Dart Professional together with any subsidiaries of the parent company, Remedix UK Ltd (“we” “us” “our”) are committed to protecting and respecting your privacy. For the purposes of data protection legislation, we are the data controller and we will process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and national laws which relate to the processing of personal data. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
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1. YOUR PERSONAL INFORMATION
i. Whenever you provide information to us when reporting a problem with our Site, making a complaint, making an enquiry or contacting us for any other reason. If you contact us, we may keep a record of that correspondence;
ii. When you complete forms on our website (“Site”). This includes your name, address, telephone number and email address which is provided at the time of registering to use our Site, where you ask us to contact you about our goods or services, subscribe to our mailing list, or subscribe/request goods or services;
iii. Whenever you disclose your information to us, or we collect information from you in any other way, through our Site.
iv. Details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access.
v. We may also collect data in the following ways:
- IP Address: We may collect information about your device, including where available your Internet Protocol address, for reasons of fraud protection. We may also collect information about your device’s operating system and browser type, for system administration and to improve the service. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
2. HOW WE USE PERSONAL INFORMATION
We may use the personal information that you provide when you enquire or register:
i. to deal with your enquiry or application
ii. to provide you with appropriate services you requested from us and these may include sending your further information,
iii. ensure that content from our Site is presented in the most effective manner for you and for your device;
iv. for the purpose of research and to help us plan and improve our services. We may contact you ourselves or ask outside research agencies to do so on our behalf.
v. contact you for marketing purposes where you have signed up for these
i. We will collect details such as your name, address, financial or payment information, telephone number and email address when you order goods or services from us either via our Site or when you purchase or collect goods
in store. We will use this information to process your order and comply with our contractual obligations.
ii. In order to perform our contract with you (such as providing you with goods and/or services), we may also need to share personal data with third parties such as payment providers, postal service organizations, electronic receipts provider, product review platform, email service provider, customer referral platform, appointments builder, gift card service and a healthcare tool to assist in the delivery of goods or services you have ordered;
iii. We may also advertise your feedback on our website and marketing materials (subject to obtaining your prior consent where necessary);
iv. We will retain your information as long as we require this to provide you with the goods or services ordered from us and for a period of six years afterwards.
v. Where you have subscribed to receive marketing correspondence from us we will keep your personal data for the period of time described in Section 6 below.
4. SUPPLIERS, AFFILIATES AND DISTRIBUTORS
We will collect details such as contact names, address, email, phone numbers, and payment information in order to contact you about goods or services ordered with you, to place further orders and to pay you for the goods and/or services supplied. We will keep the personal data for 6 years further to being provided with the goods/services.
5. FAILURE TO PROVIDE PERSONAL DATA OR FALSE DATA
i. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide the data when requested, we may not be able to perform the contract we have or are trying to enter
into with you (for example to provide you with our goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
ii. If you provide false or inaccurate information and we suspect fraud, we will record this and we reserve the right not to supply you with goods or services.
i. In addition to the uses described in sections 1 – 5 above, where you indicate you would like to receive marketing correspondence from us, for example when you’ve purchased a product or service, subscribed to our
mailing lists or newsletters, enter into any of our competitions or provided us with your details we may use your personal data for our legitimate interests in order to provide you with details about our goods, services, business updates
and events which we think may be of interest.
ii. You have the right to opt-out of receiving the information detailed in section 6.1 at any time. To opt-out of receiving such information you can:
- click the unsubscribe button contained in any such communication received; or
- email us at firstname.lastname@example.org or call (+44) 020 3488 3132 providing us with your name and contact details.
iii. Where you have indicated you would like to receive marketing material from us we will use your personal data for three years from when you last engaged with us, such as opening one of our marketing emails. You can always unsubscribe or update your preference from receiving marketing if you no longer want to hear about offers from us.
7. MONITORING AND RECORDING
i. We may monitor and record communications with you (such as telephone communications and emails) for the purpose of quality assurance, training, fraud prevention and compliance. We also have CCTV cameras installed in our
premises for the purpose of crime prevention and for health and safety reasons. We retain such information for up to three years.
ii. Recorded communication may be used to help us improve our services through staff training.
8. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
We will only use your personal data where the law allows us to. Most commonly, we will use your personal data in the following circumstances:
i. for performance of a contract we enter into with you;
ii. where necessary for compliance with a legal or regulatory obligation we are subject to;
iii. to protect your vital interests; and
iv. for our legitimate interests (as described within this policy) and your interests and fundamental rights do not override these interests
9. DISCLOSURE TO PERSONAL DATA TO THIRD PARTIES
i. We will not sell or distribute personal data to other organizations without your approval.
ii. In addition to the third parties mentioned above, we may disclose your information to third parties for our following legitimate interests as follows:
- to staff members in order to facilitate the provision of goods or services to you;
- to third party companies in order to facilitate the provision of goods or services to you;
- to our affiliated entities to support internal administration;
- IT software providers that host our website and store data on our behalf;
- professional advisers including consultants, lawyers, bankers and insurers who provide us with consultancy, banking, legal, insurance and accounting services;
- HM Revenue and Customs, regulators and other authorities who require reporting of processing activities in certain circumstances; and
iii. In order to fulfill your order we may need to transfer some or all of your personal data to a third party company who has operations both inside and outside of the European Economic Area (‘EEA’). We will only work with
companies who can demonstrate that their operations outside of the EEA offer adequate levels of data and privacy protection and that there is a lawful basis for transferring your data outside of the EEA.
iv. We may disclose personal data to the police, regulatory bodies, legal advisors or similar third parties where we are under a legal duty to disclose or share personal data in order to comply with any legal obligation, or in order to enforce or apply our website terms and conditions and other agreements; or to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
10. DATA SECURITY
i. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with
ii. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted to our Site; any transmission is at your own risk.
iii. Information you provide to us is shared on secure servers. We have subscribed to appropriate physical, technical and organizational measures designed to secure your information against accidental loss and unauthorized access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors and other third parties that have a legitimate business need for such access.
iv. We take security very seriously. All staff are made aware of the security procedures they must follow when handling personal information.
11. ACCESS TO, UPDATING, DELETING AND RESTRICTING USE OF PERSONAL DATA
i. It is important that the personal data we hold about you is accurate and current. Please keep us informed if the personal data we hold about you changes.
ii. Data protection legislation gives you the right to object to the processing of your personal data in certain circumstances or withdraw your consent to the processing of your personal data where this has been provided. You also have the right to access information held about you and for this to be provided in an intelligible form. We reserve the right to charge a reasonable fee to comply with your request. This is currently set as a fee of £10 (Ten GB Pounds)
iii. You can also ask us to undertake the following:
- Update or amend your personal data if you feel this is inaccurate;
- Remove your personal data from our database entirely;
- Send you copies of your personal data in a commonly used format and transfer your information to another entity where you have supplied this to us, and we process this electronically with your consent or where necessary for the performance of a contract; or
- Restrict the use of your personal data.
iv. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal data that we hold about you or make your requested changes. Data protection legislation
may allow or require us to refuse to provide you with access to some or all the personal data that we hold about you or to comply with any requests made in accordance with your rights referred to above. If we cannot provide you with access
to your personal data, or process any other request we receive, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
v. You should address your request to: Dart Professional, Remedix UK Limited, 152-160 City Road EC1V 2NX London, United Kingdom Email email@example.com
12. RIGHT TO WITHDRAW CONSENT
Where you have provided your consent to the collection, processing and transfer of your personal data, you have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, please contact us at firstname.lastname@example.org
i. A cookie is a small data file. Cookies cannot read your hard disk or make any information collected by use of a cookie available to any third party. A cookie can only be read by the organization that installs it.
ii. Some parts of our website store a cookie on your computer to track user traffic patterns. We do this in order to determine the usefulness of our website and to see how effective our navigational structure is. We do not release this information to third parties.
iii. If you prefer not to receive cookies while browsing our website, you can set your browser to refuse all cookies that are stored on your computer. You do not need to have cookies turned on to use or navigate through many parts of our website. Remember, turning off Cookies in your browser will affect all websites not just this one. If you later decide you’d like to allow Cookies, then simply adjust your browser settings and continue using the website; Cookies will then be sent to and from our website.
iv. If you are a registered customer or affiliate and wish to sign in to password protected websites you will need to allow “per-session” cookies. These are only stored on your computer for the duration of your visit and are deleted when you close your browser or sign out of our website.
Last updated: 24th May 2018
Terms & Conditions
Use of our website and the sale and purchase of goods or services from the website, by mail order or by telephone are governed by our terms and conditions as set out below.
