1 – Definitions
- In this document:
- ‘Basket’ means the electronic shopping basket to which products on the website can be added.
- ‘Buyer’ or ‘You’ means the person or persons and any agents acting on their behalf that have requested the sale of goods or have otherwise used our website.
- ‘Carrier’ means either us or the delivery agent who shall be responsible for delivering the goods.
- ‘Conditions’ means the Terms and Conditions set out in this document that will become binding on you and us once we accept the order and agree to the sale of goods to you.
- ‘Contract’ means the contract that exists once we accept the order and agree to the sale of goods to you.
- ‘Goods’ means any product available for purchase from the website.
- ‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
- ‘Order’ means the electronic order form completed and submitted by you or on your behalf which contains a list of goods and prices (the basket), your billing address, your delivery address, your telephone number, and/or your email address.
- ‘Order Acceptance’ means the order has been verified by us and goods can be despatched.
- ‘Order Received Date’ means the date the order enters our information system for review.
- ‘Our’ implies the ownership of the seller.
- ‘Payment’ means the transfer of funds from you to us.
- ‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the order.
- ‘Regulations’ means Consumer Contracts Regulations 2013.
- ‘Rejection of the Order’ means the order has been rejected by us and will not be processed.
- ‘Shipping Charge’ means the amount charged for any of the following services: order picking, packing materials, delivery by Carrier.
- ‘Standard Delivery Area’ means England, Wales, Scotland and Northern Ireland.
- ‘VAT’ means Value Added Tax.
- ‘Website’ means our presence on the Internet, currently www.saniflosystems.co.uk
- ‘Your’ implies the ownership of the buyer.
- Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made there under or any enactment repealing and replacing the act referred to.
- Unless the context otherwise requires:
- Words importing the singular shall include the plural and vice versa;
- Words importing the masculine gender shall include the feminine gender and vice versa;
- References to persons shall include bodies of persons whether corporate or incorporate.
- Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
- Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2 – Basis of the Sale
- By submitting the order, you enter into a legally binding contract with us. In accordance with the provisions of the regulations, you have the right to withdraw from this contract. Details of Your right to withdraw can be found in the Cancellation and Return Policy at Clause 8.
- The price of the goods, the shipping charges and VAT where applicable is set out on the Order.
- The quantity, quality and description of the goods will be those set out in the order Further specification for the goods shall be those set out in the relevant pages of this website.
- We shall sell to you, and you shall purchase only those goods which you have set out on the order. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of goods will be subject to these the conditions. The Seller is able to amend the conditions upon giving written notice to the buyer.
- We will email you to confirm the order details once the payment card is authorised for the transaction. This email does not constitute order acceptance. If you do not receive this email within one working day of submitting the order, we advise you to contact us to ensure your details are accurate.
- Order acceptance is made at our sole discretion, but orders are normally accepted if the goods are available, all prices are current, the delivery address is within the standard delivery area and the payment card is authorised for the transaction.
- Rejection of the order shall exist if order acceptance cannot be made. We will contact you in this instance to advise you of the reasons for rejection and advise any mediating steps.
- If the price of the goods increases after the order received date, we may request further payment from you to the value of the difference between the original and amended order value. You may cancel the order if you do not accept the price increase.
- Price increases will not affect accepted orders.
- You shall be responsible for ensuring the accuracy of the order, and for giving us any necessary information relating to the suitability and delivery of goods within a sufficient time to enable us to perform the contract in accordance with these conditions.
- You should ensure that you read these conditions carefully and check that the order is complete and accurate before submitting it. If you think that there has been a mistake then please contact us.
- You or we are entitled to withdraw from any contract in the case of inaccuracies regarding the goods appearing on the website.
- We reserve the right to make changes in the specification of the goods which are required to conform with any applicable statutory or EC requirements.
- No variation to these conditions shall be binding upon us unless and until agreed by email or in writing by us.
- Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3 – Price of Goods
- The price of the goods shall be the price set out on the relevant page of this website. We reserve the right to change the prices set out on this website at any time and without notice.
- The price of the goods includes shipping to our standard delivery area.
- The grand total price of the order is inclusive of any applicable VAT.
- VAT is currently charged at 20%.
- The VAT price is calculated on a per line basis. Every line on the order is subject to VAT.
4 – Price of Shipping
- For orders where the delivery address falls within the standard delivery area, there is no additional charge for shipping.
- We do not currently have a facility to automatically calculate the shipping charge for orders requiring delivery to an address outside of the standard delivery area. If you require delivery outside of the standard delivery area please contact us for a shipping charge quotation. We reserve the right to reject any order requiring delivery outside the standard delivery area were the shipping charge is not agreed in writing prior to Payment.
5 – Terms of Payment
- Upon providing us with details of the payment card and submitting the order:
- You confirm and undertake that the information contained within the order is true and accurate and that you are duly authorised to use the payment card;
- You authorise us to deduct from the payment card account the full price of the goods and all other payments that may become due to us under the contract.
- If it is not possible to obtain full payment for the goods from your account, we may:
- Cancel the order;
- Suspend any deliveries of goods;
- Seek to recover any goods from you that have been delivered;
- Seek to recover the full cost from you of any goods that are not recovered or recovered in a condition that does not permit resale.
- Where goods are returned by you in accordance with your rights under the provisions of the cancellation and return policy, We shall credit the payment card with the appropriate amount.
- Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event the payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the payment card Issuer without being charged for the loss.
