Terms & Conditions
These terms and conditions are the contract between you and Arco Products Ltd
(“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They
protect your rights as well as ours.
I / We are Arco Products Ltd, a company registered in the United Kingdom, number
15349919. Our address is Suite 4 First Floor, 393-395 Lincoln Road, Peterborough,
PE1 2PF.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you
should leave Our Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Consumer” means any individual who, in connection with this
agreement, is acting for a purpose which is outside
his business.
“Content” means the textual, visual or audio content that is
encountered on Our Website. It may include, among
other things: text, images, sounds, videos and
animations.
“Extra Work” means all of the work we do and materials we buy to
prepare or produce Specified Goods.
“Goods” means any of the goods we offer for sale on Our
Website, or, if the context requires, goods we sell to
you. It includes Specified Goods.
"Intellectual Property" means intellectual property of every sort, whether or
not registered or registrable in any country, including
intellectual property of kinds coming into existence
after today; and including, among others, designs,
copyrights, software, discoveries, know-how, together
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with all rights which are derived from those rights.
"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.
“Specified Goods” means Goods which have been subject to work or
process to your specific order.
“Our Website” means any website of ours, and includes all web
pages controlled by us.
2. Interpretation
Unless the context clearly requires otherwise, the interpretation of this
agreement shall be subject to the matters listed below.
2.1. a reference to one gender shall include any or all genders and a
reference to the singular may be interpreted where appropriate as a
reference to the plural and vice versa.
2.2. a reference to a person includes a human individual, a corporate entity
and any organisation which is managed or controlled as a unit.
2.3. the headings to the paragraphs of this agreement are inserted for
convenience only and do not affect the interpretation.
2.4. in the context of permission, “may not” in connection with an action of
yours, means “must not”.
2.5. any agreement by either 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.
2.6. a reference to an act or regulation includes new law of substantially the
same intent as the act or regulation referred to.
2.7. 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 £100 per hour.
2.8. these terms and conditions apply to all supplies of Goods by us to you.
They prevail over any terms proposed by you.
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3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and
supersedes all previous agreements and understandings between the
parties.
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.
3.5. 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. We advise you to print a copy for your records.
3.6. 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.
3.7. 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.
4. Acceptance of your order
4.1. This paragraph applies to Goods which you buy from us as advertised,
without change to your specific requirements.
4.2. Your order is an offer to buy from us.
AND EITHER
4.3. We shall accept your order by e-mail confirmation. That is when our
contract is made. Our message will also confirm details of your
purchase and tell you when we shall despatch your order.
AND
4.4. At any time before the Goods are despatched, we may decline to
supply the Goods to you without giving any reason.
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4.5. If we do not have all of the Goods you order in stock, we will offer you
alternatives. If this happens you may:
4.5.1 accept the alternatives we offer;
4.5.2 cancel all or part of your order.
5. Extra Work and approval of Proof / Sample
5.1. This paragraph applies to Specified Goods.
5.2. Our contract to supply Specified Goods is a contract for both the supply
of Goods and the Extra Work you have asked us to do.
5.3. Nothing said or done by us is an acceptance of an order until we
confirm clear acceptance in writing, giving you details of our
understanding of your exact requirements. At any point up until then,
we may decline your order without giving any reason. From that time,
we are both bound to these contract terms.
5.4. If you wish to make any change to the specification of the Extra Work,
you must pay us the sum we estimate that the change will cost us,
based on our then current charging rates.
5.5. If you terminate this agreement before the Specified Goods are
complete, you agree to pay us for all of the Extra Work to the date of
cancellation by you. In addition you will pay us a mark-up of 30% of the
total cost of Extra Work.
6. Prices
6.1. Prices of Goods are shown on Our Website.
6.2. It is possible that the price may have increased from that posted on
Our Website. If that happens, we will not dispatch the Goods until you
have confirmed that you wish to buy at the new price.
6.3. Prices include value added tax. If you show by your delivery address
that you reside outside the United Kingdom, VAT will be deducted at
the payment point.
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7. Payment
7.1. We will not split an order. We require the full price of your order before
we will send any part of it.
7.2. 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.
7.3. Any information given by us in relation to exchange rates are
approximate only and may vary from time to time.
7.4. If, by mistake, we have under-priced Goods, we will not be liable to
supply those Goods to you at the stated price, provided that we notify
you before we dispatch it to you.
7.5. 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.
7.6. 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 14 days from the date when we accept that repayment is
due.
8. Security of your credit card
We take care to make Our Website safe for you to use.
8.1. 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.
8.2. If you have asked us to remember your credit card details in readiness
for your next purchase or subscription, we will securely store your
payment details on our systems. These details will be fully encrypted
and only used to process your automatic monthly payments or other
transactions which you have initiated.
