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 14 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h. The costs incurred in association with returning the goods (withdrawn agreements) are borne by the consumer.
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.
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.
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 firstname.lastname@example.org. 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
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 email@example.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.
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.
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) 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.
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.
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 firstname.lastname@example.org
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.
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.
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
Courier service – maximum price €19.50 for Europe or €29.90 for rest of the World; 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.
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 email@example.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.
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).
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
In Glasgow 21st May 2018