Basic Provisions
The
following Terms and Conditions (Business Terms and Conditions) regulate the
relationships of parties to a purchase entered into by and between Sumo
Rubber Ltd., ID SC555021, with its registered office at 272 Bath street,
Glasgow, G2 4JR, United Kingdom, registered in the Companies House Register in
Scotland, and the purchaser on the other part (purchaser).
Purchaser is a consumer or an entrepreneur.
By placing the order, the purchaser confirms that it has become familiar with
these General Business Terms and Conditions and with Returns Policy prior to
entering into the agreement, and explicitly agrees to the same in the wording
valid and effective as at the moment of placing the order.
When
accepting the goods, the purchaser is issued an invoice including the basic
details of the agreement.
Pre-Contractual Representations and Warranties
Sumo
Rubber represents and warrants that:
a. The
purchaser is required to pay the purchase price prior dispatching the goods by
Sumo Rubber
b. The
prices for goods displayed on the website operated by Sumo Rubber are quoted
excl. VAT as Sumo Rubber Ltd is currently not VAT registered company;
c. The
prices for goods displayed include all statutory fees (if any). Shipping costs,
however, vary depending on the selected shipping method, carrier and
destination;
d. Purchasers-consumers
are entitled to withdraw from the agreement (unless otherwise stipulated below)
within a period of 30 days commencing on the day of receiving the goods (purchase
agreements and do so in writing either via email or by sending the notice of
withdrawal to the Sumo Rubber registered office;
g. The
consumer cannot withdraw from an agreement for the delivery of goods adjusted
as per the requirements / for the needs of the consumer
h. The
costs incurred in association with returning the goods (withdrawn agreements)
are borne by the consumer.
Agreement
1. Execution
The
purchaser enters into the agreement by adding the requested product to the
cart. using the “Buy Now” service (registered users only). The purchaser
can change the products added to the cart as well as the selected shipping and
payment method, i.e. check the order details, before placing an order. The
purchase agreement is entered into upon the moment the purchaser (having
selected the shipping and payment method) submits the order and the order in
question is received by Sumo Rubber whereby Sumo Rubber assumes no liability
for any mistakes and errors (if any) having occurred during the transfer of
data. The purchaser is informed about the accepted agreement in a confirmation
email letter sent by Sumo Rubber to the email address provided by the purchaser.
The
confirmation email letter is sent along with the Sumo Rubber General Business
Terms and Conditions and Returns Policy. Unless stated in the General Business
Terms and Conditions otherwise, the executed agreement (incl. agreed price) may
be amended or terminated only with the agreement of the parties or in cases
stipulated by law.
The executed agreement is archived by the seller for at least six years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described in these General Business Terms and Conditions.
2. Delivery
Under
the purchase agreement, Sumo Rubber undertakes to deliver the product to the
purchaser, enable the purchaser to acquire the product purchased under the
purchase agreement; the purchaser undertakes to receive the product from and
pay the purchase price to Sumo Rubber.
If
more items are delivered in excess of the amount agreed, the purchase agreement
is deemed entered into for the number of items delivered; unless the purchaser
rejects such items without undue delay.
Sumo
Rubber delivers the purchased product to the purchaser in the agreed amount,
quality and design.
If not
agreed otherwise, the product is packed by Sumo Rubber by convention; if no
convention exists, the product in question is packed as to provide for its
protection and preservation. The same applies also to goods to be shipped.
3. Risk of Damage
The
product is defective if lacking the agreed characteristics. The product is
deemed defective also in cases where the purchaser is delivered other than the
ordered product or where the documents necessary for the use of the product in
question contain defects.
The
purchaser can claim improper performance with reference to the defect inherent
to the product at the moment the risk of damage passes to the purchaser
although the defect in question becomes evident only later. The purchaser can
claim the rights also with reference to a defect that has become evident later
as result of a breach of Sumo Rubber’s obligation.
The
purchaser is to examine the product, its characteristics and quantity as soon
as feasible after the risk of damage to the product passes to the purchaser.
4. Liability (Sumo Rubber)
Sumo
Rubber is liable to the purchaser that the product is free from defects upon
receipt. In particular, Sumo Rubber is liable to the purchaser that, at the
moment the product is received by the purchaser:
a. The
product has the characteristics agreed by the
b. The
product can be used for the purposes stated by Sumo Rubber or for the purposes
for which the product of that kind is usually used.
c. The
product is provided in the corresponding quantity, measurement or weight.
d. The
product complies with the requirements stipulated by law.
If the
product becomes defective within six months after receipt, the product is
deemed being defective already upon receipt.
Unless
stipulated otherwise, the purchaser is entitled to claim defective consumer
goods within 24 month after receipt. This does not apply to:
a. usual
wear and tear;
b. defects
caused by incorrect operation, improper or inappropriate treatment; or
c. defects
caused by mechanical damage, improper installation or negligence while goods
The
individual periods are stipulated in more detail in the Returns Policy.
