TERMS OF USE (WEBSITE)
Terms of Use
These Terms of Use (together with and including the documents referred to in them) tell you the terms on which you may make use of our website www.totalsafes.co.uk (our site), whether as a guest or a registered user. Please read them carefully before you start to use our site. By accessing or using our site, you agree to be bound by them and to abide by them. If you do not agree to these Terms of Use, please do not continue to access or use our site.
1. Information About Us
1.1. www.totalsafes.co.uk is a site operated by Associated Security Solutions Ltd trading as Total Safes (we, Total Safes, us or our).
1.2. We are a private limited company registered in England and Wales under company number: 7638754 and our registered office is: Security House, 25 Addington Street, Manchester M4 5EU. Our main trading address is the same as our registered office address. Our VAT number is 108293518.
2. Access to Our Site
2.1. Our site is provided to you for your personal use and access is permitted on a temporary basis only. We reserve the right to withdraw or amend the service we provide on our site without notice. We cannot guarantee that our site will be available at all times and therefore we will not be liable if for any reason our site is unavailable.
2.2. We may occasionally restrict your access to our site to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
2.3. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use, and that they comply with them.
3. Registering on Our Site
3.1. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.2. To register on our site you must be over eighteen years of age.
3.3. You must ensure that the details provided by you on registration or at any time thereafter are correct and complete.
3.4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
3.5. When you register to use our site you may be asked to create, or be provided with, a user identification code or password as part of our security procedures. In order to prevent fraud, you must treat such information as confidential and you must not disclose or share it with anyone.
3.6. If we have reason to believe that there is likely to be a breach of security or misuse of our site, without prejudice to any other right or remedy we may have, we may:
3.6.1. require you to change your password or user identification code;
3.6.2. disable any user identification code or password;
3.6.3. suspend your account.
3.7. If you know or suspect that someone else knows your password or user identification code, please notify us immediately by emailing info@totalsafes.co.uk.
3.8. We may suspend or cancel your registration immediately at our reasonable discretion if you breach any of your obligations under these Terms of Use.
3.9. You can cancel your registration at any time by informing us in writing at Total Safes, Security House, 25 Addington Street, Manchester M4 5EU or by email at info@totalsafes.co.uk. If you do so, you must stop using our site.
3.10. The suspension or cancellation of your registration and your right to use our site shall not affect either party's statutory rights or liabilities.
4. Use of Our Site
4.1. You may only access and use our site for lawful purposes.
4.2. You may not use our site:
4.2.1. in any way that breaches any applicable local, national or international law or regulation or otherwise is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.2.2. to harm or attempt to harm minors in any way;
4.2.3. to send, knowingly receive, upload, download, use or re-use any material which:
(i) is threatening, abusive, defamatory, obscene, offensive, hateful or inflammatory, invades another's privacy, promotes sexually explicit material, violence or discrimination of any nature, or which may cause annoyance, inconvenience or needless anxiety, harassment, upset, embarrassment, alarm or distress to any other person;
(ii) infringes or is likely to infringe any copyright, database rights, trade marks or any other intellectual property right of any other person;
(iii) is likely to deceive any person;
(iv) is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(v) promotes any illegal activity or advocate, promote or assist any unlawful act;
(vi) is used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case;
4.2.4. to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.2.5. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other material which is malicious or technologically harmful or designed to adversely affect the operation of any software or hardware;
4.2.6. gain access without authority, interfere with, damage or disrupt, attempt the same to our site, the server on which our site is stored or any server, computer equipment, software, network or database connected to our site or attack our site via a denial-of-service attack or a distributed denial-of service attack.
4.3. If you breach Clauses 4.2.5 or 4.2.6, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
4.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
4.5. You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms of Use.
4.6. You will be responsible for our losses, costs and liabilities resulting from your breach of this Clause 4.
5. Intellectual Property Rights
5.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. You may print off one copy, and may download extracts of any page(s) from our site for your own personal non-commercial use on the following basis:
5.2.1. paper or digital copies of any materials printed off or downloaded in any way must not be modified in any way;
5.2.2. any illustrations, photographs, video or audio sequences or any graphics shall not be used separately from any accompanying text;
5.2.3. our status, copyright and trade mark notices and those of any identified contributors as the authors of such material must appear in all copies.
