Terms & Conditions
Terms & Conditions for Gallus Online Limited (or Gallus) t/a Office Boffins
Terms and Conditions of Sale
1. Terms & Conditions
1.1 These terms and conditions relate to all goods supplied to you after you have placed an order by telephone, through this website (“the Site”) or through any associated websites which are owned and operated by Gallus Online Limited trading as Office Boffins (“Gallus Online”, “OfficeBoffins”, “OfBof” “we” or “us”). These terms and conditions set out the terms of the contract between you, the customer or Site user (“you”) and us. These terms and conditions together with our policies and your order confirmation which we will send to you by email form the agreement between you and us (“the Agreement”). If you place an order by telephone, we will ask you for an email address, send you an order confirmation by email. If you do not provide us with an email address, we will dispatch the items you have ordered directly to you.
1.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except in writing signed by us or our duly authorised representative.
1.3 These terms and conditions may be varied by us at any time by posting amended terms and conditions to our Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
1.4 Our employees and agents are not authorised to make any representations concerning the goods we supply unless confirmed by us in writing. You agree that you have not relied on any such representations before placing an order.
1.5 Each order you place with us will be a separate order and contract between us, any default by us in relation to one order will not entitle you to terminate another order.
2. Ordering and Payment
2.1 Preferred method of payment is by credit/debit card or cheque. A credit account can be opened providing you have been trading for one year and are registered for VAT and can provide the necessary trade references. All Government bodies including Councils, Schools, Universities, NHS etc. qualify for instant credit facilities. Once an account has been opened terms are net cash within 30 days of date on invoice. We accept VISA, Mastercard, Delta, Switch, Solo, JCB and VISA Electron.
2.2 The seller's catalogue and website is an offer to treat only. Any contract shall consist of the buyer's order and the seller's acceptance thereof. Any order accepted by the seller shall be subject to the seller's conditions of sale and no other conditions shall apply unless expressly agreed in writing by the seller.
2.3 Your order is an offer to buy from us, once you place an order, we will send you an email to confirm that we have received your order, and we will send you a subsequent email to confirm that your order has been fulfilled and despatched. There will be no contract of any kind between you and us unless and until we take payment from you, fulfil and despatch your order. A binding agreement will come into force between you and us when we email you to confirm that your order has been fulfilled and despatched. At any point up until then, we may decline to supply the goods to you without giving any reason. If we take payment and subsequently fail to dispatch the goods for any reason, we will refund you in full.
2.4 You accept the accuracy of any orders placed with us. It is your responsibility to check our confirmation of receipt of order to ensure that the order is accurate.
2.5 At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods.
2.6 The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item or a collection of items, we will not be liable to supply an item to you at the stated price provided that we notify you before we dispatch the item concerned.
2.7 Our prices are calculated based on current costs including the cost of materials, labour, delivery, insurance and other costs. We reserve the right to increase our prices at any time up to despatch of an order arising from any factor beyond our control including any increase in our costs. Please note also that we reserve the right to increase our prices in the event that you request any change or variation in the goods or services supplied and that we are not obliged to accept any such request.
2.8 Your credit/debit card details will be encrypted by us, or our partners to minimise the possibility of unauthorised access or disclosure.
2.9 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2.10 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item
2.11 We remind you that we are under a legal duty to supply goods which are in conformity with our contract with you.
3. Prices, Price Promises and Price Matching
3.1 Quoted prices include free delivery anywhere within the UK mainland, excluding the Highlands and Islands (unless stated on the website).
3.2 For deliveries outside this area, and overnight deliveries where requested, a carriage charge will be levied. The prices invoiced will be those currently charged by the seller at the date of despatch.
3.3 Although every effort is made to ensure the prices stated in the website are correct, should an error on price occur, and an order is placed, you will be informed and given the option of continuing the order at the correct price or cancelling the order. All prices are subject to VAT. All packing is non-returnable.
3.4 From time to time we may offer price promises under which we agree to match prices with our competitors. Please note that any such price promises are subject to the following conditions:
3.4.1 The price match must be claimed before placing an order, we do not provide refunds for orders which have been placed.
3.4.2 The two products must be identical and sold with the same service conditions. (The comparable price must apply to an identical product in terms of manufacturer, model, size and colour.)
