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General Terms and Conditions of Use
1. USE OF THE COMPANY SITE
The Company Site is provided to you for your personal use subject to these Terms and Conditions. By using the Company Site you agree to be bound by these Terms and Conditions.
2. AMENDMENTS
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.
3. PURCHASES
i. To make a purchase from the Company Site you must be over eighteen years of age.
ii. You must ensure that the details provided by you at any time are correct and complete.
iii. You must inform us immediately of any changes to the information
that you provided by updating your personal details in order that we can
communicate with you effectively.
4. INTELLECTUAL PROPERTY
The content of the Company Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site without written permission from the Company.
5. YOUR USE OF THE COMPANY SITE
i. You may not use the Company Site for any of the following purposes:
1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
2. transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
3. interfering with any other person’s use or enjoyment of the Company Site; or
4. making, transmitting or storing electronic copies of materials protected
by copyright without the permission of the owner.
ii. You will be responsible for our losses and costs resulting from your
breach of this clause 5.
6. AVAILABILITY OF THE COMPANY SITE
i. Although we aim to offer you the best service possible, we make no
promise that the services at the Company Site will meet your requirements.
We cannot guarantee that the services will be fault-free. If a fault occurs
with the Company Site you should report it to havelockcontrols@bssgroup.com
and we will attempt to correct the fault as soon as we reasonably can.
ii. Your access to the Company Site may be occasionally restricted 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.
7. THE COMPANY’S LIABILITY
i. The Company Site provides content from other Internet sites or resources
and while the Company tries to ensure that material included on the Company
Site is correct, reputable and of high quality, it does not make any warranties
or guarantees in relation to that content. If the Company is informed
of any inaccuracies in the material on the Site we will attempt to correct
the inaccuracies as soon as we reasonably can.
ii. If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
iii. This clause 7 shall not limit or affect our liability resulting
from any products sold through the Company Site being found to be unsafe
or if something we do negligently causes death or personal injury.
8. THIRD PARTY WEBSITES
As a convenience to customers, the Company Site includes links to other web sites or material which are beyond its control. The Company is not responsible for content on any site outside the Company Site.
9. ADVERTISING AND SPONSORSHIP
Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
10. APPLICABLE LAW
These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
11. UK ONLY USE
www.havelockcontrols.co.uk is a UK site only and does not trade internationally. Deliveries are to mainland UK only with a possible increased delivery charge for goods to the Isle of Man, Isle of Wight and any offshore British Islands. This charge will be communicated before the order is processed.
For international orders please contact the BSS Export Department:
export@bssgroup.com
Telephone: +44(0)116 256 7084
Fax: +44(0)116 256 7096
12. MISCELLANEOUS
i. You may not transfer any of your rights under these Terms and Conditions
to any other person. We may transfer our rights under these Terms and
Conditions to another business where we reasonably believe your rights
will not be affected.
ii. If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
iii. The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
iv. If you have any queries please contact havelockcontrols@bssgroup.com or Havelock Controls, c/o BSS, 66 Cobden Stree, Leicester, LE1 2LB.
Terms and Conditions of Sale
1. DEFINITIONS
i. The term “Company” shall mean www.havelockcontrols.co.uk
ii. The term “Conditions” shall mean these standard terms and conditions of sale as set out in this document (unless the context otherwise requires).
iii. The term “Customer” shall mean any person, consumer firm or company who purchases Goods from the Company.
iv. The term “Goods” means the goods (including any instalment
of the goods or any parts for them) which the Company is to supply in
accordance with these Conditions.
2. CONDITIONS
i. These Conditions apply to and are deemed to be incorporated in all
orders, quotations and tenders for the supply and sale of Goods by the
Company. These Conditions supersede any terms and conditions contained
in any Customer’s order unless otherwise agreed in writing by the
Company.
ii. The Company reserves the right to amend these Conditions without
notice.
3. QUOTATIONS, ORDER, PRICES & PAYMENT
i. Quotations are made upon the basis of materials and labour prevailing
at the date thereof and are open for acceptance for a period of thirty
days from the date of quotation.
ii. Should a quotation not be accepted within thirty days the quotation may be subject to alteration to take account of increases in costs. In addition the quotation may be withdrawn at any time prior to acceptance in writing.
iii. The Customer’s order is an offer to buy from the Company. There will be no contract of any kind between the Customer and the Company unless and until the Company actually dispatch the Goods to the Customer. At any point up until then, the Company may decline to supply the Goods to the Customer without giving any reason. At the moment that the Goods are dispatched, a contract will be made between the Customer and the Company.
iv. The prices payable for the items that the Customer orders are clearly set out on the Company’s website. If, by mistake, the Company has under-priced an item, the Company will not be liable to supply that item to the Customer at the stated price provided that the Company notifies the Customer before the Company dispatches the item concerned.
v. Subject to clause 3.4 orders placed will be charged at prices current at the time of the order.
vi. If required the Company can supply non-listed Goods (“Special Orders”). In the instance of Special Orders a restocking charge will be incurred this will be communicated at point of order.
vii. To place an order select your Goods, click on the checkout basket and follow the online instructions. A request will me be made for authorised credit/debit card details together with delivery information before payment is accepted. Payment will be requested at the time of order prior to delivery.
viii. All prices quoted are inclusive of any applicable Value Added Tax unless otherwise stated.
ix. Your credit/ debit card details will be encrypted to minimise the
possibility of unauthorised access or disclosure. Authority for payment
must be given at the time of placing your order.