5.3. If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. Liability
6.1. The material displayed on our site is provided on an "as is", "as available" basis without any guarantees, conditions or warranties as to its accuracy and is not intended to amount to advice on which reliance may be placed. Any material on our site may be out of date at any given time and we are under no obligation to update such material. We and other members of our group of companies and our connected third parties to the fullest extent permitted by law expressly exclude:
6.1.1. all liability and responsibility arising from any reliance placed on materials on our site by any visitor to our site or anyone who may be informed of its contents;
6.1.2. all conditions, warranties, guarantees and other terms which might otherwise be implied by statute, common law, equity or otherwise;
6.1.3. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time;
(viii) damage to reputation; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this Clause shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.2. Nothing in these Terms of Use shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
7. Information About You and Your Visits to Our Site
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
8. Transaction Concluded Through Our Site
Contracts for the supply of goods and/or services formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Supply. Please read below:
9. Links To and From Our Site
9.1. You may link to our home page, provided you do so in a way that is fair and legal and on the basis that you link to and do not replicate our homepage and subject to the following:
9.1.1. you do not damage our reputation or take advantage of it;
9.1.2. you do not suggest any form of association, approval or endorsement on our part of you, your products and/or services;
9.1.3. you do not link from any website that is not owned by you;
9.1.4. you do not create a frame or any other browser or boarder enhancement around our site;
9.1.5. the website from which you are linking must comply in all respects with Clause 4 of these Terms of Use.
9.2. Any links to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use any third party sites or resources, you do so entirely at your own risk.
9.3. We reserve the right to withdraw linking permission without notice.
10. Breach of Terms of Use
10.1. We will determine, in our discretion, whether there has been a breach of our Terms of Use through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
10.2. Failure to comply with our Terms of Use constitutes a material breach and may result in our taking all or any of the following actions (without limitation to any other action or remedy we deem necessary):
10.2.1. the immediate, temporary or permanent withdrawal of your right to use our site;
10.2.2. the immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
10.2.3. issue of a warning to you;
10.2.4. legal proceedings against you for reimbursement of all losses, costs and liabilities on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach or any other further legal action;
10.2.5. the disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.3. We exclude our liability for actions taken in response to breaches of our Terms of Use.
11. Jurisdiction and Applicable Law
11.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
11.2. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
12. International Use
We make no promise that materials on our site are appropriate or available for use in locations outside the United Kingdom, and accessing our site from territories where its contents are illegal or unlawful is prohibited. If you choose to access our site from locations outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with all local laws.
13. Updates and Changes
We may update and/or change these Terms of Use at any time by amending this page. Any such updates and/or changes are effective immediately from the time they are included on our site. Therefore you agree to review these Terms of Use regularly to ensure you are or become aware of any such updates and/or changes. Some of the provisions contained in these terms of Use may also be superseded by provisions or notices published elsewhere on our site. If you do not wish to accept the new Terms of Use, you should not continue to use our site. If you continue to use our site after the date the updates and/or changes come into effect, your use of our site indicates your agreement to be bound by the new Terms of Use.
14. General
14.1. If any of the provisions of these Terms of Use (or any documents referred to in them) is held to be illegal, invalid or otherwise unenforceable in whole or part, by any competent court or other authority whose decisions shall have the force of law binding on us, that provision or part-provision shall, to the extent required, be deemed to be deleted and the validity or enforceability of the remainder of these Terms of Use (or any documents referred to in them) shall not be affected. If the invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provisions shall apply with the minimum modification necessary to make it valid, legal and enforceable.
14.2. Any failure or delay on our part to exercise or enforce any right in these Terms of Use does not waive our right to enforce such right.