3.4.3 The comparison-price product offered by our competitor must be an item that is actually held in stock (rather than an item only available to order)
3.4.4 The comparison product must be brand new and priced under the same promotional terms as the Gallus product, i.e., without carriage charges, with or without VAT and with reference to any costs relating to the number of products originally purchased.
3.4.5 We will not match sale or promotional offer prices
3.4.6 You are responsible for the providing us with all the information necessary to support your claim.
3.4.7 We will require a reasonable amount of time to verify the request
3.4.8 Any price matching will apply to the UK-mainland only unless we specify otherwise.
3.4.9 Sellers that trade on a different basis to Gallus (e.g. indirect sellers and resellers using auction and marketplace sites) are not considered to be equivalent competitors. Their prices are therefore excluded from consideration. The published prices of companies who are going out of business or closing down, are in financial difficulties, or in administration or liquidation are also excluded from this guarantee.
3.4.10 We reserve the right to reject an application for any price matching offer if, in our opinion, the quoted prices are unverifiable and the terms of the sale are not considered identical
3.4.11 We reserve the right to withdraw any price match offer or guarantee at any time.
3.4.12 Promotion Terms & Conditions, Gallus reserves the right to cancel or amend any promotions at any time.
4.1 Prices and specifications quoted on our website are subject to change at any time, for any reason, and we will not be obliged to supply goods at the price and specification set out on our website.
4.2 Please note that all descriptions, specifications, drawings, photos and details of weights and dimensions which are included in our materials are approximate only.
4.3 Such descriptions whilst given as a guide, in good faith, are subject to alteration by the seller without notice, in particular all weights and dimensions are approximate only.
4.4 All maximum load capacities stated are for evenly distributed loads only.
4.5 Please note also that it is virtually impossible to accurately portray the precise colour of goods in an internet image, due to differing screen resolutions, monitor capabilities, and variations from batch to batch. We endeavour to give the best portrayal of colour, but we cannot accept colour or shade differences as evidence of defects.
5. Credit Accounts
5.1 These terms and conditions apply to all credit accounts and goods supplied on credit by Gallus Online Limited (“we”, “Office Boffins” or “Gallus”) to you, the credit account customer (“you”). These terms and conditions are in addition to the terms and conditions which apply to the sale of any goods by Gallus Online which are available at www.officeboffins.co.uk
5.2 We require payment in full in advance for all orders unless we have agreed to open a credit account for you. All credit accounts and goods provided on credit are provided at our sole discretion and subject to ongoing approval. We reserve the right to refuse credit, even to existing credit account customers, at any time.
5.3 Our agreement with you is not regulated by the Consumer Credit Act. We will only supply goods on credit to business, professional, not-for-profit and public sector customers. We do not supply goods on credit to consumers. By opening a credit account, you agree and accept that you are not dealing with us as a consumer.
Information Required and Credit Checks
5.4 In order to open a credit account with us you may be required to supply us with references and such other information as we may request in our credit account application form.
5.5 We reserve the right to carry out a credit reference search on you and any personal guarantors before opening the account. We may update this search at any time.
5.6 You agree that all information you supply in your credit account application, is true, complete and not misleading.
5.7 When we open your credit account, we will inform you of your credit limit and we reserve the right to adjust this limit at any time for any reason and to withdraw a credit account at any time, for any reason.
5.8 In order to open a credit account for business or professional customers all of the directors of the customer company or members of the customer LLP (or if there are more than three directors or members at least three of such directors or members) may be required to provide Gallus Online Limited with a personal guarantee and to sign the credit account application form indicating that they are prepared to guarantee the obligations of the credit account customer. These individual(s) are referred to as the “guarantors”.
5.9 By signing the credit account application form each guarantor is agreeing to these terms and conditions in full. The liability of the guarantors shall be joint and several.
5.10 If at any time a guarantor ceases to have any involvement with the customer as director, shareholder or member they will continue to be liable to us under this clause unless we have agreed to replace the guarantor with another individual.
5.11 Please note that credit limits are subject to increase and any guarantor will be liable for the full obligations of the customer to us plus interest and costs and liability will not be limited to the amount of the original credit limit.