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9. Cancellation and refunds
Please note that this paragraph does not apply to any Specified Goods you
order through Our Website.
This and the following paragraph apply if you buy as a consumer as defined in
the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013. Provided the Regulations apply to the transaction
concerned, then the following terms apply to the contract.
9.1. We now inform you that information relating to all aspects of our Goods
is not in this document but in our marketing material, whether that is in
the medium of Our Website or in hard copy.
9.2. The following rules apply to cancellation of your order:
9.2.1 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.
9.2.2 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.
9.2.3 We will return your money subject to the following conditions:
9.2.3.1 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.
9.2.3.2 you comply with our procedure for returns and
refunds. We cannot return your money unless we
know who sent them.
9.3. The option to cancel your order is not available:
9.3.1 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;
9.3.2 if they are a hard medium for a product in soft copy, which
comes to you sealed and is returned to us unsealed.
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9.3.3 If the Goods are somehow mixed with other goods so that we
cannot identify or easily separate them.
9.4. 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.
9.5. In any of the above scenarios, we will return your money within 14
days.
10. Liability for subsequent defects
10.1. Please examine the Goods received from us immediately you receive
them. If you do not tell us of any defect or problem within 30 days of
receipt of the Goods, we shall assume that you have accepted them.
10.2. The procedure to return the faulty Goods is as follows:
10.2.1 the Goods must be returned to us as soon as any defect is
discovered but not later than six months from receipt by you.
10.2.2 before you return the Goods to us, please carefully re-read the
instructions and check that you have followed guides correctly,
provided accurate information and are using the Goods in the
intended manor.
10.2.3 please follow the returns procedure which we will send to you
as soon as you notify us that you wish to return them.
10.3. We will return your money subject to the following conditions:
10.3.1 we receive the Goods with labels and packaging intact.
10.3.2 you comply with our returns procedure. We cannot return your
money unless we know who sent them.
10.3.3 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.
10.4. If any defect is found, then we shall:
10.4.1 repair or replace the Goods, or
10.4.2 refund the full cost you have paid including the cost of
returning the Goods.
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11. Delivery
11.1. Goods are delivered within 30 days from the day you place an order to
purchase the Goods.
11.2. Delivery of Goods will be made by the carrier to the address stipulated
in your order. You must ensure that someone is present to accept
delivery.
11.3. 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.
11.4. We may deliver the Goods in instalments if they are not all available at
the same time for delivery.
11.5. Goods are sent at our risk until signed for by you or by any other
person at the address you have given to us unless you have instructed
us in the order process that you wish us to leave the Goods without an
acceptance signature (for example: “leave it in the garage”).
11.6. Goods are sent by post. We will send you a message by email to tell
you when we have despatched your order.
11.7. 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.
11.8. Signing "Unchecked", "Not Checked" or similar is not acceptable.
11.9. 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.
11.10. Some Goods will be delivered direct from the manufacturer who will
contact you to arrange delivery. When delivery of the Goods has been
arranged directly with the manufacturer, you will be subject to the
manufacturer's delivery policy.
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11.11. Some Goods 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.
11.12. Time for delivery specified on the order, if any, is an estimate only and
time shall not be of the essence.
12. Foreign taxes and duties
12.1. If you are not in the UK, we have no knowledge of, and no
responsibility for, the laws in your country.
12.2. 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.
13. Goods returned
These provisions apply if you buy from us other than being a Consumer. The
following rules apply to return the faulty Goods:
13.1. 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.
13.1.1 Before you return Goods to us, please carefully re-read the
instructions and check that you have followed guides correctly,
provided accurate information and are using the Goods in the
intended manor.
13.2. So far as possible, Goods should be returned:
13.2.1 with both Goods and all packaging as far as possible in their
original condition;
13.2.2 securely wrapped;
13.2.3 including our delivery slip
13.2.4 at your risk and cost.
13.3. You must tell us by email message to an updated email address found
on Our Website that you would like to return Goods, specifying exactly
what Goods and when purchased, and giving full details of the defect
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or other reason for return. We will then issue a returns note. If you send
Goods to us without a returns note, we may not be able to identify
sufficient details to enable us to attend to your complaint.
13.4. In returning faulty Goods please encloses with it a note clearly stating
the fault and when it arises or arose.
13.5. Most of the Goods are covered by the manufacturer's guarantee for a
minimum of 12 months. Please first check the plug, fuse, batteries and
the manufacturer's operating instructions.
13.6. If we agree that the Goods are faulty, we will:
13.6.1 refund the cost of return carriage;
13.6.2 repair or replace the Goods as we choose.
13.7. 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.
