HOUSESAFE LIMITED – ON LINE SALE CONDITIONS
The following are the Company’s Terms for the Sale of Goods and applies to the distance-selling of all product to its customers through its website or by telephone. It relates only to sales ordered on line or by telephone direct with Housesafe and paid for on line. It does not relate to credit sales to which the Company’s General Conditions of Sale apply a copy of which can be obtained upon application to the Company direct.
1.1 the following words have the respective meanings:-
“Buyer” the person, body either corporate or otherwise seeking to buy the Goods
“Carrier” any firm or person which transports the Goods to the Buyer
“Company” Housesafe Limited Registered in England numbered 4368683
“Contract” any agreement for sale of the Goods by the Company to the Buyer
“Goods” the product or products supplied by the Company to the Buyer
“Price” the price for the Goods excluding carriage, packing, insurance and VAT
“Product” all items manufactured or supplied by the Company
“us” the Company and the Buyer
“you” the Buyer of the Goods from the Company
“your” you and /or the Buyer
2.1 The Company will accept orders by post or fax but will telephone you to obtain payment by credit card on line. Cheques will not be accepted for payment under any circumstances.
2.2 Orders placed by telephone are accepted and a contract of sale then exists between us but if the order is placed by fax, mail or via the website, no contract exists between us until the Company’s official invoice has been issued.
2.3 The Company reserve the right to refuse to accept an order and to place an order you must be over the age of 18 years.
2.4 By placing the order you are deemed to have read and accepted these conditions and acknowledge that you are entering into a binding legal contract in accordance with these terms
2.5 Orders will not be processed until online bank card payment has been accepted and verified online by the card payment merchant
2.6 The Company may proceed with random verification of orders in order to ensure secure transactions and as a fraud-prevention measure for distance sales. During such verification, you may be requested to give proof, by mail of domicile and/or identity, before the order is processed and in the event of failure to provide the proof the Company will cancel the order to ensure secure online transactions
2.7 Payment can only be made on-line, at the time of order, by credit card. VISA, VISA ELECTRON, VISA DELTA, MASTERCARD, SWITCH CARD and MAESTRO are accepted. Card authorisation is directly administered by the card payment merchant. No credit card details are processed or stored at any time on the Company’s website. Your details are encrypted using 128 bit encryption by the their secure payment gateway without passing through the Company website.
3.1 Product prices are given in pounds stirling and are exclusive of all taxes postage, packaging and delivery costs. They are valid so far as they are visible on the website.
3.2 If you are ordering from another country outside the UK the price can be calculated in either US Dollars or Euros as you choose. For all consignments to be shipped outside of the UK, invoices are automatically calculated exclusive of taxes, as you are importing the goods. Any customs duties, other local taxes, import duties or state taxes that may apply are your sole responsibility and are not payable by the Company which will not accept any liability whatsoever in respect of the same. You are advised to make enquiries from the authorities of your Country
3.3 Any special offers on prices will be for a limited period and depend on the availability of stock. Where more than one promotion is offered only one can be claimed at any one time.
3.4 The Company reserves the right to change its prices at any time, although products will be invoiced at the price in effect when the order was placed, subject to availability. Information relating to prices and product availability is liable to change and is given by way of indication only. The Company also reserves the right not to accept any orders at prices which have been quoted in error.
3.5 The delivery charges, which must be added to all orders and may be subject to VAT, are set out in the website and vary according to the place of delivery.
4.1 For all orders the Company need to have your telephone number and any other information that will assist delivery
4.2 The Company aim to despatch orders within 48 hours of receipt of payment for the Order, subject to the availability of the stock, and will be despatched by the most appropriate method as the Company thinks fit.
4.3 Delivery shall take place when the Buyer or the Carrier shall collect the Goods from the Company’s premises.
4.4 Where it is agreed that the Company shall deliver or procure delivery of the Goods, it shall do so at the risk and cost of the Buyer to such address as the Buyer may specify or, if no such address is specified, to the address of the Buyer given either at the time of the Order or to which correspondence and/or Goods may previously have been sent under the Contract. The manner of delivery shall be such as the Company, in its sole discretion, shall deem appropriate. If the Company is unable to effect delivery on arrival at the Buyer’s premises for any reason whatsoever, an additional charge for any return or subsequent visit will be made
4.5 Where the Goods are delivered by instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
4.6 Any time or date quoted by the Company for delivery or collection of all or any of the Goods is an estimate only, and the Company shall not be liable for any failure to meet any such delivery date, nor for any loss, whether financial or otherwise, resulting directly or indirectly therefrom. Time is not and shall not be of the essence in relation to this condition
4.7 If delivery is delayed excessively, the Company will always give you the option of purchasing alternative items or of receiving a full refund of any payments that you have made. If the Company is unable to deliver within 28 days of ordering, the Company will always give you the option of receiving a full refund of any payments made.
