TERMS AND CONDITIONS
Effective Date:
August 1st 2011
1.
Introduction
1.1
This website is owned and operated
by Arrow Wire Products Limited. We are registered in the UK (technically
“England & Wales”) under number 00862601. Our registered office is at Suite
3PM, Mid Day Court, 20-24 Brighton Road, Sutton, Surrey SM2 5BN. Our trading
address is 15 Boulton Road, Reading, Berkshire, RG2 0NF. Our VAT number is GB
198956873.
1.2
These terms and
conditions apply when you buy any goods via this site or otherwise use this site.
No other terms and conditions apply.
1.3
You are not eligible to buy any
goods via this site if
1.3.1
you are below the legal age to
form a binding contract with us, unless you have the consent of your parent /
guardian; or
1.3.2
it is unlawful for you to buy or
use the goods in, or import them into, your country.
1.4
We may change these terms and
conditions at any time. Please check them carefully as they will apply to any
new purchases made after the effective date shown above.
2.
Description
2.1
Any description
(including drawings and photographs) provided is by way of identification only
and does not constitute a sale by description. Such description does not form
part of the contract.
3.
Payment and price
3.1
Payment is in advance by the means
stated on our website. We will only process payments if we obtain authorisation
from our payment partner.
3.2
The price for the goods you order
is as stated on our site at the time you send us your order. VAT or sales tax
is included unless we say otherwise.
3.3
If we have mis-priced any item by
mistake, we are not obliged to supply the item at that price provided we notify
you before we despatch it. If we do notify you, then you can decide if you want
to order the item at the correct price but, if you don’t, we will provide a
full refund of any payments already made.
3.4
Delivery costs are charged extra
at the rate shown on our site when you place your order. These will depend on
the location, delivery method, order size and other aspects of the order. NB
The delivery charges do not include customs or import duties which may be
applied to your order by the relevant authorities. It is your separate
responsibility to pay for these.
3.5
Title in the goods does not pass
to you until we receive payment in full.
4.
Your order
4.1
Your order is an offer to buy from
us.
4.2
You must ensure that your order
and any other information you supply to us is correct and you must promptly
update us if there are any changes.
5.
Acceptance / unavailability
5.1
There will be no binding contract
of any kind between you and us unless and until we actually despatch the goods
to you. Until then we may decline to supply the goods to you without giving any
reason. Nothing else that we do or say will amount to acceptance of your offer.
If any goods are unavailable, we will notify you of the unavailability as soon
as possible and will arrange for a full refund if you have been charged.
6.
Delivery
6.1
We will only arrange for delivery
once we have received full payment in cleared funds. Delivery will be to the
address which you specify when ordering. The delivery address must correspond
to the delivery area which you selected when making your
order.
6.2
By placing an order, you authorise
us to accept signature from another person on your behalf if you are not there
at the time of delivery. An extra delivery charge may become payable if no-one
is present to accept delivery and either you haven’t provided alternative
delivery instructions or else you don’t collect the item from a holding depot
within 7 days.
6.3
We are not liable for any loss
arising from delay in delivery.
6.4
Risk of damage or loss to the
goods passes to you on delivery or if you wrongfully refuse delivery when
delivery is attempted.
6.5
Any liability for
non-delivery is limited to us refunding the purchase price in full.
6.6
You must inspect all
goods immediately on receipt. You must notify us in writing of any damage to
the goods within 7 days of delivery. If you fail to do so, we are not liable in
respect of such damage.
7.
Liability
7.1
Nothing in this
agreement in any way limits or excludes our liability for negligence causing
death or personal injury or for fraudulent misrepresentation or for anything
which may not legally be excluded or limited.
7.2
You must give us a
reasonable opportunity to remedy any matter for which we are liable before you
incur any costs remedying the matter yourself.
7.3
To the extent allowed by law, you
and we exclude all terms (including those as to quality or fitness for purpose
of goods), whether imposed by statute or by law or otherwise, that are not
expressly stated in this agreement.
7.4
Our liability of any
kind (including our own negligence) with respect to the goods is limited to
price paid for the goods.
7.5
In no event (including
our own negligence) will we be liable for any economic losses (including,
without limit, loss of revenues, profits, contracts, business or anticipated
savings), or loss of goodwill or reputation or for special, indirect or
consequential losses (even if we have been advised of the possibility of such
losses).
7.6
You will indemnify us against all
claims and liabilities directly or indirectly related to your use of the goods.
8.
Intellectual
property rights
8.1
All trade marks, logos,
content (including its structure and layout), graphics, images, photographs,
animation, videos, text and software used on this site are our intellectual
property. You may display or reproduce such content insofar as necessary to
view it within our site for private, genuine non-commercial use. You may not
otherwise use, retrieve, display, modify, copy, print, sell, distribute, download,
hire, reverse engineer (unless permitted by applicable law) or creative
derivative works from such material without our specific prior written consent.
9.
Reviews on our site
9.1
If we allow you to upload any
reviews or other content to this website, you must ensure that they are
accurate, that they comply with all applicable laws, regulations and codes of
conduct and that they do not infringe any third party intellectual property or
other rights. Also, your content must not be defamatory, offensive, vulgar,
racist, abusive, invasive of another’s privacy or similarly inappropriate.
9.2
We reserve the right (but
do not undertake) without notice to reject, suspend, alter, remove or delete any
content or to disclose to the relevant authorities any such content if it
breaches our terms and conditions or it is necessary to protect us or others or where
we have reasonable grounds for believing that a criminal act has been committed
or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send
the relevant content.
10.
Security
10.1
If we enable you to create an
account on our site, you acknowledge that this is for your personal use only
and is non-transferable. You must not authorise or permit any other person to use
your account. You must take reasonable care to protect and keep confidential your
password and other account or identity information. You must notify us
immediately of any apparent breach of security such as loss, theft, misuse or
unauthorised disclosure or use of a password. You are responsible for third
parties who use your account or identity (unless and to the extent that we are
at fault).
11.
Availability of our site
11.1
We cannot guarantee
that our site will be uninterrupted or error-free. We are entitled without
notice to suspend the site for repair, maintenance, improvement or other
technical reason.
12.
Third party
websites
12.1
We may link to third party
websites which may be of interest to you. We do not recommend or endorse those
sites or the products or services which they offer nor are we legally
responsible for them as they are outside our reasonable control. You use such
third party sites at your own risk.
13.
“Act of God”
13.1
Neither you nor we are liable for
failure to perform or delay in performing any obligation (excluding payment)
under this agreement if the failure or delay is caused by any circumstances
beyond its reasonable control.
14.
English law
14.1
These T&Cs shall be governed
by English law and any disputes will be decided only by the courts of the United
Kingdom.
15.
General
15.1
Headings used in this
agreement are for information and not binding. This agreement constitutes the
entire agreement between you and us. Any failure by either party to exercise or
enforce any right or provision of this agreement does not mean this is a “waiver”
(ie that it can’t be enforced later). If any part of this agreement is ineffective
or unenforceable for any reason, then it will be replaced with a provision
which as far as possible achieves the same thing and the rest of the agreement shall
continue to apply. A person who is not a
party to this agreement shall have no rights under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement except insofar as
expressly stated otherwise.
16.
Complaints
16.1
If you have any complaints, please
contact us via the contact details shown on our website or write to our address
shown at the start of these T&Cs.
Website terms and conditions by internet lawyers Adlex
solicitors
Version 8-11