14. Waste Electronic and Electrical Equipment
Regulations 2013
14.1. These regulations provide that suppliers like high street shops and
internet retailers must allow Consumers to return their waste
equipment free of charge.
14.2. Our obligation is to take back from you any electronic or electrical
product when you buy a replacement product for similar use.
14.3. 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.
15. How we handle your Content
15.1. Our privacy policy is strong and precise. It complies fully with the Data
Protection Act 2018 which is available on Our Website.
15.2. If you Post Content to any public area of Our Website it becomes
available to the public domain. We have no control who sees it nor
what anyone does with it.
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15.3. You now irrevocably authorise us to publish feedback, comments and
ratings about your activity through Our Website, even though it may be
defamatory or critical.
15.4. Posting Content of any sort does not change your ownership of the
copyright in it. We have no claim over it and we will not protect your
rights for you.
15.5. You understand that you are personally responsible for your breach of
someone else’s intellectual property rights, defamation, or any law,
which may occur as a result of any Content having been Posted by
you;
15.6. You accept all risk and responsibility for determining whether any
Content is in the public domain and not confidential.
15.7. Please notify us of any security breach or unauthorised use of your
account.
16. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different
purposes. We have to regulate your use of Our Website to protect our
business and our staff, to protect other users of Our Website and to comply
with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do
protect our business vigorously. If we believe Content Posted breaches the
law, we shall co-operate fully with the law enforcement authorities in whatever
ways we can.
You agree that you will not use or allow anyone else to use Our Website to
Post Content or undertake any activity which is or may:
16.1. be unlawful, or tend to incite another person to commit a crime;
16.2. consist in commercial audio, video or music files;
16.3. be sexually explicit or pornographic;
16.4. be likely to deceive any person or be used to impersonate any person,
or to misrepresent your identity, age or affiliation with any person;
16.5. give the impression that it emanates from us or that you are connected
with us or that we have endorsed you or your business;
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16.6. be made on behalf of some other person, or impersonate another
person;
16.7. request or collect passwords or other personal information from
another user without his permission, nor Post any unnecessary
personal information about yourself;
16.8. be used to sell any goods or services or for any other commercial use
not intended by us, for yourself or for any other person. Examples are:
sending private messages with a commercial purpose, or collecting
information with the intention of passing it to a third party for his
commercial use;
16.9. include anything other than words (i.e. you will not include any symbols
or photographs) except for a photograph of yourself in your profile in
such place as we designate;
16.10. link to any of the material specified in this paragraph;
16.11. use distribution lists that include people who have not given specific
permission to be included in such distribution process;
16.12. send age-inappropriate communications or Content to anyone under
the age of 18.
17. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or
remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
17.1. hyperlinks, other than those specifically authorised by us;
17.2. keywords or words repeated, which are irrelevant to the Content
Posted.
17.3. the name, logo or trademark of any organisation other than yours.
17.4. inaccurate, false, or misleading information;
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18. Removal of offensive Content
18.1. For the avoidance of doubt, this paragraph is addressed to any person
who comes on Our Website for any purpose.
18.2. We are under no obligation to monitor or record the activity of any user
of Our Website for any purpose, nor do we assume any responsibility
to monitor or police Internet-related activities. However, we may do so
without notice to you and without giving you a reason.
18.3. If you are offended by any Content, the following procedure applies:
18.4. your claim or complaint must be submitted to us in the form available
on Our Website, or contain the same information as that requested in
our form. It must be sent to us by post or email.
18.4.1 we shall remove the offending Content as soon as we are
reasonably able;
18.4.2 after we receive notice of a claim or complaint, we shall
investigate so far as we alone decide;
18.4.3 we may re-instate the Content about which you have
complained or we may not.
18.5. In respect of any complaint made by you or any person on your behalf,
whether using our form of complaint or not, you now irrevocably grant
to us a licence to publish the complaint and all ensuing
correspondence and communication, without limit.
18.6. you now agree that if any complaint is made by you frivolously or
vexatiously you will repay us the cost of our investigation including
legal fees, if any.
19. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
19.1. modify, copy, or cause damage or unintended effect to any portion of
Our Website, or any software used within it.
19.2. link to Our Website in any way that would cause the appearance or
presentation of the site to be different from what would be seen by a
user who accessed the site by typing the URL into a standard browser;
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19.3. download any part of Our Website, without our express written
consent;
19.4. collect or use any product listings, descriptions, or prices;
19.5. collect or use any information obtained from or about Our Website or
the Content except as intended by this agreement;
19.6. aggregate, copy or duplicate in any manner any of the Content or
information available from Our Website, other than as permitted by this
agreement or as is reasonably necessary for your use of Our Website;
19.7. share with a third party any login credentials to Our Website;
19.8. Despite the above terms, we now grant a licence to you to:
19.8.1 create a hyperlink to Our Website for the purpose of promoting
an interest common to both of us. You can do this without
specific permission. This licence is conditional upon your not
portraying us or any product or service in a false, misleading,
derogatory, or otherwise offensive manner. You may not use
any logo or other proprietary graphic or trademark of ours as
part of the link without our express written consent.