5.12 In exchange for Gallus Online agreeing to provide items on credit to the credit account customer each of the guarantors agrees (as a primary obligation) that they irrevocably and unconditionally:
5.12.1 agree to ensure the full and prompt performance of the obligations of the credit account customer and the punctual payment of all sums payable by the credit account customer to us;
5.12.2 will guarantee as a continuing guarantee to us the due and punctual performance and observance by the credit account customer of each of the credit account customer’s obligations under these terms or arising in consequence of any breach of its agreement with us;
5.12.3 agree to indemnify us on demand against all losses which we may incur arising from or in connection with any breach by the credit account customer of any of its obligations to us or in enforcing any of our rights under these terms;
5.12.4 agree that if and each time that the credit account customer fails to make any payment to us when it is due, the guarantors shall on demand (without requiring us to first to take steps against the credit account customer or any other person) pay that amount together with interest at the rate set out below to us;
5.12.5 that the liability of the guarantors shall be joint and several and shall not be released or diminished in whole or in part by anything which, but for this provision, might operate to affect their liability, including without limitation:
(a) any variation of these terms;
(b) any forbearance or neglect or delay by us in seeking the performance of any obligations of the credit account customer or any other agreement or arrangement between the credit account customer and us or any other person;
(c) any unenforceability or invalidity of any obligation of the credit account customer, so that this clause shall be construed as if there were no such unenforceability or invalidity.
5.12.6 agree that any guarantee under this clause 5 shall remain in force until the credit account is closed or we agree otherwise in writing.
Payment of Invoices
5.13 All credit balances will be payable within 30 days of the end of the month in which we submit our invoice to you. If you fail to make payment within our credit period, we will immediately cancel your credit account and pursue you for the unpaid sum.
5.14 We will charge interest at the rate of 8% above the base lending rate of the Bank of England on any overdue sums.
Risk and Title
5.15 Property of the goods remains with the seller until full payment has been received by the seller. Until full payment is received Gallus Limited may at any time recover the goods and may enter the buyer's premises for this purpose.
5.16. Nevertheless, the risk in the goods passes to the buyer on delivery and the buyer shall promptly affect and maintain in the joint names of the parties, insurance of the goods against loss or damage in their full invoice price until final payment.
5.17 If you are a credit account customer then:
5.17.1 risk of damage to or loss of the goods shall pass to you when the goods or any part thereof are despatched for delivery to you, notwithstanding that we may arrange for delivery; and
5.17.2 property in the goods shall not pass to you until we have received payment in full (in cash or cleared funds payment) for the goods and all other goods agreed to be sold by us to you for which payment is then due
5.17.3 until the property in the goods passes to you, you will hold the goods as our fiduciary agent and bailee, and shall keep the goods separate from other goods and properly stored, protected and insured and identified as our property. Until that time, you will be entitled to resell or use the goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the goods, including insurance proceeds, and shall keep all such proceeds separate from any other moneys or property and, in the case of tangible proceeds, property stored, protected and insured;
5.17.4 until the property in the goods passes to you (and provided the goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the goods to us and, if you fail to do so immediately, we reserve the right to enter upon any premises where the goods are stored and repossess the goods and to dismantle the same (without being liable for any damage caused by so doing)
5.17.5 You will not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain our property, but if you do so all moneys owing by you to us will forthwith become due and payable.
5.17.6 You will at our request assign to us any right of action against any third party in respect of moneys due for such goods or products.
5.18 We reserve the right to cancel or suspend any credit account or order and any further deliveries without liability and if the items have been delivered but not paid for the full price and any outstanding credit balances shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary, if you:
5.18.1 commit any act of bankruptcy or enter into any liquidation (other than for the purpose of reconstruction or amalgamation);
5.18.2 are subject to the appointment of an administrator, administrative receiver or liquidator;
5.18.3 are unable to pay your debts as they fall due;
5.18.4 have an administration order or receiving order made against you or have a receiver of all or any of your undertakings or assets appointed;
5.18.5 make or negotiate for any composition or arrangement with or assignment for the benefit of your creditors;
5.18.6 present a petition or have a petition presented by a creditor for your winding-up;
5.18.7 call any meeting of your creditors, or make or negotiate for any composition or arrangement with or assignment for the benefit of your creditors; or
5.18.8 cease to carry on business.