14.3. Notwithstanding anything to the contrary contained in these Terms of Use, they shall not operate to confer any rights or benefits on any third parties other than our group companies.
14.4. Nothing in these Terms of Use is intended to or shall be deemed to create any partnership, joint venture or the relationship of principal and agent between us and you.
14.5. When using our site, you accept that communication with us will be mainly electronic. We may contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.6. All notices given by you to us must be given to us at our registered office stated in these Terms of Use. We may give notice to you at either the email or postal address you provide to us when registering on our site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. Your Concerns
If you have any concerns about material which appears on our site, please contact info@totalsafes.co.uk.
TERMS AND CONDITIONS OF SUPPLY
Terms and Conditions of Supply
This page (together with our Terms of Use and Privacy Policy) www.totalsafes.co.uk tells you the legal terms and conditions (Terms and Conditions) on which we sell any of the goods listed on our site (Goods) to you and provide any Installation (as defined in Condition 8.1 below) of the Goods. Please read them carefully before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Terms and Conditions.
Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. If you refuse to accept these Terms and Conditions, you will not be able to order any Goods from our site.
You should print a copy of these Terms and Conditions or save them to your computer for future reference.
We may amend these Terms and Conditions from time to time as set out in Condition 6. Every time you wish to order Goods, please check these Terms and Conditions to ensure you understand the terms which will apply at that time.
1. Information About Us
1.1. www.totalsafes.co.uk is a site operated by Associated Security Solutions Ltd trading as Total Safes (we, Total Safes, us or our).
1.2. We are a private limited company registered in England and Wales under company number: 7638754 and our registered office is: Security House, 25 Addington Street, Manchester, M4 5EU. Our main trading address is the same as our registered office address. Our VAT number is 108293518.
2. Our Goods
2.1. The images of the Goods on our site are for illustrative purposes only. Although every effort has been made to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the actual colour of the Goods: therefore they may vary slightly from the images on our site.
2.2. Every effort has been made to be as accurate as possible, however all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only and have a 10% tolerance.
2.3. The packaging of the Goods may vary from that shown on images on our site.
2.4. All Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if any Goods you have ordered are not available and we will not process your order in respect of those Goods.
3. Use of Our Site and Your Personal Information
3.1. Your use of our site is governed by our Terms of Use.
3.2. Any use we make of your personal information will be in accordance with our Privacy Policy.
4. Placing an Order
Consumers
4.1. This Condition 4.1 applies if you are a consumer wishing to place an order.
4.1.1. You may only purchase Goods and Installation from our site if you are at least 18 years old.
4.1.2. As a consumer, you have legal rights in relation to Goods that are faulty or not as described and Installation is not carried out with reasonable care and skill, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
Businesses
4.2. This Condition 4.2 applies if you are a business customer wishing to place an order.
4.2.1. You confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
4.2.2. These Terms and Conditions, our Privacy Policy and our Terms of Use constitute the entire agreement between you and us. You acknowledge that, in entering into any contract with us in accordance with Condition 5 below, you have not relied on any warranty, statement, promise, representation or undertaking made or given (whether innocently or negligently) by us or on our behalf which is not set out in these Terms and Conditions.
4.3. Our site is only intended for use by people resident in the United Kingdom. We do not accept orders for Goods or Installation from consumers or businesses outside the United Kingdom.
5. How the Contract is Formed Between You and Us
5.1. Our order process allows you to check and amend your order before you submit it to us. Please review each page of your order carefully and ensure that any information provided is complete and accurate.
5.2. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to purchase the Goods and (if applicable) Installation. All orders are subject to acceptance by us.
5.3. Our acceptance of your order will be confirmed to you by us by sending you an e-mail which confirms that the order has been accepted (the Order Acceptance). A contract between you and us for the purchase of the Goods and (if applicable) Installation set out in the Order Acceptance will only be formed when we send you the Order Acceptance (Contract).