19.8.2 you may copy the text of any page for your personal use in
connection with the purpose of Our Website.
20. Disclaimers
20.1. The law differs from one country to another. This paragraph applies so
far as the applicable law allows.
20.2. 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.
20.3. We make no representation or warranty for:
20.3.1 any implied warranty or condition as to merchantability or
fitness of the Goods for a particular purpose;
20.3.2 the adequacy or appropriateness of the Goods for your
purpose.
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20.4. 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.
20.5. 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.
20.6. We shall not be liable to you for any loss or expense which is:
20.6.1 indirect or consequential loss; or
20.6.2 economic loss or other loss of turnover, profits, business or
goodwill, even if such loss was reasonably foreseeable or we
knew you might incur it.
20.7. This paragraph (and any other paragraph which excludes or restricts
our liability) applies to our directors, officers, employees,
subcontractors, agents and affiliated companies (who may enforce this
provision under the Contracts (Rights of Third Parties) Act 1999 /
Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to
us.
20.8. If you become aware of any breach of any term of this agreement by
any person, please tell us by contact via Our Website. We welcome
your input but do not guarantee to agree with your judgement.
21. Your account with us
21.1. You agree that you have provided, and will continue to provide
accurate, up to date, and complete information about yourself. We
need this information to provide you with the Goods.
21.2. If you use the website, you are responsible for maintaining the
confidentiality of your account and password and for preventing any
unauthorised person from using your computer.
21.3. You agree to accept responsibility for all activities that occur under your
account or password. You should tell us immediately if you believe
some person has accessed your account without your authority and
also log in to your account and change your password.
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22. Indemnity
You agree to indemnify us against all costs, claims and expense arising
directly or indirectly from:
22.1. your failure to comply with the law of any country;
22.2. your breach of this agreement;
22.3. any act, neglect or default by any agent, employee, licensee or
customer of yours;
22.4. a contractual claim arising from your use of the Goods;
22.5. a breach of the intellectual property rights of any person.
23. Intellectual Property
23.1. Copyright works owned by you or a third party are unaffected by this
agreement.
23.2. The Intellectual Property in all work we do in the process leading to
completion of the Specified Goods and in the completed Specified
Goods belongs to us.
23.3. If you change or create derivative versions of the Specified Goods, the
Intellectual Property in those changed or derived versions also belongs
to us.
23.4. We now grant an exclusive license to you to use the Intellectual
Property in the Specified Goods for a period of 99 years. You may not
assign this licence except by way of sale or transfer of the Specified
Goods.
24. Dispute resolution
The following terms apply in the event of a dispute between the parties:
24.1. If you are not happy with our services or have any complaint then you
must tell us by email message to an updated email address which you
will find on Our Website.
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24.2. 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.
25. Miscellaneous matters
25.1. When we communicate with you we do so by email. You agree that
email communications are contractually binding in the same way as
properly signed and dated paper sent by post.
25.2. Where we provide goods or services without specific charge to you,
then it (or they) is deemed to be provided free of charge, and not to be
associated with any other goods or service for which a charge is made.
Accordingly, there is neither contractual nor other obligation upon us in
respect of those goods or that service.
25.3. 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.
25.4. The rights and obligations of the parties set out in this agreement shall
pass to any permitted successor in title.
25.5. Any obligation in this agreement intended to continue to have effect
after termination or completion shall so continue.
25.6. 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.
25.7. 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.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
25.8. This agreement does not give any right to any third party under the
Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third
Parties) (Scotland) Act 2017 or otherwise.
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25.9. We shall not be liable for any failure or delay in performance of this
agreement which is caused by circumstances beyond our reasonable
control, including any labour dispute between a party and its
employees.
25.10. 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.
25.11. The validity, construction and performance of this agreement shall be
governed by the laws of England and Wales / Scotland / Northern
Ireland and you agree that any dispute arising from it shall be litigated
only in that country.
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013, you have the right to cancel this contract within 14 days without
giving any reason.
The cancellation period will expire 14 days after the contract was made. That means
you can cancel before you have downloaded the product or we have delivered it to
you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication
concerning your exercise of the right to cancel before the cancellation period has
expired.
To exercise the right to cancel, you must inform us of your decision to cancel this
contract by a clear statement, sent to us by post or e-mail.