5.19 You (and each guarantor) agree to indemnify (and keep indemnified) Gallus Online Limited on demand against any costs, claims, damages, liabilities and expenses (including legal fees on a full indemnity basis), which Gallus may sustain, suffer or incur arising from any default whatsoever by you or any guarantor of these terms and conditions or any other terms and conditions of Gallus which are applicable to the sale of goods supplied pursuant to the credit account.
6 Delivery Time
6.1 Times quoted are so quoted in good faith but shall be non-binding.
6.2 To facilitate a prompt delivery all despatches will be made direct from either the point of manufacture or distribution.
6.3 The seller shall not be liable for any losses incurred by the buyer or any other person as a result of any delay in the delivery of the goods or any part of the order for any reason whatsoever.
6.4 The due performance of the contract is subject to cancellation or such variation as the seller may find necessary as the result of instructions or lack of instructions from the buyer, or as a result of industrial dispute or of any cause whatsoever beyond the seller's reasonable control.
6.5 The seller reserves the right to make partial deliveries.
6.6 Notification of non-delivery must be made in writing within 7 days of invoice date and for shortages or damage within 3 days of receipt of goods. Failing this no claims will therefore be entertained.
7. Delivery and Access
7.1 In accordance with normal transport practices all goods will be delivered to the goods inwards department or reception on the ground floor and off-loading facilities must be provided by the customer.
7.2 If further transfer or installation is required, particularly for large and heavy items, this must be requested at the time of ordering and an additional charge will be levied.
7.3 A signed consignment note constitutes delivery of goods, please check that the number of boxes received, corresponds with the delivery note before signing.
7.4 Delivery will be made to the address specified by you on the completed order form, however, we do not deliver to PO boxes. Our delivery charges will be specified at the time the order is placed.
7.5 We can only delivery to the door of the delivery address, we cannot carry orders up flights of stairs or use a lift.
7.6 A number of our orders are delivered on a pallet. Please advise us at the time of ordering if a pallet delivery is unsuitable.
7.7 Pallet deliveries are a kerb side delivery service only. The driver is not authorised to carry goods up or down steps or through a building. However, the driver can wheel the pallet truck (across a smooth surface) to try and get it as close to the delivery address as possible. The driver will not remove the goods from the pallet or take the pallet away.
7.8 Drivers are not permitted to drive their vehicle off road.
7.9 We may, at our sole discretion, allow collection of items you have ordered from our premises but we reserve the right to refuse any request for collection and to impose such conditions in relation to a collection from our premises as we see fit.
7.10 When you place an order, we may not be able to provide an exact date at the time you order, if so then we will endeavour to provide you with an approximate delivery time.
7.11 We will endeavour to deliver items within the United Kingdom within the specified time but we are not able to guarantee any specific delivery date. Whilst we make every effort to deliver all your goods at the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
7.12 Where the items are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole as terminated.
7.13 If you fail to take delivery of the items or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we reserve the right to:
7.13.1 attempt to redeliver the items to you and charge you an additional delivery fee; or
7.13.2 treat your contract with us as terminated and refund the price of the items to you less our costs and charges (including our delivery charge and our reasonable costs arising from your failure to take delivery); or
7.13.3 store the items until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
7.13.4 sell the items at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
7.14 If you have selected a Next Day delivery option and the option is available and we have confirmed that we will despatch the item for Next Day delivery and we fail to make delivery on the specified date then we will refund the additional delivery cost but we will not be liable for any further damages or costs.
7.15 Whilst we will use reasonable endeavours to deliver the items on the agreed date, we will not be liable for any failure to deliver on the stated date or at the stated time.
8. Warranty and Returns
8.1 Please see our Returns Policy for more information about our policy in relation to returns. Goods will be accepted back for credit only with the express permission of Office Boffins. Please contact us for instructions on point of delivery. Credit shall not be given for goods received damaged. The buyer shall unless otherwise stated be responsible for the cost of the return carriage of all goods returned which shall be at the risk of the buyer until actual receipt of the goods to Office Boffins. Proof of return delivery will remain with the buyer and we reserve the right to charge for incomplete returns, orders placed in error or not wanted (goods must be returned in their original packaging, unused, unassembled and in a resaleable condition).