5.4. For your information only, but without constituting any commitment on our part, we may also send you an email to confirm when the Goods have been dispatched, picked or packed.
5.5. The Contract will relate only to those Goods and (if applicable) Installation set out in the Order Acceptance. We will not be obliged to supply any other Goods or Installation which may have been part of your order until the order of such Goods and associated Installation has been accepted in a separate Order Acceptance.
5.6. Each Order Acceptance shall constitute a separate Contract for the supply of the Goods and (if applicable) Installation set out in that Order Acceptance.
5.7. If we are unable to supply you with any particular Goods, for example because such Goods are not in stock, no longer available, or because of an error in the price on our site (as referred to in Condition 10), we will inform you of this by e-mail and we will not process your order in relation to those Goods. If you have already paid for the Goods which are not going to be processed and you have not accepted an alternative, we will refund you the purchase price of the relevant Goods as soon as possible. If we offer an alternative at a different value you may be asked to make an additional payment if higher, or if the alternative value is less that the payment you have already made we will refund the difference as soon as possible.
5.8. We reserve the right to make any changes in the specification of Goods which are required to conform to any applicable statutory requirements.
6. Our Right to Vary these Terms and Conditions
6.1. We may revise these Terms and Conditions from time to time in the following circumstances:
6.1.1. if there are any changes in how we accept payment from you;
6.1.2. if there are any changes in relevant laws and regulatory requirements;
6.1.3. if there are any changes to our business practice.
6.2. Every time you order Goods and (if applicable) Installation from us, the Terms and Conditions in force at that time will apply to the Contract between you and us.
6.3. Whenever we revise these Terms and Conditions in accordance with this Condition 6, we will keep you informed and give you notice of this by stating that these Terms and Conditions have been amended and the relevant date of such amendments at the top of this page.
7. Cancellations, Refunds and Returns
This Condition 7 only applies if you are contracting with us as a consumer.
7.1. If you are a consumer you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the time period set out in Condition 7.3. This means that if during that period you change your mind or for any other reason you decide you do not want to keep the Goods, you can tell us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2. Please note however that the cancellation right under Condition 7.1 does not apply where you have purchased any Goods that weigh over 60kg as these require Installation and therefore your Contract can only be cancelled in accordance with Condition 7.4.
7.3. Subject to Condition 7.4 your legal right to cancel starts on the day we send you the Order Confirmation. You can cancel a Contract at any time from that day up to 7 working days (being any day on which the clearing banks in the City of London are open for business and therefore Saturdays, Sundays and public holidays in England are not included in this period) after the day you receive the Goods.
7.4. Your legal right to cancel a Contract for Goods weighing over 60kg and requiring Installation, starts on the day we send you the Order Acceptance and expires 7 working days (being any day on which the clearing banks in the City of London are open for business and therefore Saturdays, Sundays and public holidays in England are not included in this period) after this day. However if you require and/or book a date for Installation before the expiry of the cancellation period set out in this Condition 7.4, you agree that we can start providing the services for Installation. In such circumstances, you will only be able to cancel the Contract up to the date for Installation and once we have commenced Installation, you will not be able to cancel the Contract pursuant to this Condition 7.4.
7.5. To cancel a Contract, you must inform us in writing by sending an email to info@totalsafes.co.uk. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation notice is effective from the date you sent us the email.
7.6. Where you cancel a contract in accordance with Conditions 7.3 and 7.4 you will receive a full refund of the price you paid for the Goods and (if applicable) Installation and any applicable delivery charges. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation in accordance with Conditions 7.3 or 7.4.
7.7. If you have returned any Goods to us under this Condition 7 because they are faulty or mis described, we will refund the price of defective Goods in full and any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us. If the Goods have been installed by us or our employees, agents, consultants or sub-contractors we will arrange at our own cost, for the Goods to be uninstalled and removed from your premises.
7.8. All refunds will be made to the credit card, debit card or PayPal account (as applicable) used to make the purchase.