You may use the attached model cancellation form, but you can use your own words
as long as your intention is clear.
(“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They
protect your rights as well as ours.
I / We are Arco Products Ltd, a company registered in the United Kingdom, number
15349919. Our address is Suite 4 First Floor, 393-395 Lincoln Road, Peterborough,
PE1 2PF.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you
should leave Our Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Consumer” means any individual who, in connection with this
agreement, is acting for a purpose which is outside
his business.
“Content” means the textual, visual or audio content that is
encountered on Our Website. It may include, among
other things: text, images, sounds, videos and
animations.
“Extra Work” means all of the work we do and materials we buy to
prepare or produce Specified Goods.
“Goods” means any of the goods we offer for sale on Our
Website, or, if the context requires, goods we sell to
you. It includes Specified Goods.
"Intellectual Property" means intellectual property of every sort, whether or
not registered or registrable in any country, including
intellectual property of kinds coming into existence
after today; and including, among others, designs,
copyrights, software, discoveries, know-how, together
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with all rights which are derived from those rights.
"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.
“Specified Goods” means Goods which have been subject to work or
process to your specific order.
“Our Website” means any website of ours, and includes all web
pages controlled by us.
2. Interpretation
Unless the context clearly requires otherwise, the interpretation of this
agreement shall be subject to the matters listed below.
2.1. a reference to one gender shall include any or all genders and a
reference to the singular may be interpreted where appropriate as a
reference to the plural and vice versa.
2.2. a reference to a person includes a human individual, a corporate entity
and any organisation which is managed or controlled as a unit.
2.3. the headings to the paragraphs of this agreement are inserted for
convenience only and do not affect the interpretation.
2.4. in the context of permission, “may not” in connection with an action of
yours, means “must not”.
2.5. any agreement by either 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.
2.6. a reference to an act or regulation includes new law of substantially the
same intent as the act or regulation referred to.
2.7. 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 £100 per hour.
2.8. these terms and conditions apply to all supplies of Goods by us to you.
They prevail over any terms proposed by you.
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3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and
supersedes all previous agreements and understandings between the
parties.
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.
3.5. 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. We advise you to print a copy for your records.
3.6. 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.
3.7. 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.
4. Acceptance of your order
4.1. This paragraph applies to Goods which you buy from us as advertised,
without change to your specific requirements.
4.2. Your order is an offer to buy from us.
AND EITHER
4.3. We shall accept your order by e-mail confirmation. That is when our
contract is made. Our message will also confirm details of your
purchase and tell you when we shall despatch your order.
AND
4.4. At any time before the Goods are despatched, we may decline to
supply the Goods to you without giving any reason.
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4.5. If we do not have all of the Goods you order in stock, we will offer you
alternatives. If this happens you may:
4.5.1 accept the alternatives we offer;
4.5.2 cancel all or part of your order.
5. Extra Work and approval of Proof / Sample
5.1. This paragraph applies to Specified Goods.
5.2. Our contract to supply Specified Goods is a contract for both the supply
of Goods and the Extra Work you have asked us to do.
5.3. Nothing said or done by us is an acceptance of an order until we
confirm clear acceptance in writing, giving you details of our
understanding of your exact requirements. At any point up until then,
we may decline your order without giving any reason. From that time,
we are both bound to these contract terms.
5.4. If you wish to make any change to the specification of the Extra Work,
you must pay us the sum we estimate that the change will cost us,
based on our then current charging rates.
5.5. If you terminate this agreement before the Specified Goods are
complete, you agree to pay us for all of the Extra Work to the date of
cancellation by you. In addition you will pay us a mark-up of 30% of the
total cost of Extra Work.
6. Prices
6.1. Prices of Goods are shown on Our Website.
6.2. It is possible that the price may have increased from that posted on
Our Website. If that happens, we will not dispatch the Goods until you
have confirmed that you wish to buy at the new price.
6.3. Prices include value added tax. If you show by your delivery address
that you reside outside the United Kingdom, VAT will be deducted at
the payment point.
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7. Payment
7.1. We will not split an order. We require the full price of your order before
we will send any part of it.
7.2. 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.
7.3. Any information given by us in relation to exchange rates are
approximate only and may vary from time to time.
7.4. If, by mistake, we have under-priced Goods, we will not be liable to
supply those Goods to you at the stated price, provided that we notify
you before we dispatch it to you.
7.5. 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.
7.6. 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 14 days from the date when we accept that repayment is
due.
8. Security of your credit card
We take care to make Our Website safe for you to use.
8.1. 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.
8.2. If you have asked us to remember your credit card details in readiness
for your next purchase or subscription, we will securely store your
payment details on our systems. These details will be fully encrypted
and only used to process your automatic monthly payments or other
transactions which you have initiated.