4.8 If delivery of the goods is required urgently then there may be additional special charges from the carrier when you will be advised in advance and it will be your responsibility to discharge.
4.9 Should a product be unavailable after you have placed your order, the Company will let you know as soon as possible by email or post and in this instance you can ask for your order to be cancelled or exchanged by emailing the Company at firstname.lastname@example.org
5. LOSS OR DAMAGE IN TRANSIT
5.1 The Buyer is under a duty wherever possible to inspect the Goods upon receipt from the Carrier or on collection (as the case may be).
5.2 Where the Goods cannot be examined the carriers note or such other note (as the case may be) shall be marked by the Buyer or the Buyer’s agent at the time of delivery – “not examined”.
5.3 The Company shall not be liable for any defects or shortages that would be apparent on careful inspection and, in any event, the Company accepts no liability for any such defects or shortages as aforesaid unless notified in writing within 7 working days following receipt of the goods.
5.4 In all cases where defects or shortages are complained of, the Company shall not be liable unless a reasonable opportunity to inspect the Goods is provided to the Company by at least 48 hours’ notice in writing before any use is made of the Goods by any person.
5.5 The Company shall make good any defects or shortages in accordance with these terms but shall have no further liability whatsoever or howsoever arising, for such defects or shortages
6. RISK, OWNERSHIP AND TITLE RETENTION.
6.1 The risk passes to you on delivery
6.2 Ownership in the goods does not pass to you until full payment is received whether or not delivery has been made.
6.3 Until such time as ownership passes to you the Company reserves the right to enter upon your premises for the purpose of removing the Goods from the premises including severance from the reality where necessary, using only such force as may be necessary, providing you have failed to deliver up such of the Goods upon the reasonable request of the Company
6.4 If you receive the goods and payment in full has not been received, you shall store the goods separately from all other goods and products in such a way that they can be readily identified as being the property of the Company; you will not pledge or in any way charge the goods by way of security for your own indebtedness and you will insure and keep insured the Goods to the full Price against “all risks” to the reasonable satisfaction of the Company until the date that the ownership in the Goods passes from the Company to you.
6.5 The conditions specified in clauses 5 and 6.2,6.3,and 6.4 do not affect the transfer to you of the Risk
7. SPECIFICATIONS AND DESCRIPTIONS
7.1 Goods are supplied subject to the Company’s specifications and are new and guaranteed against defects subject to fair wear and tear. Rough, abnormal or abusive use of the products will void the guarantee
7.2 The Company endeavours to supply as much product data as possible but is unable to assess the viability of the goods for your particular application. The responsibility is upon you to ensure that the goods are fit for the purposes of your intended use.
7.3 Whilst the Company takes every precaution in the preparation of its website, catalogues, technical circulars, price lists and its other literature, and believes that all published information is correct, it is produced for general guidance only and the particulars contained therein shall not constitute a representation by the Company and the Company shall not be bound thereby. The Company shall be entitled to make corrections without any liability on the part of the Company.
7.4 The company shall not be under any liability for any direct, indirect or consequential damage, loss or expense that may be caused as a result of any error or omission in any information either published by or supplied by the company and particularly in relation to colours due to the fact that exact colours and finishes are difficult to reproduce accurately on websites and printed materials. You should not place undue reliance upon such reproductions.
8. WARRANTY AND LIABILITY
8.1 The Company shall make good by reimbursement of the whole or part of the Price or at its option by repair or by replacement of any Goods in which a defect developed under normal use of the Goods provided that
8.1.1 The Buyer shall be responsible for ensuring that Goods are fit for the purpose for which the Buyer wishes to use them and the Company gives no warranty (and none shall be implied) that the Goods are fit for any particular purpose; and
8.1.2 The defect in question shall have been notified in writing to the Company within 7 days of it becoming known; and
8.1.3 Any Goods alleged to be defective shall be promptly returned at the Buyer’s risk and expense to the Company’s works for inspection, and the Company shall in its responsible opinion consider them to be defective solely by reason of faulty design, materials and/or workmanship; and
8.1.4 No attempt shall have been made by the Buyer or any third party to remedy any defect before the Goods in question shall have been returned to the Company for inspection.
8.2 The liability of the Company arising from all and any claims relating to any single defective item shall be limited to a maximum sum of £50 in total or such amount (less the costs of recovery incurred by the Company) as the Company receives from the suppliers of the components used in the manufacture of the Goods giving rise to the claim from the Buyer.