6 – Cardholders responsibility regarding jurisdiction laws
The cardholder shall remain responsible for notifying their issuing bank with any changes in details or fraudulent/not normal activities on their account. We do not take responsibility regarding any fraudulent activity on any customers cards/accounts used on this website. We have taken all necessary steps regarding upholding pci dss compliance and remain objective in the case of cardholders bearing their own responsibility regarding jurisdiction laws.
7 – Delivery
- Delivery of the goods shall be made by the carrier to the delivery address shown in the order. It is important that the delivery address on the order is accurate. You must check your delivery address is accurate on any correspondence you receive from us.
- If the order consists of multiple goods and we are unable to make delivery of the whole order but are able to deliver part, delivery may be made in instalments.
- If we fail for any reason within our control to fully/partially deliver the goods, any reimbursement shall be no more than the price of the goods, together with any delivery and/or reasonable return costs.
- You may be required to sign for your delivery. You should ensure that someone will be available at the delivery address to sign for and check the goods. We regret cannot give a specific timeslot that the delivery will arrive. If the delivery is not completed, we will communicate with You and attempt to arrange a new delivery date.
- You are asked to check all goods on arrival. You should not accept delivery of visibly damaged goods. If you notice damage following delivery, you should inform us straight away. You will be given a reasonable amount of time to inspect the goods.
- Heavy or bulky goods may require lifting or loading into your property beyond what our delivery agents can provide. You must ensure adequate facilities are available to assist with lifting or loading if you are expecting heavy or bulky goods.
- You should not arrange to have the goods installed until they have been delivered and checked for any damages or faults. You agree that we will not be held liable for the costs of any works or installations that you may incur as a result of a late or failed delivery.
- We reserve the right to charge you for re-delivery if the initial delivery attempt fails due to you providing us with inaccurate delivery address details or if you are not available to take delivery.
8 – Installation of Goods
- You or any third party employed to perform installation should not attempt to install visibly damaged goods as installation shall be regarded as confirmation that the goods have been delivered to you in good condition. We will not accept liability for any Goods damaged during installation by You or any 3rd party.
- Following installation, you or any third party employed to perform installation will be responsible for identifying, repairing or replacing any problem/fault with the goods.
9 – Cancellation and Returns Policy
- Your right to cancel the contract starts the moment you place the order and ends 28 days from the delivery date.
- To cancel the order, please contact us by telephone or email.
- If goods have been delivered, you will be required to return them. The following conditions apply in this case:
- The cost and responsibility of returning goods to the Return Address shall be borne by you.
- You have 14 days from the date you contact us regarding a return to return goods to the Return Address. Failure to return goods to the Return Address within this timeframe will render your return request as void.
- You should not attempt to return goods to us or our suppliers without first obtaining our agreement to accept the return. We will not accept for return any item which has already been fitted or part fitted by you or a third party.
- You have a Duty of Care for any goods delivered to you. Duty of Care requires that all goods delivered to you are returned complete and undamaged with all accessories and instructions intact. The original packing must also be returned in reasonable condition. You will be liable for the total price of any goods that are returned damaged or incomplete, or that otherwise do not meet the Duty of Care expectation.
- We will refund the amount due to you within 14 days of the goods being received at the Return Address. You should keep proof of postage for any goods sent to return address. If you cancel the contract prior to the despatch of the goods, we will refund you within 14 days of receiving your cancellation request.
- We reserve the right to impose restocking charge in cases of return requests and we will advise on this at the time the return request is received.
10 – Risk and Property
- As soon as the carrier delivers the goods, you will be responsible for their condition.
- Subject to the provisions of Cancellation and Return Policy and notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods.
11 – Warranties and Liability
- The conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of goods purchased are not incorporated into this contract. For details please refer to the manufacturer’s guarantee provided with the goods.
- You have statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
12 – Force Majeure
- We will not be liable or responsible for any failure to perform or any delay in the performance of our obligation under the contract that is caused by any act, event, non-happening, omission or accident beyond or outside our reasonable control (“Force Majeure Event”). It shall include in particular (but not limited to) the following:
- Nuclear, chemical or biological disasters or contamination
- Severe adverse weather conditions
- Terrorist attack or threat, war, riot or civil disturbances
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters
- Inability to use railways, shipping, aircraft, road, or any other form of public and private transport
- Inability to use public or private telecommunications networks including networks including any loss of internet service
- Interruption or failure of utility services including but not limited to electric, power, gas and water
- The non-performance or delay by suppliers or sub-contractors
- The Acts, decrees, legislation, regulations or restrictions of any government
- Our performance under any contract shall be deemed to be fully suspended for the whole period that the Force Majeure event continues and we shall have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring a Force Majeure event to a close or to find a solution by which our obligation under the contract may be performed despite. If the Force Majeure event continues for more than 7 days and is likely to continue thereafter,we may cancel the contract.
13 – Entire Agreement
- The contract including these conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of the contract.
- Both you and us each acknowledge that in entering into the contract that neither you or us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in the contract or the documents referred to in them.
- Both you and us each agrees that our only liability in respect of those representations and warranties that are set out in this contract (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud or, where you are acting as a consumer, your rights under law as a consumer.
14 – Communications
- If you have any questions or if you have any complaints, please contact us.
- Any communication sent electronically by email or otherwise:
- Will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
- Will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
- Will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
- Will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
- To protect your own interests, you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
- Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
15 – Privacy
- We will not pass your personal information on to any third party other than in cases where it is required by law or for us to reasonably perform our duties as set out in these conditions. We will use your personal data to:
- Provide the goods;
- Process your payment;
- Inform you of our special offers and promotions.
- If you do not wish to receive our special offers and promotions you can unsubscribe at any time by following the link provided on the email marketing material.