4. DESCRIPTION AND QUALITY
i. Illustrations, descriptions, weights and technical data in any of the
Company’s catalogues, price lists and statements (written or oral)
made by any representative of the Company or on the Company Website are
provided to give Customers an approximate picture and description only
and do not form the basis of any contractual liability.
ii. No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
iii. Although designs of Goods are subject to manufacturer alteration without notice, the Company will not arbitrarily replace Goods without prior agreement.
iv. All quotations given and sales made are upon the condition that although Goods supplied are of sound commercial quality, the Company can accept no liability as to their suitability for any purpose other than that specified in writing or prior to the time of sale.
v. The Company reserves the right to make any changes in the specification
of the Goods which are required to conform with any applicable statutory
or E.U. requirements.
5. GUARANTEE
i. The Company undertakes at its option to replace or refund the purchase
price of any Goods sold or supplied in the following circumstances only:
1. where the Goods do not correspond to any written identifying description
applied to them.
2. where the Goods prove to be unfit for a particular purpose which has been communicated in writing to the Company.
3. where the Goods prove to be defective and not fit for their ordinary
purposes within 12 months of delivery.
ii. The Company’s liability under this clause shall be accepted
by the Customer in lieu of any warranty or condition whether expressed
or implied by law.
6. LIMITATION OF LIABILITY
i. Subject to clauses 6.3, 6.4, 6.5 and 6.6 the Company’s liability
is limited to that provided in clause 5 above.
ii. The Company shall not be liable in any circumstances to the Customer whether by way of indemnity or by reason of breach of contract or negligence or of breach of statutory duty or otherwise for loss or damage of any kind, whether direct, indirect or consequential.
iii. The undertaking as to title in Section 12 of the Sale of Goods Act 1979 is not excluded.
iv. Where the Customer deals as Consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977) the undertakings implied by sections 13, 14, 15 of the Sale of Goods Act 1979 are not excluded and the customer’s statutory rights are not affected.
v. The Company does not exclude any or restrict liability for death or personal injury resulting from its own negligence.
vi. The Company does not exclude any liability which it may incur under
the Consumer Protection Act 1987 for damage as defined in section 5 of
the Act.
7. RISK AND DELIVERY
i. The risk in the Goods shall pass to the Customer on delivery.
ii. Dates quoted for delivery are approximate only and in this respect the Company will not be liable or in breach of any agreement with the Customer if the Company fails to deliver at an agreed time (whether in part or full) the Goods to the Customer due to circumstances beyond the Company’s reasonable control. It shall suffice for the Company to deliver within a reasonable time of the date of delivery quoted, regard being had to all the surrounding circumstances.
iii. Delivery will be made to the address stated at the time of placing the order.
iv. In circumstances where a delivery has been attempted but the Customer is not available a drop card will be delivered. It is the responsibility of the Customer to rearrange the delivery.
v. On the delivery of the Goods the Company will require a signature as proof of delivery. Goods will not be delivered without a signature
vi. In the event of any Goods or any packing or container being delivered and deposited, at the Customers property the Customer shall be responsible for all steps that need to be taken for the protection of persons or property in relation to such Goods, packing or container.
vii. The Company cannot accept liability of any direct or indirect loss
arising from delays caused by fire, flood, loss or delay in transit, strike,
and lockout or from any other cause beyond the Company’s reasonable
control.
8. CANCELLATION, RETURNS & CREDITS
i. Goods must be examined forthwith on delivery and the Customer should
advise the Company in writing immediately if there are any problems with
the Goods.
ii. The Company hopes that the Customer will be happy with their Goods. However, should a Customer feel it necessary to return a non-perishable item or non-bespoke item, the Customer may cancel the contract for its purchase by contacting The Customer Sales manager at havelockcontrols@bssgroup.com or Havelock Controls, c/o BSS, 66 Cobden Street, Leicester LE1 2LB, within (7) seven working days of delivery of the items to the Customer.
iii. The Customer will be responsible for the cost of returning any item to the Company unless the item is defective or unless the Company has delivered the item to the Customer in error or as a substitute. The item should be returned to the Company in its original condition. If the Company does not receive the item back from the Customer, the Company may arrange for collection of the item from the Customer at the Customer’s cost.
iv. When the Company receives notice of cancellation of the Customer’s contract for any item, the Company will refund the price paid by the Customer for that item or at the Customer’s request if the item is defective the Company will repair the item or supply the Customer with a replacement item. The Company will not refund the delivery charge for sending the item to the Customer unless the Customer returns an entire order.
v. The Company shall replace any Goods damaged or lost in transit to the place of delivery provided such damage or loss is reported to the Company within (7) seven working days of such delivery. No other liability shall be accepted by the Company in respect of any such damage or loss.
vi. Any rejection of the Goods on any other grounds must be communicated to the Company within (7) seven working days of receipt.
vii. In all circumstances it is the responsibility of the Customer to maintain the Goods in the condition that they were received. Goods should be returned unopened and in resalable condition.
viii. Credits issued will be at the discretion of the Company. Once the
credit has been agreed the company will refund all outstanding monies
within 30 working days.
9. CARRIAGE
i. The correct carriage charges will be published on the www.havelockcontrols.co.uk
website.
ii. Carriage charges to Isle of Wight, Isle Of Man, and other offshore
isles will be calculated on an individual basis and will be communicated
to the customer direct.
10. LAW
The contract between the Company and the Customer for the supply of
Goods which includes these Conditions shall be governed and construed
and shall take effect in accordance with the laws of England.
UK Customer Support Centre: 0870 240 4790
Registered Office: The BSS Group plc. Fleet House, Lee Circle, Leicester
LE1 3QQ
Registered No. 60987 England VAT No. 316 0004 22