8.3 The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this Clause 8.
8.4 The Company shall not be liable to the Buyer or to any third party for any direct, indirect, consequential or economic loss or damage of any kind whatsoever and howsoever arising including without limitation any injury, loss or damage arising out of and/or incidental to the application, supply, installation, repair and/or maintenance of the Products and/or any advice given and/or representation made by the Company or on its behalf in relation to the nature, quality, specification, design, performance, use and/or assembly of any of the Goods. Accordingly, it shall be for the Buyer to insure against any liability arising from the use of the Goods
8.5 The Company shall not be liable whatsoever under the above warranty (or any other warranty, condition or guarantee) if the Price for the Goods has not been paid in full
9. THIRD PARTY CLAIMS
9.1 The Buyer shall indemnify the Company in full against any liability whatsoever (including any liability based on the negligence of the Buyer) and, where the Buyer buys in the course of a business, any liability which the Company may incur, whether by court proceedings or by a bone fide out of court settlement as a result of a claim against the Company under Part 1 of the Consumer Protection Act 1987 in respect of an alleged defect in the Goods) or arising as a result of any warranty given by the Buyer to any third party, (whether such warranty is imposed by statute on or otherwise required of the Buyer) including without limitation any employee or agent of the Buyer or any subsequent buyer of the Goods or any of them arising directly or indirectly out of the manufacture and/or supply of the Goods and without limitation any loss caused directly by Goods during transit to any of them.
10. RETURNS AND REFUNDS
10.1 You have a withdrawal / cancellation period of 14 days, counting from the day of receipt, to return the products you ordered for a refund; if you have changed your mind, if the items received do not match the description given or if they are defective.
10.2 You must state your precise reason for returning the goods in writing to the Company at its email address email@example.com
10.3 Returned goods must be returned and received by the Company unused, undamaged and in a re-saleable condition in their original packaging
10.4 You will be refunded for the returned product minus 20% handling charge within 30 days at the most, counting from when it is received by the Company. Please note that the original delivery costs cannot be reimbursed.
10.5 The Company does not have any direct exchange system, but if you want to exchange any of your items, you will first have to return the item that does not fit and then place a new order to receive the desired item(s).
10.6 Providing the Company has agreed to accept the return of the Goods and the conditions of clauses 10.2 and 10.3 hereof have been complied with then it is the responsibility of the Buyer to return the Goods to the Company at the Buyer’s cost and the Buyer must obtain a receipt from the Company on the Company’s form otherwise the Company shall not accept any other evidence of the return of the Goods.
10.7 Should you have any queries or claims regarding returns and /or refunds you can send an e-mail, to the following address: firstname.lastname@example.org
11. FORCE MAJEURE
The Company shall have no liability whatsoever for any failure to perform or for any delay in the performance of any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its direct control. This includes matters connected with the use of the internet network, such as a breakdown in service, outsider intrusion or the presence of any computer virus and (without limitation) any other cause whatsoever. The Company make every effort to ensure that the website does not contain any computer viruses but it cannot guarantee this or warrant that it is virus-free.
12. THE CONTRACT GENERALLY
12.1 These conditions shall be incorporated into each and every Contract and shall apply to the exclusion of any terms or conditions put forward by or on behalf of the Buyer and shall not create any agency or partnership between the Company and the Buyer or any third party.
12.2 No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until authorised in writing by a Company Director.
12.3 Quotations, whether written or oral, submitted by the Company shall be deemed to be an invitation to treat and not an offer.
12.4 All orders for Goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions.
12.5 The design, layout, graphics, images, logos trademarks and text used in the Company’s website. Catalogues and all other literature produced by the Company are the copyright of the Company and are protected by Intellectual Property Law worldwide. In accordance with the provisions of Intellectual Property Legislation, reproduction of the material (including for private use) is prohibited without the prior authorisation of the Company
12.6 Should any of the clauses in the contract herewith be made null and void by a change in the law, regulations or a legal ruling, then this shall not affect the validity and adherence to the general conditions of sale as stated herewith.
12.7 Any notice required to be given in writing under the Contract shall be given either by facsimile transmission or by first class post addressed to the office of the Company or the last known address of the Buyer
12.8 Any complaints should be addressed in writing to the Company at the published email address and the Company will attempt to deal with any such complaints in a fair and timely manner within 28 days.
12.9 This Contract shall be governed by English Law and the Buyer accepts the jurisdiction of the English Courts
HOUSESAFE LIMITED registered in England No. 4368683
Registered Office 470, Ranglet Road, Walton Business Park, Bamber Bridge, Preston, England, PR5 8AR
Telephone No. +44 (0)1772 – 369505 – www.safetyled.online