7.9. If the Goods are delivered to you:
7.9.1. you must return the Goods to us as soon as reasonably practicable;
7.9.2. unless the Goods are faulty or not as described (in which case, see Condition 7.7), you will be responsible for the cost of returning the Goods to us;
7.9.3. you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
7.10. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Acceptance.
7.11. As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described and/or Installation is not carried out with reasonable care and skill, or if the materials we use are faulty or not as described. These legal rights are not affected by the returns policy in this Condition 7 or these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.12. Returns Policy
Purchases may be returned to the company for a refund in the following manner:
- Before returning any item, the buyer must contact Total Safes in writing within Fourteen (14) days of the delivery date to log a formal report and obtain a Returns Authorisation Code (RAC) number.
No returns will be accepted without a RAC number. - Goods shall be returned to Total Safes or their named agent. ANY POSTAGE AND PACKING COSTS INCURRED ON RETURNED ITEMS ARE FOR THE BUYERS ACCOUNT AND ARE NON-REFUNDABLE.
- In order to receive a refund, your purchase must be returned in "as-new" condition, unused, in original packaging and with all manuals and accessories.
- Refund of items listed as 'free delivery' will include a deduction of the original delivery costs incurred by ourselves + admin fee. This will be no more than 20% of individual product price PLUS surcharge if delivered to a location outside UK mainland.
- Returns items that are not faulty will incur in a re-stocking charge of 20%.
- Returned items that are not faulty will incur in a re-stocking fee of 20% of the sale
- Refund of damaged items will be processed when the item has been received at our warehouse.
- Please allow up to thirty-one (31) days for refunds to be processed and credited to your account.
- Exclusions to the Returns Policy include "made to order" items. These are items that have been built to specification or items that were 'standard supply' with custom options applied (lock upgrades, changes to fixing holes, door modifications, etc).
8. Delivery
8.1. The Order Confirmation will set out whether the Goods ordered will be delivered to you by a nominated carrier of our choice (at our discretion) (Couriered) or whether it will be delivered and installed at the premises by our employees, agents, consultants and subcontractors (Installation).
8.2. If your order is to be Couriered:
8.2.1. it will be fulfilled by the estimated delivery date set out in the Order Confirmation or, if no delivery date is specified, within 30 calendar days of the date of the Order Confirmation, unless there is an Event Outside Our Control (as defined in Condition 13.5). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date;
8.2.2. delivery will be completed when we or our nominated carrier delivers the Goods to the address you gave us for delivery.
8.2.3. If no one is available at this address to take delivery, our nominated carrier will leave you a note informing you that either:
8.2.3.1 the Goods have been returned to the carrier’s premises; or
8.2.3.2 the Goods have been left elsewhere in accordance with any specific delivery instructions you provide to us (or our carrier) prior to delivery; or
8.2.3.3 that you will need to contact the carrier to rearrange delivery.
You may be liable to pay additional delivery charges where the courier is unable to deliver the Goods as a result of there being no one at the address to take delivery.
8.3. If your order is to be completed by Installation, you agree to:
8.3.1. co-operate with us in all matters relating to the Installation;
8.3.2. provide us, our employees, agents, consultants and subcontractors, with access to the premises at which the Installation is to take place and with all such other assistance and facilities as is reasonably required for the Installation.
8.3.3. provide us with such information and materials as we may reasonably require for the Installation and ensure that such information is accurate in all material respects;
8.3.4. prepare your premises for the Installation and ensure that they are free from hazardous materials and that the area within your premises where the Installation is to take place has been cleared of any obstructions;
8.3.5. obtain and maintain all necessary licences, permissions and consents which may be required before the date of Installation;
8.3.6. if you require public liability insurance in excess of £5,000,000 in relation to the Installation then you must either make your own arrangements to procure such additional insurance cover at your own expense or notify us in writing of the required additional insurance cover and we will procure that such additional insurance cover is in place, the expense of which shall be borne by you.
