9.1 All Goods purchased through Our Site will normally be delivered within 60 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 15). Please note that unexpected delays in the manufacturing process and the delivery of the Goods by our manufacturing supplier are outside our control.
9.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
9.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
9.2.2 If you do not collect the Goods or rearrange delivery within seven (7) working days, We will contact you to ask you how you wish to proceed.
9.2.3 If we cannot contact you or arrange redelivery or collection, We will in the first instance store the Goods at your expense pending instructions from you. If this happens, We shall be entitled to apply additional Delivery Charges to your Order to reflect our reasonable actual costs in storing, processing, administering and handling the Goods and to invoice you for these additional Delivery Charges, including amounts referable to a per diem charge for storage.
9.2.4 Exceptionally, if We cannot contact you for an extended period and in any case longer than one (1) calendar month, We may sell the Goods to defray Our Delivery Charges and any additional cost and expenses We have been obliged to incur in relation to the Goods. We will conduct such sale in good faith and in a reasonable commercial manner, but We shall not be under a duty to achieve the best price for the Goods. The proceeds of such sale (after the expenses of such sale and of any commission payable to any person) shall be the Net Sale Proceeds.
9.2.5 If the Net Sale Proceeds exceed the aggregate of Our Delivery Charges and any additional cost and expenses We have been obliged to incur in relation to the Goods, We shall pay to you the amount of any such excess, PROVIDED THAT you have paid for the Goods and are not otherwise indebted to Us. If you have not paid for the Goods, We shall be entitled to retain the Net Sale Proceeds up to the amount of your debt to Us.
9.2.6 Conversely, if the Net Sale Proceeds are less than the aggregate of Our Delivery Charges and any additional cost and expenses We have been obliged to incur in relation to the Goods, We shall be entitled to invoice you for any shortfall and for the reasonable additional cost that We incur in handling, dealing with, storing, displaying for sale and selling the Goods.
9.2.7 Notwithstanding any provision of this Clause 10, you will remain liable to Us for the agreed price of the Goods and any applicable VAT or other taxes or duties.
9.3 In the unlikely event that We fail to deliver the Goods within 60 of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
9.3.1 We have refused to deliver your Goods; or
9.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
9.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
9.4 If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
9.5 You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within a reasonable period. Please note that if any cancelled Goods are for any reason delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
9.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the delivery address provided by you including, where relevant, any alternative address you have provided.
9.7 Ownership of the Goods passes to you once we have received payment in full of all sums due to us under these Terms of Sale or otherwise (including any applicable Delivery Charges and any sums due in respect of other Goods ordered or purchased by you from Us).
9.8 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.