Remedix Group UK Limited,
152-160 City Road London, United Kingdom EC1V 2NX
(Company number: 09961577)
“We” or “Our” means Dart Professional – Remedix (UK) Limited. “You” or “Your” means the person accessing, using or ordering products or services from any of our websites, by telephone or by mail order, though any of our affiliates or distributors.
By using our mail order facilities, telephone order facilities, or various web sites you agreed to these terms and conditions and accept that such usage shall be governed by English law and subject to the exclusive jurisdiction of the English courts. Nothing in these conditions affects your statutory consumer rights.
- Prices, description and availability of goods
All prices are shown or quoted in GBP (Pounds Sterling).Goods are sold subject to availability. Both price and availability information is subject to change without notice, hence any subsequent purchases of the same product cannot be guaranteed at the same price. If goods are temporarily out of stock we will endeavour to offer you a refund on the item, shipping when it is available, or an alternative product. We take the utmost care to ensure product descriptions, pictures, prices and information are accurate, and we do not accept liability for inaccuracies, errors or omissions. Colours may vary.
We can only accept orders from and despatch goods to addresses within the UK, Northern Ireland and Isle of Man.
1.1 Products – New and Refurbished Guarantee
Dart new and refurbished products are guaranteed against defects in material and workmanship for a period of twelve months in case of new products and three months in case of refurbished products from the date of original purchase or receipt as a gift. Blades are not covered under this guarantee. The guarantee becomes invalid in the case of misuse, modification or repair by unauthorised persons. Should this product become defective during the warranty period, return it to the store of purchase for repair or replacement without any charge to you. This guarantee in no way affects your rights under statutory law in the United Kingdom.
Dart refurbished products are factory-renewed products that have been restored to their original factory specifications and thoroughly tested and inspected by qualified technicians. Sometimes refurbished products have slight cosmetic blemishes that do not impact their performance. Refurbished products may not be in the original product and will contain accessories as listed in the product description which includes an instruction booklet.
Dart sales are new, unopened products that are discounted. Products on sale are guaranteed against defects in material and workmanship for a period of twelve months from the date of original purchase or receipt as a gift. The guarantee becomes invalid in the case of misuse, modification or repair by unauthorised persons. Should this product become defective during the warranty period, return it to the store of purchase for repair or replacement without any charge to you. This guarantee in no way affects your rights under statutory law in the United Kingdom.
- Sales tax
Value Added Tax (VAT) is calculated at the current rate on shipping destination. It is included in the price for orders shipped to the UK including Northern Ireland.
- Payment methods
All prices are in GBP and are inclusive of VAT. Delivery costs, where applicable, are payable by you as indicated on your invoice. No contract exists between you and Dart Professional – Remedix (UK) Limited until we accept the order by taking payment for the goods or service. Payment for goods or services ordered by telephone or internet must be made by one of the following credit or debit cards: Mastercard, Visa (including Delta), Switch or Maestro. Payment by cheque is only accepted for mail order products or services. We do not accept payment by instalment for any items or services. We will not supply products or services until payment is authorised and we reserve the right to verify the identity of the credit card holder. Dart Professional – Remedix (UK) Limited retain the right to decline orders without giving an explanation. If your order is declined or cancelled after the payment has been processed, a refund will be issued. Credit / debit card transactions for orders outside the UK are converted by the card company at their current exchange rates.
We will deliver the order to the specified delivery address. Your order will be automatically dispatched by UK Standard 2nd Class Delivery and will be delivered within 3-5 working days. If there is not enough stock to fulfil your order, a representative will contact you. We shall not be liable for any direct, indirect or consequential loss, damage, costs or expenses caused by failure to deliver in accordance with the delivery or shipment dates given. If you order more than one product, your order may be despatched separately and may be delivered to you at different times.
The goods or service will be at your risk from the time of delivery. However, ownership of the goods will only pass to you on delivery, provided we have received full payment.
Delivery Costs All orders received online will incur a delivery charge as stated. Orders for finished products, spares or accessories received by telephone or mail will also be subject to our standard delivery charge. If you require your order to be dispatched by 1st Class Delivery you must request this at the time of purchase and pay an increased delivery charge.
- Returns Policy
We know that you will be pleased with your purchases. However, there may be occasions when you will need to return items to us. Please use the returns form on our website.
If your product is damaged. Contact our Customer Service Team to advise them of the damage within 48 hours of receipt. Arrangements will be made for the return of the damaged item and a replacement product will be organised.
