Terms & Conditions
Fruitmachinesales.co.uk is operated by CMJS Leisure.
We operate from Unit 3e Sparrow Way, Lakesview International Business Park, Hersden, Canterbury, Kent, CT3 4JH.
Our UK VAT Number is - 835125933
Gambling Commission For Great Britain Licence Number - 000-005819-N-310284-003
Office of Fair Trading Licence Number - 591255
1.1 "Business Customer" means a customer who is not a Consumer.
1.2 "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
1.3 "Force Majeure" means any cause affecting the performance by CMJS Leisure of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.4 Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 9.
2.1 All contracts of sale made by CMJS Leisure shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom CMJS Leisure is dealing. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods. Cancellation of orders by business to business customers is not accepted.
2.2 All orders are subject to acceptance and to availability of the goods ordered: CMJS Leisure is entitled to refuse any order placed by you.
2.3 You undertake that:
a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
b) the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
2.4 Please note, CMJS Leisure may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
3. Delivery, Title and Risk
3.1 CMJS Leisure shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.
3.2 In the case of a Business Customer, if CMJS Leisure is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to CMJS Leisure in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to CMJS Leisure after the above date but before delivery of the goods or notification from CMJS Leisure that the goods are ready for delivery. This Clause does not apply to Consumers.
3.3 CMJS Leisure does not accept liability for shortages or damage to deliveries unless the Customer notifies CMJS Leisure of the shortage or damage in writing within 24 hours of receipt of the delivery.
3.4 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
3.5 Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
3.6 Title in the goods does not pass to the Customer until payment is received in full by CMJS Leisure.
3.7 If the Customer cannot accept delivery, CMJS Leisure may at it’s option:
a)store and insure the goods at the Customer's expense and risk or
b)sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
c) re-arrange delivery provided that CMJS Leisure may charge the Customer for the additional delivery costs incurred.
3.8 The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and CMJS Leisure shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
3.9 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. CMJS Leisure shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
3.10 Payment may be made in cash in person, cheque payable to
CMJS Leisure, BACS payments to account 90506839 Sort Code 60-04-27
Please use your postcode as payment reference, Visa, Delta, MasterCard, Visa Electron, Maestro and American Express,
4. Product specifications
4.1 CMJS Leisure makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
4.2 If CMJS Leisure cannot supply the goods ordered by the Customer, CMJS Leisure reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to CMJS Leisure in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
4.3 CMJS Leisure has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are deemed acceptable before an item is accepted for replacement on grounds of fault.
5. Warranties & Returns
Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 9.
5.1 CMJS Leisure is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
5.2 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
5.3 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 12), CMJS Leisure does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications (including dimensions) of products before ordering.
5.4 In the event that CMJS Leisure, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 9), agrees to accept the return for credit of unwanted products, the goods must be returned with CMJS Leisure's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 9) will be subject to a 30% re-stocking fee of CMJS Leisure's sale price for the goods.
5.5 Unless otherwise stated all goods sold by CMJS Leisure are reconditioned and carry a thirty day return to base warranty from the date of delivery.
5.6 No contract shall be cancelled once accepted by CMJS Leisure nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of CMJS Leisure and on terms to be determined at the absolute discretion of CMJS Leisure.
a) CMJS Leisure's technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: CMJS Leisure, Unit 3E Sparrow Way, LakesviewInternationalBusinessPark, Hersden, Canterbury, CT3 4JH
b) A Goods Returns Authorisation Number (RAN) must be obtained from CMJS Leisure for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned. This may result in difficulties in returning monies. The RAN must be clearly shown on each parcel returned, and must be in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seals in tact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
c) CMJS Leisure cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
e) On receipt of the returned product, if following the testing process, the product is found to be in good working order without defect, we will refund the cost of the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 9.
6. CMJS Leisure's liability
6.1In its dealings with Business Customers, CMJS Leisure shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to)
loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). CMJS Leisure’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
6.2Nothing in this agreement shall limit CMJS Leisure's liability for death or personal injury caused by its negligence.
7. Health & Safety
7.1CMJS Leisure confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed; and if the Customer takes reasonable and normal precautions in their use.
8. Force Majeure
8.1CMJS Leisure shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of CMJS Leisure's obligations in respect of the Goods, if the delay or failure was due to any cause beyond CMJS Leisure's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond CMJS Leisure's reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) import or export regulations or embargoes;
e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of CMJS Leisure or of a third party);
f) difficulty in obtaining materials, labour or machinery; and
g) power failure or breakdown in machinery.
8.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
9. The Consumer Protection (Distance Selling) Regulations 2000
9.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the CMJS Leisure website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
9.2 If the Regulations apply, Customers may cancel goods purchased from CMJS Leisure by sending a written notice of cancellation by post or hand delivery addressed to CMJS Leisure, Unit 3E Sparrow Way, Lakesview Business Park, Hersden, Canterbury CT3 4JHL or by fax to 0870 116 9919 or by e-mail to [email protected]
9.3 The notice of cancellation must be delivered within 7 days of placing the order.
9.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to CMJS Leisure, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
9.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to CMJS Leisure and to take reasonable care of them during this period. The Customer will be liable for any loss
of or damage to the goods if he or she fails to comply with this obligation.
9.6 The right to cancel does not apply to personalised (bespoke) goods or goods made to a consumer's specification.
10. General terms of business
10.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
10.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
10.3 Any waiver of a breach of this Agreement must be in writing.
10.4 Any variation of this Agreement will be in writing provided by CMJS Leisure
10.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
10.6 Assignment You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
10.7 Customer Service queries CMJS Leisure shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business Customer/Consumer has made within 48 hours of receipt of any such query. CMJS Leisure shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Business Customer/Consumer reasonably notified of any progress thereafter. Telephone calls made to CMJS Leisure may be recorded for training purposes.
10.8 Third Party (Rights) Act 1999 No third party shall be allowed to enforce any rights under this contract. The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
10.9 No Waiver CMJS Leisure's failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions.
10.10 Notice Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice. Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
10.11Any gaming machines sold by CMJS Leisure are sold for personal use and legally cannot be used for financial gain or sold without first obtaining the relevant licenses from the Gambling Commission & local Licensing Authorities. For further advice please contact the Gambling Commission Tel: 0121 230 6666 www.gamblingcommission.gov.uk.