Improper
performance cannot be claimed if the purchaser was aware about the defect
before accepting the product or if the defect in question was caused by the
purchaser.
5. Material Breach
If
improper performance constitutes a material breach of the agreement, the
purchaser is entitled to:
a. have
the defect removed by way of being delivered a new defect-free product;
b. be
given a reasonable discount on the purchase price; or
c. withdraw
from the agreement.
When
claiming the defect in question, the purchaser informs Sumo Rubber as to which
of the above mentioned options the purchaser has selected and does so either
immediately or without undue delay thereafter whereby the selected option can
be then changed only if so approved by Sumo Rubber. If the defects are not
removed by Sumo Rubber within a reasonable period or if the purchaser is
informed by Sumo Rubber that the defects in question will not be removed, the
purchaser may claim a reasonable discount on the purchase price instead of
withdrawing from the agreement or withdraw from the agreement.
If the
purchaser fails to select one of the options mentioned above, the rights
implied by immaterial breach apply – see below.
6. Immaterial Breach
If
improper performance constitutes other than material breach, the purchaser is
entitled to have the defect removed or to be given a reasonable discount on the
purchase price.
Unless
the purchaser claims the discount on the purchase price or withdraws from the
agreement, Sumo Rubber may deliver the missing parts or replace the product
with a new one.
7. General Breach
The
purchaser may claim to have the defect removed by way of being delivered a new
thing or a replaced component part also in cases where the defect can be
removed but the product cannot be used because of a repeated occurrence of the
defect after repair or a larger number of defects. In such cases, the purchaser
is entitled to withdraw from the agreement.
Purchasers
failing to report the defect without undue delay after the defect could have
been ascertained by the purchaser had the product been examined in due course
and with sufficient care will not be adjudicated by court the rights under
improper performance. The same applies also to a hidden defect not reported
without undue delay after the defect could have been ascertained by the
purchaser had the product been examined with sufficient care, however, not
later than within two years after the product has been delivered to the
purchaser.
8. Quality Guarantee
In
providing the quality guarantee, Sumo Rubber undertakes that the product in
question will be fit for the ordinary purpose or will preserve the ordinary
characteristics. The guarantee period commences on the day the product is
delivered to the purchaser. If the product is to be shipped to the purchaser as
agreed in the agreement, the guarantee period commences only on the day the
product is shipped to the designated place.
The
purchaser is not entitled to claim guarantee with reference to a defect caused
by outer circumstances after the risk of damage has passed to the purchaser.
Withdrawal
Consumers
are entitled to withdraw from the agreement within a period of 30 days. The
period stated in the first sentence commences on the day the agreement is
executed, this being the day of:
a. receiving
the goods (purchase agreements);
b. receiving
the last delivery (agreements for the purchase of several types of goods /
delivery of several parts)
Consumers
may withdraw from the agreement by sending email to info@sumorubber.com. Sumo
Rubber will then confirm it’s receiving in writing without undue delay.
Consumers
may withdraw from the agreement also by sending a notice of withdrawal to:
Sumo
Rubber Ltd.
272
Bath Street
Glasgow
G2 4JR
United
Kingdom.
If
withdrawing from the agreement, the consumer is to return to Sumo Rubber the
goods delivered by Sumo Rubber and do so at consumer’s cost without undue
delay, however, no later than within 30 days after withdrawing from the
agreement.
The
goods are to be returned complete, undamaged, clean, in the original packaging
(if possible) and in the condition and value in which the goods have been
received by the purchaser.
Consumers
deciding to withdraw from the agreement in the given period are recommended by
Sumo Rubber to send the goods to Sumo Rubber’s address along with a cover
letter incl. the reason for withdrawal (not necessary) and number of purchase
document.
Consumers
withdrawing from the agreement are refunded the entire amount paid for goods under the
agreement whereby this amount is refunded by Sumo Rubber without undue delay,
however, no later than within 14 days following the withdrawal, and with the
use of the same method of payment as agreed in the agreement.
Consumers
withdrawing from the agreement may as well be refunded the amount paid
only after the goods are returned to Sumo Rubber or after the consumers prove
that the goods have been sent to Sumo Rubber.
Personal Data Protection and Security
The
seller represents and warrants that all personal data are confidential and such
will be used only for the performance of the agreement entered into with the
purchaser. The personal data will not be published or disclosed to third
parties, with the exception of cases where such disclosure is necessary for the
distribution of and payment for the ordered goods (name, email address, shipping
address) or if requested by government authorities. In handling the personal
data, the purchaser proceeds without detriment to the rights of the entity
disclosing the personal data, namely the right to human dignity, and cares for
the protection of the private and personal life of the same from unauthorised
intervention. The personal data disclosed willingly by the purchaser for the
purposes of placing the order, processed and stored in compliance with law. The
purchaser gives consent to the seller to collect and process the disclosed
personal data for the performance of the purchase agreement in question; the
consent is granted until revoked in writing by sending the notice of revocation
to Sumo Rubber Ltd., 272 Bath street, Glasgow, G2 4JR, United Kingdom or
submitting the notice in electronic form, namely by sending us an email on
info@sumorubber.com.