If your product is Faulty If you suspect a fault with your product please refer to the instruction booklet or check our website as it may be a common problem that is easily resolved. Alternatively please email our Customer Services Department for assistance. If the problem cannot be resolved and the product is confirmed as faulty, the Customer Services Team will offer a replacement. Any products developing a fault within the guarantee period should be returned to our Customer Services Team who will arrange a repair or replacement provided you have proof of purchase and the fault is confirmed by our technicians. When a repair or replacement is provided there will be no extension of the guarantee period.
If your product is lost in transit: When a product is despatched but fails to reach the customer, a replacement will be sent at no additional cost, or a full refund (incl. delivery charges) will be offered.
Your right to cancel If you no longer require the product you may return it for a refund or exchange, subject to payment of the transportation charges and provided you:-
- Cancel your order within 7 working days of receiving the goods by notifying Dart Professional – Remedix (UK) Limited in writing either by post to the address marked above, for the attention of the Customer Service Department; by email to email@example.com
- Have proof of purchase (original receipt, delivery note, etc).
- Return the goods to us, with the original packaging. You will be responsible for returning the goods to us at your own cost.
It is your responsibility to ensure the goods are delivered to us and are not damaged in transit. We suggest that you obtain proof of posting for your own records. Please note that failure to take reasonable care of the goods may deem them unacceptable for return. Any hygiene seals must be intact. If the goods are returned used, you will lose your right to cancel. We will provide an exchange, or refund the full purchase price plus any standard delivery charges paid at the time of ordering to the card originally used for the purchase within 14 days of Dart Professional – Remedix (UK) Limited receiving the goods. If a product is sold as part of a product combination including free or discounted items, the bundled products must all be returned to Dart Professional – Remedix (UK) Limited. We reserve the right to raise an invoice in respect of any free or discounted products not returned. In addition we have the right to retain any charge paid for services which have already begun or have been completed.
Products supplied in error or incomplete: If you believe you have received an incorrect product please contact our Customer Service Team between 8:00am and 5:00pm Monday to Friday on 020 3488 3132 or email firstname.lastname@example.org. Any return postage for errors will be at our cost.
Product Returns: If you receive a faulty product or wish to cancel an order and do not return the product to us or fail in your statutory duty to take reasonable care of the item, we reserve the right to make a claim against you for breach of your statutory duty.
Refunds: Refunds will be issued on the payment method used at the time of purchase. If your product return is due to an error on our part or because it’s damaged or defective, we will refund the initial delivery charges and return carriage costs (either by a pre-paid return label). If you are withdrawing from your purchase within 7 working days and there is no error on our part, we will refund the cost of the item and any delivery charges. We will not refund the costs in returning the item to us, or other services provided to you in connection with your purchase. Payment will be refunded within 14 days of our receipt of the order cancellation notice.
If you have any queries, please contact our Customer Services Department, 8am to 5pm Monday to Friday on 020 3488 3132 alternatively e-mail us at email@example.com.
Guarantee: We guarantee that our products will be of satisfactory quality within the meaning of the Sale of Goods Act 1994. Details of the guarantee period offered with your product will be specified in the instruction booklet. Please note that blade wear, batteries and other consumables are not covered under the terms of our guarantee.
Should you have a complaint with the service or product we provide please contact our Customer Service Team by:-
- E-mail: firstname.lastname@example.org
- Telephone: 020 3488 3132 (Our lines are open 08-00am to 5.00pm Monday to Friday)
- Post: Dart Professional – Remedix (UK) Limited 152-160 City Road EC1V 2NX London, United Kingdom
We aim to:-
- Acknowledge complaints within 5 working days
- Advise you how long it will take to resolve the complaint
- Keep you informed throughout the process
- Trademarks and copyright
All third party copyright, trademarks, brand names, product names and titles on this website are acknowledged. This website is protected by Copyright and the Copyright, Trademarks, logos and Intellectual Property rights for the content of the Dart Professional website are the property of Remedix (UK) Limited. ALL RIGHTS RESERVED. Any use, printing or copying of materials on this website, other than in the course of browsing, selecting products and ordering from us, is strictly prohibited. Any framing of this website is prohibited.
Security is one of our highest priorities and we take every precaution to protect your personal information both online and offline. Information requested when registering or ordering goods (including your credit / debit card details) is encrypted with SSL (Secure Socket Layer), the industry standard encryption software. To help us keep your personal information strictly confidential you should keep your password secret. While we use SSL encryption to protect sensitive information online, we also protect your personal details off-line. All employees are kept up-to-date on our security and privacy practices. If you have any questions about the security at our website, you can send an e-mail to: email@example.com
- Privacy Statement
This privacy statement applies solely to information collected through this website.