8.4. In the event that Installation cannot take place because you have not complied with your obligations under Condition 8.3 (Customer Default):
8.4.1. we will, without limiting our other rights or remedies, have the right to suspend the Installation until you remedy the Customer Default, and we may rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays the performance of any of our obligations;
8.4.2. we will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this Condition 8.4;
8.4.3. we may make additional charge of a reasonable sum to cover any extra work that is required;
8.4.4. you will reimburse us on written demand for any costs or losses sustained or incurred by us arising from the Customer Default.
8.5. If your order is to be completed by Installation, delivery will be completed when we or our employees, agents, consultants or sub-contractors deliver to and install the Goods at the premises you indicated in your order and we accepted in the Order Acceptance. It will be fulfilled on the date set out in the Order Acceptance (unless you have notified us at least 3 days in advance that Installation cannot take place on that date, in which case it will be fulfilled on a date agreed by you and us), unless there is an Event Outside Our Control or Customer Default, and in either case we will contact you to agree a new date on which Installation can take place.
8.5.1 If the installation has to be aborted within the 3 days leading up to or on the installation date and the installation needs to be rescheduled due to the location not being sufficiently prepared for installation you will then incur additional charges and the installation may be further delayed by 5 to 10 working days.
8.6. The Goods will be your responsibility from the completion of delivery.
8.7. You will own the Goods once we have received payment in full of the purchase price of the Goods and Installation (if any) and all applicable delivery charges.
8.8. Please inspect the Goods and check them against the Order Acceptance as soon as is reasonably practicable following delivery and notify us within a reasonable period of time following such inspection if:
8.8.1. any Goods set out in the Order Acceptance has not been delivered; or
8.8.2. any Goods are damaged and/or defective.
8.9. Until title to the Goods has passed to you, you shall:
8.9.1. hold the Goods on a fiduciary basis as our bailee;
8.9.2. store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
8.9.3. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
8.9.4. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
8.9.5. give us such information relating to the Goods as we may require from time to time.
9. No International Delivery
Unfortunately, we do not deliver to addresses outside the United Kingdom.
10. Price of Goods and Delivery Charges
10.1. The price of the Goods and/or any Installation will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Goods and/or Installation are correct at the time when the relevant information was entered onto the system. Condition 10.3 sets out what will happen if we discover an error in the price of the Goods and/or Installation you have ordered.
10.2. Subject to Condition 10.3, prices for our Goods and/or Installation may change from time to time, but any such changes will not affect any order you have placed with us and which we have confirmed with an Order Acceptance.
10.3. The price of the Goods and/or Installation includes delivery charges unless otherwise stated. Our prices state whether they are inclusive of VAT (“Incl.VAT”) or exclusive of VAT (“Excl.VAT”). VAT is charged (where applicable) at the applicable current rate chargeable in the United Kingdom from time to time. If a price does not state whether VAT is included or excluded the price will be deemed to be inclusive of VAT.
10.4. Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.4.1. where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price; and
10.4.2. if the Goods correct price is higher than the price stated on our site, we will contact you by email as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11. Payment
11.1. You can pay for Goods and/or Installation in £ sterling (United Kingdom) in the following ways:
11.1.1. via PayPal (Europe) Sarl et Cie SCA (PayPal); or
11.1.2. by using a debit or credit card via Sage Pay Europe Limited (“Sage Pay”) or such other online payments processor as we may use from time to time.
11.1 Payment for the Goods and/or Installation and all applicable delivery charges is in advance and you will be charged in accordance with the terms and conditions of Paypal, Sage Pay or our other online payments processor (as applicable) as well as these Terms and Conditions.
12. Our Liability If You Are a Consumer
This Condition 12 only applies if you are a consumer.
12.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Goods and/or Installation for domestic and private use. You agree not to use the Goods and/or Installation for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.1.1. death or personal injury caused by our negligence;
12.1.2. fraud or fraudulent misrepresentation;
12.1.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.1.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Service.
