terms & conditions
Terms and Conditions
You are “Anyone who uses or visits our website”.
The terms and conditions:
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” means any website of ours, and includes all web pages controlled by us.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £20 per hour.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to our webstore.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
4.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
4.3.1 accept the alternatives we offer;
4.3.2 cancel all or part of your order.
5. Price and payment
5.2. It is possible that the price may have increased from that posted on our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. Prices include UK value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.6. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 28 days from the date when we accept that repayment is due.
6. Security of your credit card
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. Cancellation and refunds
7.2. The following rules apply to cancellation of your order:
7.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
7.2.3 We will return your money subject to the following conditions:
18.104.22.168 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
22.214.171.124 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
7.3. The option to cancel your order is not available:
7.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
7.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
7.3.3 If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
7.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.5. In any of the above scenarios, we will return your money within 14 days.
8. Liability for subsequent defects
8.2. The procedure to return the faulty Goods is as follows:
8.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
8.2.2 before you return the Goods to us, please carefully re-read the instructions and check that you have complied with any provisions relating to their use.
8.2.3 please follow the returns procedure completing the form provided on our website which will notify us that you wish to return them.
8.3. We will return your money subject to the following conditions:
8.3.1 we receive the Goods with labels and packaging intact.
8.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.
8.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
8.4. If any defect is found, then we shall:
8.4.1 repair or replace the Goods, or
8.4.2 refund the full cost you have paid including the cost of returning the Goods.
9. Delivery and pick up
9.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.3. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
9.5. Goods are sent at our risk until signed for by any other person at the address you have given to us.
9.6. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.7. Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.8. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
9.9. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.10. Some orders are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
9.11. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9.12. We are happy for you to pick up Goods from our workshop provided you make an appointment in advance and payment has been received into our bank.
9.13. If you pick up Goods from our premises then:
9.13.1 Goods are at your risk from the moment they are picked up by you or your Carrier from our workshop;
9.13.2 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person, this includes any accidental or wilful damage due to misuse or neglect.
10. Foreign taxes and duties
10.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
11. Goods returned
11.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2. Before you return the Goods to us, please carefully re-read the instructions and check that you have used the item correctly and complied with any provisions as required.
11.3. The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
11.4. So far as possible, Goods should be returned:
11.4.1 with both Goods and all packaging as far as possible in their original condition;
11.4.2 securely wrapped;
11.4.3 including our delivery slip and or your details order number and address.
11.4.4 at your risk and cost.
11.5. Detailed instructions for returning faulty Goods are on Our Website. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
11.6. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
11.7. If we agree that the Goods are faulty, we will:
11.7.1 refund the cost of return carriage;
11.7.2 repair or replace the Goods as we choose.
11.8. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12. Waste Electronic and Electrical Equipment Regulations 2013
12.2. If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.
13.1. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.2. We make no representation or warranty for:
13.2.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
13.2.3 the correspondence of the Goods with any description;
13.2.4 the adequacy or appropriateness of the Goods for your purpose.
13.3. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13.4. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
13.5.1 accuracy of any Content or the impression or effect it gives;
13.5.2 delivery of Content, material or any message;
13.5.3 privacy of any transmission;
13.5.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
13.5.5 any aspect or characteristic of any goods or services advertised on Our Website;
13.6. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
13.7. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
13.8. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
13.9. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.
13.10. If you become aware of any breach of any term of this agreement by any person, please tell us and state action required. We welcome your input but do not guarantee to agree with your judgement.
13.11. Nothing in this agreement excludes liability for a party's fraud.
14.1. your failure to comply with the law of any country;
14.2. your breach of this agreement;
14.3. any act, neglect or default by any person, agent, employee, gifted or customer of yours;
14.4. a contractual claim arising from your use or misuse of the Goods;
14.5. a breach of the intellectual property rights of any person.
15. Intellectual Property
15.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
15.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
15.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
16. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
16.1. If you are not happy with our services or have any complaint then you must tell us by email message through our website email.
16.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
16.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
17. Miscellaneous matters
17.2. Where we provide goods without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
17.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
- · if delivered by hand: on the day of delivery;
- · if sent by post to the correct address: within 72 hours of posting;
- · If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
17.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act or otherwise.
17.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
17.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.