9.1. Information Collection and Use
We are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalised shopping experience. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998 under which we are registered. We will not sell, share, or rent this information to others other than as disclosed in this statement. During the registration or ordering process we collect some or all of the following information:
- Your name and address
- Your contact telephone numbers (to enable us to contact you in the event of a query)
- Your e-mail address
- For credit / debit card purchases your card details
We will confirm your personal details on our acknowledgement of order. If you have registered you may check, amend or remove your personal details by clicking the login button. If you are not registered you may check, amend or remove your personal details by e-mailing: firstname.lastname@example.org or writing to us. By registering or ordering through our website you consent to the collection and processing of your personal details by us.
9.2. Registration and Newsletter
Registration is required to use our website. To speed up future purchases and avoid retyping your details you should register with us and we will store your personal details securely with access protected by a user name and password. We send all new members a welcoming e-mail to verify Username and password. When registering you may opt to receive regular newsletters, marketing information, special offers and website updates from us. If you wish to receive these without ordering please register anyway. If you no longer wish to receive our newsletter or promotional materials you may opt-out of receiving these communications by e-mailing us at: email@example.com
A Cookie is a piece of data containing information about the user which may be stored on the user’s hard drive. We do not use persistent Cookies which are stored on your computer, but we do use temporary per session, Cookies for tracking your searches, shopping basket items and checkout details. If you have your per session cookies turned off or have set the highest level of security in your browser settings you may be unable to purchase items from our site.
9.4. Log Files
We use IP addresses to analyse trends, administer the website, track user’s movement, and gather broad demographic information. IP addresses are not linked to personally identifiable information.
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
9.6. Links to / from 3rd party websites
We are not responsible for and accept no liability for the content or privacy practices of any linked website which is not owned and maintained by us. We encourage our users to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information.
9.8. Surveys & Contests
From time-to-time our website requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes and may be used to send you marketing or promotional materials where indicated. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this website.
- Notification of Changes
The contract will be governed by the laws of England and Wales and you agree to submit to the jurisdiction of the English courts.
These terms and conditions do not affect your statutory rights as a consumer.
Remedix (UK) Limited is a registered in England. Company registration number:
Distributors Terms & Condition
DISTRIBUTORS TERMS AND CONDITIONS
Application and entire agreement
- These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Dart Professional Hair Clipper) by the buyer (you) from – Remedix Group Limited a company registered in England and Wales under number 09961577 whose registered office is at 152-160 City Road, London, United Kingdom, EC1V 2NX (we or us).
- These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
- These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
- Words imparting the singular number include the plural and vice-versa.
- The description of the Goods (Dart Professional Hair Clipper) is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
- We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
- The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
- If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
- Any increase in the Price under the clause above will only take place after we have told you about it.
- You may be entitled to discounts. Any and all discounts will be at our discretion.
- The Price is inclusive of fees for packaging and transportation / delivery.
- The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and alteration
- Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
- The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 3 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
- Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
- We will invoice you for the Price either:
- on or at any time after delivery of the Goods; or
- where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
- You must pay the Price within 28 days of the date of our invoice or otherwise according to any credit terms agreed between us.
- You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
- If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
- Time for payment will be of the essence of the Contract between us and you.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
- Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
- If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
- Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
- If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
- store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
- make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
- after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
- If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
- Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.
Inspection and acceptance of Goods
- You must inspect the Goods on delivery or collection.
- If you identify any damages or shortages, you must inform us in writing within 7 days of delivery, providing details.
- Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
- Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
- We will be under no liability or further obligation in relation to the Goods if:
- if you fail to provide notice as set above; and/or
- you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
- the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
- the defect arises from normal wear and tear of the Goods; and/or
- the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
- You bear the risk and cost of returning the Goods.
- Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 2 days after delivery.
Risk and title
- The risk in the Goods will pass to you on completion of delivery.
- Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
- Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
- As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
- We can terminate the sale of Goods under the Contract where:
- you commit a material breach of your obligations under these Terms and Conditions;
- you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
- you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
- you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
Limitation of liability
- Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
- Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
- If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
- Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
- We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
- any indirect, special or consequential loss, damage, costs, or expenses; and/or
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
- any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
- any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
- The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices will be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Circumstances beyond the control of either party
- Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
- No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.