SECTION 2 – TERMS OF SALE OF PRODUCTS THROUGH OUR WEBSITE
PLEASE NOTE CLAUSE 15 WHICH LIMITS OUR LIABILITY TO YOU AND CLAUSE 10.3 WHICH REMOVES YOUR RIGHT TO CANCEL FOR CONVENIENCE.
These are the terms and conditions on which we supply Products to you which you have purchased through our Website. Please read these terms carefully before you submit your order to us. These terms tell you how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
BY PLACING AN ORDER FOR PRODUCTS(S) THROUGH OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SECTION 2.
Clause references in this Section 2 relate to clauses in this Section.
1. HOW WE MAY CONTACT ONE ANOTHER
1.1 How to contact us. You can contact us by telephoning our customer service team at 64 9 887 9871 or by writing to us at firstname.lastname@example.org.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the Products. We may change the Product:
5.1.1 to reflect changes in relevant laws and regulatory requirements (for example where we are required to amend the wiring or voltage of the Product); and
5.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our Website
6.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We will deliver the Products ordered to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the Product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
6.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the Product will be left at your delivery address.
6.6 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.6, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services or email us (see clause 1.1 for details) for a return label or to arrange collection.
6.8 When you become responsible for the Products. A Product will be your responsibility from the time we deliver the Product to the address you give us.
6.9 When you own the Products. You shall own the Products once we have received payment in full for them.
6.10.1 deal with technical problems or make minor technical changes;
6.10.2 update the Product to reflect changes in relevant laws and regulatory requirements;
6.10.3 make changes to the Product as requested by you or notified by us to you (see clause 5).
In addition to the terms set out in this Section 2, the terms in Section 3 apply to any software (including any update or updates to the software and any related documentation) that we make available to you from time to time for your use in connection with our Product(s). You are responsible for downloading and/or installing any software that we make available to you to enable you to operate and benefit from all the features of the Product(s).
The terms upon which we provide our Cloud Service are contained in Section 3 below.
9. PRICE AND PAYMENT
9.1 Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the Product you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10. YOUR RIGHTS TO END THE CONTRACT FOR PRODUCTS
10.1 You can always end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
10.1.1 if what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13;
10.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.3 if you have just changed your mind about the Product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
10.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 10.4.
10.2.1 we have told you about an upcoming change to the Product or the Terms which you do not agree to
10.2.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
10.2.3 there is a risk that supply of the Product may be significantly delayed because of events outside our control;
10.2.4 we have suspended supply of the Product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
10.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6)).
11.1.1 Phone or email. Contact details are contained in clause 1.1. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.2 By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
11.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been despatched to you or you have received them, you must return them to us. You must post them back to us at the address provided in clause 1.1 or (if they are not suitable for posting) allow us to collect them from you. Please call customer services by telephone or email (contact details provided at clause 1.1) for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11.3 When we will pay the costs of return. We will pay the costs of return:
11.3.1 if the Products are faulty (see clause 13 below) or mis-described;
11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if
12.1.1 you do not make any payment to us when it is due and you still do not make payment within fifteen (15) days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product, for example, the correct delivery address; or
12.1.3 you do not, within a reasonable time, allow us to deliver the Product to you.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.2.1 is faulty you can return the Product to us within 30 days of you receiving the Product, and be entitled to a full refund; or
13.2.2 develops a fault after the first 30 days of receiving the Product then, subject to clause 13.3, can return the Product to us and:
18.104.22.168 if the fault is a minor problem, we will repair the Product for free; or
22.214.171.124 if the fault is a major problem, we will offer you the choice of a replacement or refund.
Minor problems: generally mean faults with the Product that aren’t major problems and that can be repaired within a reasonable period of time.
Major problems: mean a problem that would have stopped you from buying it if you had known about it; the Product is substantially unfit for its common purpose and can’t be easily fixed; the Product doesn’t meet the specific purpose you asked for and can’t be easily fixed; it’s unsafe; it’s significantly different from the description; it doesn’t do what we say it should and can’t be easily fixed; or it creates an unsafe situation.
13.5 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services (see clause 1.1) for a return label or to arrange collection.
14. INSTALLATION OF OUR PRODUCT AT YOUR PROPERTY
14.1 You will be responsible for installing the Product at your property. While we provide instructions for installation of the Product at your premises, a qualified/certified electrician must install any Product, which is to be wired to the electrical mains, or do any work which includes any wiring with another product which is connected to the electrical mains. You acknowledge and agree that you will not, unless you are a qualified/certified electrician, install or do any work which includes any such wiring and that to the fullest extent permitted by law we will have no liability to you for any damage caused to any property or person where you do not comply with this clause.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.3 We are not liable for your use of the Product other than in accordance with these Terms. You acknowledge and agree that we shall not be responsible for any claims, losses and/or damages incurred by you as a result of your combining a Product to materials/software not supplied by us or our representatives or modifying a Product without our approval or where you use a Product other than in accordance with our instructions or the provisions of these Terms.
16. HOW WE MAY HANDLE YOUR PERSONAL INFORMATION
16.1 We will collect, use and disclose your personal information in accordance with our Privacy Notice.
17. OTHER IMPORTANT TERMS