8.2 We warrant that items you order from us will be free of defects in manufacture and workmanship for a period of one year following receipt by you of the items. Please note that this warranty is subject to limitations as set out in clause 11 of these terms and conditions.
8.3 You have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, our Returns Policy explains how to do this. Please note that in many cases our own returns policy may be applicable or may be more suitable for your requirements.
8.4 Defective items should be notified to us within 30 days (unless the defect is not obvious within that time period). If items have transit damage, this should be notified to us within 3 working days.
8.5 You will not be permitted to return any items unless we are notified within the time periods set out in clause 8.2 to 8.4 (save where the item was materially defective on delivery but the defect was not obvious within the above time periods).
8.6 Products that are classified as 'Made to Order' or are personalised to a customer's requirements are exempt from the Gallus Online Ltd returns policy, unless damaged or faulty. Refused deliveries of these products are not eligible for a credit. If you need to cancel your made-to-order items for any reason, this can only be accommodated within 24 hours of placing the order. Office Boffins will charge a cancellation fee as it is unlikely that we could re-sell made-to-order items to another customer. Please contact Office Boffins for details.
The above conditions do not affect your statutory rights when goods are faulty, or not as described.
9.1 Except as herein expressly provided and as provided by law, the seller does not supply goods with the benefit of any term, warranty or condition, express or implied, as to the merchantability of the goods or their suitability for any purpose whatsoever.
9.2 As far as it is able the seller will assign to the buyer all rights conferred on it by any of its suppliers. Insofar as quality of materials used in goods manufactured for the seller is concerned, the seller shall have the option to repair, replace (or at its sole discretion refund to the buyer the price of the goods without any further liability) parts agreed by it as being defective, and which have been returned to it, carriage paid, within a minimum period of 1 year from the date of delivery to the buyer's works.
9.3 Goods subjected to fair wear and tear, misuse, defective maintenance, alteration or modification, are excluded from this guarantee. Goods covered are subject to single shift working only.
9.4 In no case shall the liability of the seller hereunder exceed that of the actual manufacturer of the particular goods or parts thereof.
9.5 Any liability on the part of the seller is subject to terms of payment being met.
10. Cancellation and changes prior to delivery
You can cancel or change any of your current orders prior to dispatch by contacting us on email@example.com
11. Our Liability
11.1 Subject as expressly provided in these conditions, and where you are not dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.2 Where items are sold under a consumer transaction your statutory rights are not affected.
12 Your Data
12.1 Gallus Online Ltd trading as Office Boffins use the data that you provide to facilitate trading or deliver good with your company and offer a professional service on a regular basis. Your data will never be passed on or sold to a third party except where it is essential to deliver a product (e.g., delivery company.)
12.2 You authorise Office Boffins to use the data in which you have provided them with.
12.3 This shall be used for both businesses trading together and for any other reasons related to order processing (e.g., delivery of goods via carrier) and all with in compliance of the General Data Protection Regulation 2018 and the Data Protection Act 1998.
12.4 Furthermore, we confirm that we (Office Boffins) are ourselves compliant with the General Data Protection Regulation 2018 and the Data Protection Act 1998 and our suppliers have confirmed their GDPR compliance.
12.5 We hold the following information with in our systems that may include:
- Company Contact Details (Name, Address, Email)
- Company Contacts for sales, purchasing and accounts
- Bank Account Details (if applicable)
- Company Details (VAT and Company Registration Number)
- Company Terms and Conditions,
- Handbooks and Policies
12.6 This data is held in our secure systems and select Office Boffins staff are the only people who can view this data. Data is also held within Accounts Software and Order Software, both of which are securely backed up by our onsite dedicated IT department.
12.7 If ordering on behalf of a third party, you give us permission to use their delivery details, solely for the fulfilment of the order.
13 Consequential loss
13.1 Except in respect of death or personal injury caused by the seller's negligence, or as herein provided, the seller shall not be liable to the buyer for any consequential loss or damage (whether for loss or profit or otherwise) costs or expenses or their claims for consequential loss whatsoever which arise out of or in connection with the supply of the goods or their use or re-sale.