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9. Cancellation and refunds
Please note that this paragraph does not apply to any Specified Goods you
order through Our Website.
This and the following paragraph apply if you buy as a consumer as defined in
the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013. Provided the Regulations apply to the transaction
concerned, then the following terms apply to the contract.
9.1. We now inform you that information relating to all aspects of our Goods
is not in this document but in our marketing material, whether that is in
the medium of Our Website or in hard copy.
9.2. The following rules apply to cancellation of your order:
9.2.1 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.
9.2.2 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.
9.2.3 We will return your money subject to the following conditions:
9.2.3.1 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.
9.2.3.2 you comply with our procedure for returns and
refunds. We cannot return your money unless we
know who sent them.
9.3. The option to cancel your order is not available:
9.3.1 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;
9.3.2 if they are a hard medium for a product in soft copy, which
comes to you sealed and is returned to us unsealed.
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9.3.3 If the Goods are somehow mixed with other goods so that we
cannot identify or easily separate them.
9.4. 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.
9.5. In any of the above scenarios, we will return your money within 14
days.
10. Liability for subsequent defects
10.1. Please examine the Goods received from us immediately you receive
them. If you do not tell us of any defect or problem within 30 days of
receipt of the Goods, we shall assume that you have accepted them.
10.2. The procedure to return the faulty Goods is as follows:
10.2.1 the Goods must be returned to us as soon as any defect is
discovered but not later than six months from receipt by you.
10.2.2 before you return the Goods to us, please carefully re-read the
instructions and check that you have followed guides correctly,
provided accurate information and are using the Goods in the
intended manor.
10.2.3 please follow the returns procedure which we will send to you
as soon as you notify us that you wish to return them.
10.3. We will return your money subject to the following conditions:
10.3.1 we receive the Goods with labels and packaging intact.
10.3.2 you comply with our returns procedure. We cannot return your
money unless we know who sent them.
10.3.3 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.
10.4. If any defect is found, then we shall:
10.4.1 repair or replace the Goods, or
10.4.2 refund the full cost you have paid including the cost of
returning the Goods.
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11. Delivery
11.1. Goods are delivered within 30 days from the day you place an order to
purchase the Goods.
11.2. Delivery of Goods will be made by the carrier to the address stipulated
in your order. You must ensure that someone is present to accept
delivery.
11.3. 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.
11.4. We may deliver the Goods in instalments if they are not all available at
the same time for delivery.
11.5. Goods are sent at our risk until signed for by you or by any other
person at the address you have given to us unless you have instructed
us in the order process that you wish us to leave the Goods without an
acceptance signature (for example: “leave it in the garage”).
11.6. Goods are sent by post. We will send you a message by email to tell
you when we have despatched your order.
11.7. 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.
11.8. Signing "Unchecked", "Not Checked" or similar is not acceptable.
11.9. 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.
11.10. Some Goods will be delivered direct from the manufacturer who will
contact you to arrange delivery. When delivery of the Goods has been
arranged directly with the manufacturer, you will be subject to the
manufacturer's delivery policy.
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11.11. Some Goods 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.
11.12. Time for delivery specified on the order, if any, is an estimate only and
time shall not be of the essence.
12. Foreign taxes and duties
12.1. If you are not in the UK, we have no knowledge of, and no
responsibility for, the laws in your country.
12.2. 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.
13. Goods returned
These provisions apply if you buy from us other than being a Consumer. The
following rules apply to return the faulty Goods:
13.1. 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.
13.1.1 Before you return Goods to us, please carefully re-read the
instructions and check that you have followed guides correctly,
provided accurate information and are using the Goods in the
intended manor.
13.2. So far as possible, Goods should be returned:
13.2.1 with both Goods and all packaging as far as possible in their
original condition;
13.2.2 securely wrapped;
13.2.3 including our delivery slip
13.2.4 at your risk and cost.
13.3. You must tell us by email message to an updated email address found
on Our Website that you would like to return Goods, specifying exactly
what Goods and when purchased, and giving full details of the defect
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or other reason for return. We will then issue a returns note. If you send
Goods to us without a returns note, we may not be able to identify
sufficient details to enable us to attend to your complaint.
13.4. In returning faulty Goods please encloses with it a note clearly stating
the fault and when it arises or arose.
13.5. Most of the Goods are covered by the manufacturer's guarantee for a
minimum of 12 months. Please first check the plug, fuse, batteries and
the manufacturer's operating instructions.
13.6. If we agree that the Goods are faulty, we will:
13.6.1 refund the cost of return carriage;
13.6.2 repair or replace the Goods as we choose.
13.7. 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.