Customers
making a claim with Sumo Rubber are required to provide their full name,
address and telephone number whereby such disclosed personal data are
processed exclusively for the purposes of handling the claim and in compliance
with law.
In
obtaining the consent to personal data processing, Sumo Rubber may use in order
to improve services and company’s website. The users may prevent the cookies from
being stored in their end devices, for instance, by running the anonymous
browsing function.
For
more information about our Privacy Policy.
Business Hours
Orders
placed in the Sumo Rubber e-shop are accepted 24 hours a day, seven days a
week.
In the
event of an information systems failure or intervention of a higher power, Sumo
Rubber assumes no liability for non-observance of the stipulated business
hours.
Prices
The
prices are contract prices. Prices quoted online in the e-shop are always up to
date and valid. These prices can be in Euro (EUR) - default, American
Dollar (USD), British Pound (GBP), Australian Dollar (AUD) and Czech currency (Kč). Prices quoted for
individual products are final, that is, incl. other taxes and fees (if any)
payable by the consumer for a product in question (excl. shipping fees,
collection fees and cost of distance communication shown in the shopping cart
in the amount depending on the option selected by the purchaser).
Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.
Sumo Rubber is currently not required to pay VAT, we have only one set of prices. From 1st January 2021 as a result of Brexit, there will be a VAT payment and customs charge applied to all parcels received within EU. The amount of this additional payment will depend of value of your order and regulation of each EU country.
Relevant customs duty and tax is to be paid by the customer. We will NOT under any circumstances falsify customs documents and the total value of the goods will be stated on every parcel shipped.
The
purchaser acknowledges that Sumo Rubber and the purchaser need necessarily not
enter into the agreement, especially if the goods are ordered by the purchaser
for a price mistakenly quoted on the website due to the internal Sumo Rubber
system error of which the purchaser is informed by Sumo Rubber.
Sumo
Rubber reserves the right to declare the purchase agreement void in case of
misused personal data, misused payment card, etc. or with reference to the
intervention of an administrative or court authority of which the purchaser is
informed by Sumo Rubber. The purchaser acknowledges that the purchase price
cannot be entered into as valid in the aforementioned cases.
Orders
The total price is stated on the order and in the email message confirming that the order has been placed.
Orders can be placed as follows:
a.
in the e-shop operated by Sumo Rubber (e-shop); or
b.
by email sent to info@sumorubber.com
Sumo
Rubber recommends placing the orders in the e-shop by logging into the
purchaser’s user account registered with Sumo Rubber. If using public access,
Sumo Rubber further recommends logging out after placing the order.
Information
about the approximate shipping time is included in the email letter sent to the
purchaser. The shipping period and fees depend on the option selected by the
purchaser in the second step of placing the order.
Payments
Sumo
Rubber accepts the following for methods of payment:
a. Paypal
payments
b. online
card payment (MasterCard/Visa/Amex) using Stripe system
Unless
paid in full and received, the goods remain the property of Sumo Rubber. The
risk of damage passes to the purchaser upon receipt.
Once
the order is placed, the billing details of the purchaser cannot be edited.
Delivery
1. Options
The
shipping costs depends on the amount and weight of ordered goods and the
destination.
Sumo Rubber delivers goods using the following methods:
Tracked
& Signed – recommended for ordinary deliveries using Royal Mail International service
Courier
service – any
order weighing over 2kg, but having value below €250 will be sent using this
method
Any order having value over €250 will be automatically sent using courier service free of charge.
All
goods will be dispatched within 2 working days from receiving order and full
payment.
In
case of force majeure, Sumo Rubber assumes no liability for late delivery of
goods.
2. Other
When
receiving the goods from the shipping company, the purchaser – along with the
shipping company representative – is to properly and thoroughly inspect the
delivery (namely the number of packages and undamaged packaging) as per the
enclosed delivery note. The purchaser may refuse to accept the delivery shipped
contrary to the purchase agreement, for instance with reference to incomplete
or damaged delivery. If accepting the damaged delivery from the shipping
company, the purchaser is to describe the damage in the delivery note of the
shipping company.
Incomplete
or damaged deliveries must be immediately reported by email
to info@sumorubber.com and the damage be described in the report on
damage executed with the shipping company representatives and sent to Sumo
Rubber by email or post without undue delay. Any subsequent claims of
incomplete delivery or damaged packaging do not limit the purchaser’s right to
claim the guarantee; yet, they enable Sumo Rubber to prove that the same do not
represent a conflict with the purchase agreement.
Guarantee
The
guarantee terms and conditions are governed by the Sumo Rubber Returns Policy
and relevant law. In general, the certificate of guarantee is replaced by the
purchase document (cf Returns Policy).
Final Provisions
The
United Nations Convention on Contracts for the International Sale of Goods does
not apply.
In
Glasgow 21st May 2018