Conditions of Sale
1. Definitions
In these Conditions of Sale the following expressions shall have the following meanings:
The "Conditions" shall mean these Conditions of Sale.
The "Company" shall mean Plymouth Flying School Ltd.
The "Buyer" shall mean the immediate purchaser under the Contract of Sale with the Company.
The "Products" shall mean items of any nature that the Buyer buys or has agreed to buy from the Company.
The "Contract" shall mean the Contract between the Company and the Buyer for sale of Products by the Company to the Buyer.
Nothing in these Conditions shall exclude or restrict the Statutory Rights of a Buyer who deals as a consumer within the meaning of the Unfair Contract Terms Act 1977 as amended.
2. General
A.
All orders for Products are accepted by the Company subject to these Conditions, which supersede any other terms previously published.
B.
No modifications or amendment of the Conditions shall be binding upon the Company unless agreed to in writing by a duly authorised signatory on behalf of the Company.
C.
Although every endeavour is made to ensure accuracy, all descriptions and illustrations contained in Company publications or submitted by the Company does not form part of a contract.
D.
The customer will be responsible for ensuring the fitness for purpose of the Products for the Buyers application unless the purpose is previously notified to the Company in writing and accepted by the Company in writing by a Director.
E.
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, and the pages of our web-site or by any employee or agent of the Company shall be interpreted so as to enlarge, vary or override in any way any of these Conditions.
3. Price
A.
All prices for the Products are in pounds Sterling. The price will include all taxes and delivery costs applicable at the relevant rate on the date of dispatch and these will be detailed on the receipt.
B.
Whilst every endeavour will be made to keep the price of any Product fixed, the Company reserves the right to alter prices at any time without any prior notice.
4. Payments
A.
Unless otherwise agreed, the Buyer will pay for all Products in advance of receipt by either pro forma invoice or by credit or debit charge card or by other cleared funds as agreed by the Company.
B.
Payments made by cheque shall not be deemed to have been made until the cheque has been honoured by the drawer's bank and cleared in the Company's bank account.
C.
Payments received by the Company shall be applied first in settlement of any charge to interest or other costs or expenses howsoever invoiced or incurred by the Company and thereafter in settling the purchase price or principal sum or sums due to the Company.
5. Ownership/Risk
A.
Legal and Beneficial ownership of Products shall remain with the Company until full payment for the Products and/or other charges arising under these conditions has been made in full. The risk as to loss or damage of the said Products shall, however, pass to the Buyer upon delivery thereof.
B.
If returning the Product the risk as to loss or damage of the Product shall remain with the Buyer until the Company receives the Product.
C.
The Buyer accepts that until full payment of the purchase price and/or other charges arising under the conditions has been made for the said Products the Products are held by the Buyer in a fiduciary relationship as bailee of the said Products on behalf of the Company.
D.
Whilst any payment in respect of the said Products howsoever and where so ever arising remains outstanding the Company may at any time and from time to time until ownership has passed require the said Products to be returned to the Company and the Company may take possession of the Products and may enter the premises of the Buyer for such purpose and sever the Products from anything to which they are attached without being liable or responsible for any damage howsoever arising thereby caused.
6. Delivery
A.
The Company will deliver Products to the address provided by the Buyer on the order as soon as possible after the order is accepted and in any event within 30 days of the day after the order was placed unless a later date is agreed with the Buyer.
B.
The Company is entitled to make partial delivery or deliveries by installments. Where delivery of Products is made in installments, each installment shall be construed as constituting a separate agreement to which all the provisions in the Conditions shall apply.
7. Unwanted, Defective or Incorrect Goods
A.
It is the Buyers right to a cooling off period of 7 working days after receipt of the order. This is the Buyers opportunity to inspect the Products and the Buyers right to cancel the Contract.
B.
The Buyer must inspect the Products as soon as reasonably practicable after delivery and shall within 7 working days of such despatch give notice to the Company of any defect in the Products or of any other complaint which the Buyer may wish to make about the Companies service.
C.
If the Buyer fails to give such notice, the Products shall be conclusively presumed to be in all respects in accordance with the Contract and free from any defect, which would be apparent on reasonable examination, and the Buyer shall be deemed to have accepted the Products accordingly.
D.
On cancellation of the Contract, the Buyer is under a duty to return the Products to the Company whilst taking reasonable care of the Products. The Company must receive all returns within 30 days of notice to the Company. Any item received after that time may be deemed unacceptable.
E.
If the Buyer refuses to return the Products the Buyer will incur the cost to the Company of recovering the Products.
F.
In no circumstances shall the Company be liable to compensate the Buyer by way of damages or otherwise for non-delivery or late delivery of the Products or for any loss consequential or otherwise arising from non-delivery or late delivery.
G.
If on delivery to the Buyer the Products are found to be defective, the Company will incur any subsequent delivery costs, and on the request of the Buyer, provide a full refund or replacement to the Buyer provided that the Company agrees that the Products are defective and that the defective nature of the Product is not due to mis-use or modification or negligence whilst the Buyer is considered the bailee of the said Products on behalf of the Company.
8. Export
A.
The Buyer is responsible at their own expense for any import charge imposed by the customs authority of the country to which the goods are to be delivered.
B.
Any contract with the Company is to be governed solely by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
9. Force Majeure
A.
The Company shall not be liable to the Buyer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Products, provided that the delay or failure was due to any cause beyond the Companies reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions, or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes involving a third party; difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
10. Law
A.
All contracts between the Company and the Buyer shall be governed by and interpreted in accordance with English Law and the Buyer submits to the exclusive jurisdiction of any competent Court in England.
11. Notice
A.
Any notice required to be given by either party to the other under these conditions shall be addressed to that other party at its registered office or last known principal place of business or such other address as may at the relevant time be notified pursuant to this provision to the party giving the said notice.
B.
Any provision of these conditions that may be held by any competent authority to be invalid or unenforceable in whole or in part will not render invalid such other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
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