14. Waste Electronic and Electrical Equipment
Regulations 2013
14.1. These regulations provide that suppliers like high street shops and
internet retailers must allow Consumers to return their waste
equipment free of charge.
14.2. Our obligation is to take back from you any electronic or electrical
product when you buy a replacement product for similar use.
14.3. 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.
15. How we handle your Content
15.1. Our privacy policy is strong and precise. It complies fully with the Data
Protection Act 2018 which is available on Our Website.
15.2. If you Post Content to any public area of Our Website it becomes
available to the public domain. We have no control who sees it nor
what anyone does with it.
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15.3. You now irrevocably authorise us to publish feedback, comments and
ratings about your activity through Our Website, even though it may be
defamatory or critical.
15.4. Posting Content of any sort does not change your ownership of the
copyright in it. We have no claim over it and we will not protect your
rights for you.
15.5. You understand that you are personally responsible for your breach of
someone else’s intellectual property rights, defamation, or any law,
which may occur as a result of any Content having been Posted by
you;
15.6. You accept all risk and responsibility for determining whether any
Content is in the public domain and not confidential.
15.7. Please notify us of any security breach or unauthorised use of your
account.
16. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different
purposes. We have to regulate your use of Our Website to protect our
business and our staff, to protect other users of Our Website and to comply
with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do
protect our business vigorously. If we believe Content Posted breaches the
law, we shall co-operate fully with the law enforcement authorities in whatever
ways we can.
You agree that you will not use or allow anyone else to use Our Website to
Post Content or undertake any activity which is or may:
16.1. be unlawful, or tend to incite another person to commit a crime;
16.2. consist in commercial audio, video or music files;
16.3. be sexually explicit or pornographic;
16.4. be likely to deceive any person or be used to impersonate any person,
or to misrepresent your identity, age or affiliation with any person;
16.5. give the impression that it emanates from us or that you are connected
with us or that we have endorsed you or your business;
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16.6. be made on behalf of some other person, or impersonate another
person;
16.7. request or collect passwords or other personal information from
another user without his permission, nor Post any unnecessary
personal information about yourself;
16.8. be used to sell any goods or services or for any other commercial use
not intended by us, for yourself or for any other person. Examples are:
sending private messages with a commercial purpose, or collecting
information with the intention of passing it to a third party for his
commercial use;
16.9. include anything other than words (i.e. you will not include any symbols
or photographs) except for a photograph of yourself in your profile in
such place as we designate;
16.10. link to any of the material specified in this paragraph;
16.11. use distribution lists that include people who have not given specific
permission to be included in such distribution process;
16.12. send age-inappropriate communications or Content to anyone under
the age of 18.
17. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or
remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
17.1. hyperlinks, other than those specifically authorised by us;
17.2. keywords or words repeated, which are irrelevant to the Content
Posted.
17.3. the name, logo or trademark of any organisation other than yours.
17.4. inaccurate, false, or misleading information;
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18. Removal of offensive Content
18.1. For the avoidance of doubt, this paragraph is addressed to any person
who comes on Our Website for any purpose.
18.2. We are under no obligation to monitor or record the activity of any user
of Our Website for any purpose, nor do we assume any responsibility
to monitor or police Internet-related activities. However, we may do so
without notice to you and without giving you a reason.
18.3. If you are offended by any Content, the following procedure applies:
18.4. your claim or complaint must be submitted to us in the form available
on Our Website, or contain the same information as that requested in
our form. It must be sent to us by post or email.
18.4.1 we shall remove the offending Content as soon as we are
reasonably able;
18.4.2 after we receive notice of a claim or complaint, we shall
investigate so far as we alone decide;
18.4.3 we may re-instate the Content about which you have
complained or we may not.
18.5. In respect of any complaint made by you or any person on your behalf,
whether using our form of complaint or not, you now irrevocably grant
to us a licence to publish the complaint and all ensuing
correspondence and communication, without limit.
18.6. you now agree that if any complaint is made by you frivolously or
vexatiously you will repay us the cost of our investigation including
legal fees, if any.
19. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
19.1. modify, copy, or cause damage or unintended effect to any portion of
Our Website, or any software used within it.
19.2. link to Our Website in any way that would cause the appearance or
presentation of the site to be different from what would be seen by a
user who accessed the site by typing the URL into a standard browser;
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19.3. download any part of Our Website, without our express written
consent;
19.4. collect or use any product listings, descriptions, or prices;
19.5. collect or use any information obtained from or about Our Website or
the Content except as intended by this agreement;
19.6. aggregate, copy or duplicate in any manner any of the Content or
information available from Our Website, other than as permitted by this
agreement or as is reasonably necessary for your use of Our Website;
19.7. share with a third party any login credentials to Our Website;
19.8. Despite the above terms, we now grant a licence to you to:
19.8.1 create a hyperlink to Our Website for the purpose of promoting
an interest common to both of us. You can do this without
specific permission. This licence is conditional upon your not
portraying us or any product or service in a false, misleading,
derogatory, or otherwise offensive manner. You may not use
any logo or other proprietary graphic or trademark of ours as
part of the link without our express written consent.
