Return Policy

Risk and property of the Goods

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when OnlyBuyOnline.com has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until OnlyBuyOnline.com has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by OnlyBuyOnline.com to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as OnlyBuyOnline.com fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

7.4 The Buyer agrees with OnlyBuyOnline.com that the Buyer shall immediately notify OnlyBuyOnline.com of any matter from time to time affecting OnlyBuyOnline.com title to the Goods and the Buyer shall provide OnlyBuyOnline.com with any in-formation relating to the Goods as OnlyBuyOnline.com may require from time to time.

7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) OnlyBuyOnline.com shall be entitled at any time to demand the Buyer to deliver up the Goods to OnlyBuyOnline.com and in the event of non-compliance OnlyBuyOnline.com reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of OnlyBuyOnline.com but if the Buyer does so all moneys owing by the Buyer to OnlyBuyOnline.com shall (without prejudice to any other right or remedy of OnlyBuyOnline.com) forthwith become due and payable.

7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

7.9 The Buyer shall indemnify OnlyBuyOnline.com against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of OnlyBuyOnline.com rights under this condition.

 

8. RETURN POLICY

8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

8.2 Subject to this Condition 8, OnlyBuyOnline.com warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), OnlyBuyOnline.com further gives to the Buyer such implied warranties as cannot be excluded by law.

8.2.1 OnlyBuyOnline.com above warranty concerning the Goods is given subject to the following conditions:

(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to OnlyBuyOnline.com

(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

(c) OnlyBuyOnline.com binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of OnlyBuyOnline.com opinion in that behalf. OnlyBuyOnline.com does not give any warranty as to the quality state condition or fitness of the Goods.

(d) OnlyBuyOnline.com shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of de-fects, alteration of the Goods without the prior agreement of OnlyBuyOnline.com, addition and insertion of parts, in particular of spare parts which do not come from OnlyBuyOnline.com.

(e) OnlyBuyOnline.com shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow OnlyBuyOnline.com instructions (whether oral or in writing) misuse or alteration or repair of the Goods without OnlyBuyOnline.com approval.

(f) OnlyBuyOnline.com is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without OnlyBuyOnline.com prior written approval and the Buyer shall indemnify OnlyBuyOnline.com against each loss liability and cost arising out of such claims.

(g) OnlyBuyOnline.com shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

(h) OnlyBuyOnline.com shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to OnlyBuyOnline.com within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. OnlyBuyOnline.com shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which OnlyBuyOnline.com had contracted to deliver.

8.2.3 If the Buyer does not give due notification to OnlyBuyOnline.com in accordance with the Condition 8.2.2, OnlyBuyOnline.com shall have no liability for any defect or failure or for any consequences re-sulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to OnlyBuyOnline.com in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, OnlyBuyOnline.com may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against OnlyBuyOnline.com.

8.2.4 When OnlyBuyOnline.com has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become OnlyBuyOnline.com property.

 

9. Force Majeure

9.1 OnlyBuyOnline.com shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of OnlyBuyOnline.com obligations if the delay or failure was due to any cause beyond OnlyBuyOnline.com reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond OnlyBuyOnline.com reasonable control:

9.1.1 Act of God, explosion, flood, tempest, fire or accident;

9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

9.1.4 import or export regulations or embargoes;

9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of OnlyBuyOnline.com or of a third party);

9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

9.1.7 power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1 OnlyBuyOnline.com may at its option:-

9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;

9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and OnlyBuyOnline.com shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

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