thereunder will, in any case, expire after six (6) months from the date of fulfilment of the delivery and/or service.
Chapter II - Special Provisions Applicable to Consumers
Section 15 - Conditions for consumers and personal use
- If an order is placed on the Usedful Limited website by a consumer, the present articles are additionally applicable. Insofar as there is any contradiction with the previous articles, the most advantageous clause will prevail for the consumer. To avoid doubt, Usedful Limited emphasizes that these articles do not apply to corporate customers.
- Usedful Limited draws the consumer's attention to the fact that he/she is obliged to purchase Usedful Limited products exclusively for his/her own use.
Section 16 - Order placement and acceptance
- You can place an order with Usedful Limited if you are 18 years or older, can be reached by telephone, and have a valid e-mail address. The placement of your order constitutes your offer to purchase from Usedful Limited and your agreement to Usedful Limited's terms and conditions. An Agreement is only concluded after Usedful Limited has confirmed your order. However, orders placed by the consumer are binding for the consumer and cannot be cancelled.
- If Usedful Limited is unable to accept your order, Usedful Limited will attempt to reach the consumer by email, phone, or mail.
Section 17 - Payment
- The consumer can pay for his products through the payment methods as shown on the website from time to time in addition to the ones stated on the Pro forma invoice.
Section 18 - Right of cancellation and refunds
- Due to the unique nature of the goods that Usedful Limited sells, a no cancellation and no refunds policy applies. No refund, rebate, compensation or restitution for any reason whatsoever to any order paid applies. once the customer has confirmed the order and made the payment for the order, there will be no right of cancellation of the order.
Section 19 - Privacy and data protection
- Personal data obtained by Usedful Limited from the consumer will be kept and processed in accordance with all applicable laws. Usedful Limited may share this personal data with other branches, representatives, or subcontractors of Usedful Limited who perform services for Usedful Limited. Usedful Limited may also transfer your personal data to affiliated companies, agents, or subcontractors who perform services for Usedful Limited and are located outside the UK, in which case Usedful Limited will ensure adequate protection of the personal data.
Section 20 - Warranty
- Usedful limited gives 72 hours warranty on the sale of 2nd hand items once the delivery has been made to the customer.
- Usedful Limited will not repair defects or replace defective products if the defect occurs outside the relevant Usedful Limited warranty period or if the defect is due to an external cause, such as wear and tear from normal use or deliberate damage, negligence, or if non-Usedful Limited products are installed or connected to the Usedful Limited product by the consumer, or in the event of an accident, hazard, humidity control, electrical voltage, or other environmental conditions not usually found in a safe area.