19.8.2 you may copy the text of any page for your personal use in
connection with the purpose of Our Website.
20. Disclaimers
20.1. The law differs from one country to another. This paragraph applies so
far as the applicable law allows.
20.2. 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.
20.3. We make no representation or warranty for:
20.3.1 any implied warranty or condition as to merchantability or
fitness of the Goods for a particular purpose;
20.3.2 the adequacy or appropriateness of the Goods for your
purpose.
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20.4. 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.
20.5. 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.
20.6. We shall not be liable to you for any loss or expense which is:
20.6.1 indirect or consequential loss; or
20.6.2 economic loss or other loss of turnover, profits, business or
goodwill, even if such loss was reasonably foreseeable or we
knew you might incur it.
20.7. This paragraph (and any other paragraph which excludes or restricts
our liability) applies to our directors, officers, employees,
subcontractors, agents and affiliated companies (who may enforce this
provision under the Contracts (Rights of Third Parties) Act 1999 /
Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to
us.
20.8. If you become aware of any breach of any term of this agreement by
any person, please tell us by contact via Our Website. We welcome
your input but do not guarantee to agree with your judgement.
21. Your account with us
21.1. You agree that you have provided, and will continue to provide
accurate, up to date, and complete information about yourself. We
need this information to provide you with the Goods.
21.2. If you use the website, you are responsible for maintaining the
confidentiality of your account and password and for preventing any
unauthorised person from using your computer.
21.3. You agree to accept responsibility for all activities that occur under your
account or password. You should tell us immediately if you believe
some person has accessed your account without your authority and
also log in to your account and change your password.
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22. Indemnity
You agree to indemnify us against all costs, claims and expense arising
directly or indirectly from:
22.1. your failure to comply with the law of any country;
22.2. your breach of this agreement;
22.3. any act, neglect or default by any agent, employee, licensee or
customer of yours;
22.4. a contractual claim arising from your use of the Goods;
22.5. a breach of the intellectual property rights of any person.
23. Intellectual Property
23.1. Copyright works owned by you or a third party are unaffected by this
agreement.
23.2. The Intellectual Property in all work we do in the process leading to
completion of the Specified Goods and in the completed Specified
Goods belongs to us.
23.3. If you change or create derivative versions of the Specified Goods, the
Intellectual Property in those changed or derived versions also belongs
to us.
23.4. We now grant an exclusive license to you to use the Intellectual
Property in the Specified Goods for a period of 99 years. You may not
assign this licence except by way of sale or transfer of the Specified
Goods.
24. Dispute resolution
The following terms apply in the event of a dispute between the parties:
24.1. If you are not happy with our services or have any complaint then you
must tell us by email message to an updated email address which you
will find on Our Website.
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24.2. 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.
25. Miscellaneous matters
25.1. When we communicate with you we do so by email. You agree that
email communications are contractually binding in the same way as
properly signed and dated paper sent by post.
25.2. Where we provide goods or services without specific charge to you,
then it (or they) is deemed to be provided free of charge, and not to be
associated with any other goods or service for which a charge is made.
Accordingly, there is neither contractual nor other obligation upon us in
respect of those goods or that service.
25.3. 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.
25.4. The rights and obligations of the parties set out in this agreement shall
pass to any permitted successor in title.
25.5. Any obligation in this agreement intended to continue to have effect
after termination or completion shall so continue.
25.6. 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.
25.7. 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.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
25.8. This agreement does not give any right to any third party under the
Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third
Parties) (Scotland) Act 2017 or otherwise.
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25.9. We shall not be liable for any failure or delay in performance of this
agreement which is caused by circumstances beyond our reasonable
control, including any labour dispute between a party and its
employees.
25.10. 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.
25.11. The validity, construction and performance of this agreement shall be
governed by the laws of England and Wales / Scotland / Northern
Ireland and you agree that any dispute arising from it shall be litigated
only in that country.
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013, you have the right to cancel this contract within 14 days without
giving any reason.
The cancellation period will expire 14 days after the contract was made. That means
you can cancel before you have downloaded the product or we have delivered it to
you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication
concerning your exercise of the right to cancel before the cancellation period has
expired.
To exercise the right to cancel, you must inform us of your decision to cancel this
contract by a clear statement, sent to us by post or e-mail.
You may use the attached model cancellation form, but you can use your own words
as long as your intention is clear.