cmlstarter_demo-8.x-1.0-beta6/content/en/node-page/00001204-terms-n-conditions.yml
content/en/node-page/00001204-terms-n-conditions.yml
uuid: '00001204'
type: page
title: Terms & Conditions
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created: 2018-06-04T17:15:16+03:00
changed: 2018-07-04T14:29:55+03:00
langcode: en
path: /terms-n-conditions
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<p>Standard Terms and Conditions of Sale<p>
<p><b>Effective from:</b> January 2018</p>
<p>IMPORTANT: Please read these general terms and conditions of sale
("the Terms") carefully as they together with your order confirmation
constitute the contract (the "Contract") between PUR3 Ltd ("us"/"we"/"our")
and you ("you"/"your"/"yourself") for the sale of the goods you purchase
on xxx.com (including shop.xxx.com) (the "Site").
<p>By placing an order you confirm that you have read, understood and agree
to these Terms in their entirety. Please check that the details on your
order are complete and accurate before you commit yourself to this Contract.
Please ensure that you have read and understood these Terms before you submit
your order, because you will be bound by these Terms once a contract comes
into existence between us in accordance with Foo 1.3. If you do not agree
with these Terms, you must not place an order for any goods. In these Terms,
"Goods" means the goods which we supply to you in accordance with these Terms.
<p>We reserve the right to revise and amend these Terms from time to time to
reflect changes in market conditions affecting our business, changes in payment
methods or changes in relevant laws and regulatory requirements. You will be
subject to the Terms in force at the time that you order the Goods from us.
<h2>Information about us.</h2>
The Site is owned and operated by XXX Ltd. We are registered in England and Wales
under company number 0XX05XX8 and with our registered office
at 11 Foo Street, Bar, OX10 4XX.
<h3>1 ORDER</h3>
<p><b>1.1</b><br>
You may place an order by visiting our online shop on the Site either after
logging into or creating your personal account or after choosing to check out
as a guest and following the process for submitting an order as set out on the
Site and clicking the appropriate confirmation button.
<p><b>1.2</b><br>
By placing an order request, you make us an offer to purchase the Goods you
have selected in accordance with these Terms. We may or may not accept your
order request at our sole discretion.
<p><b>1.3</b><br>
These Terms will become binding on you and us when we email you written
confirmation of your order. The order confirmation is our notification to
you that we have accepted your order request and that your payment has been
authorised. If we cannot accept your order because, for example, the Goods
you have selected are not available or because your payment has not been
authorised we will attempt to contact you by email in order to resolve any
outstanding issues.
<p><b>1.4</b><br>
Whilst we make every effort to supply you with the Goods listed on the order
confirmation, there may be occasions where we are unable to supply these Goods
because, for example, (i) such Goods are no longer being manufactured or available;
or (ii) we are unable to source relevant components; or (iii) there was a pricing
error in our catalogue or on the Site. In such circumstances we will contact you
to inform you of any issues preventing us from confirming your order request and
may suggest alternative Goods that you might wish to purchase. If you do not wish
to accept our suggestions then we will cancel your order in relation to those Goods
we cannot supply and repay you any money that you may have paid to us in respect
of those Goods as soon as reasonably possible. Repayment of such monies will be
the extent of our liability.
<h3>2 PRICE</h3>
<p><b>2.1</b><br>
The price of the Goods will be as set out in the order confirmation we provide to
you. While we make every endeavour to maintain our prices at their present low
level we reserve the right to change our prices without prior notice (including,
in particular, in the event of exchange rate variations). Price changes will not
affect any orders that we have already confirmed to you in writing. Prices for
Goods are displayed in £ sterling, exclusive of VAT unless otherwise stated. We
also accept payments made in Euro or US Dollars (where stated on the website).
<p><b>2.2</b><br>
All prices are exclusive of VAT unless otherwise indicated on the Site. VAT is
payable by you at the applicable rate. If you make a purchase from outside of
the EU you will not be eligible for the payment of VAT but may be subject to an
analogous sales tax under the laws of the country from which you make your purchase.
<p><b>2.3</b><br>
Postage and packing costs are not included in the prices quoted for the Goods
but are quoted for separately prior to us confirming your order request.
<p><b>2.4</b><br>
If there is a pricing error on our Site we are under no obligation to provide
the Goods to you at the incorrect price (even if we have sent you an order
confirmation). However we will endeavour to contact you to inform you of the
pricing error so that you can confirm whether you wish to proceed with ordering
the Goods at the correct price. If you do not wish to proceed, you have the
right to cancel the Goods affected by the pricing error. We will cancel those
lines from your order and return any prepaid monies to you as soon as reasonably
practicable.
<p><b>2.5</b><br>
Payment for all Goods must be by through PayPal, or any alternative method of
payment which may be displayed on the Site from time to time.
<h3>3 PAYMENT</h3>
<p><b>3.1</b><br>
When you purchase Goods on the Site, payment in full must be made at the time
of completing the online ordering process. Failure to do so will result in the
order being cancelled.
<h3>4 DELIVERY</h3>
<p><b>4.1</b><br>
Our Delivery Information page here sets out the terms relating to despatch and
delivery of the Goods.
<h3>5 RETURNS</h3>
<p><b>5.1</b><br>
If there are shortages or damages to the Goods you receive which have occurred
whilst in transit, or there is any other error with your order (such as you have
received the wrong product), you must notify us using the online form here within
30 days of receipt of your delivery (the "Inspection Period"), giving us full
details of any such shortages, damages or errors with the Goods or your order.
You must promptly return any damaged Goods or Goods received in error to us
together with all packaging. Where we accept that there has been damage in
transit, a shortage or an error in the Goods despatched, we shall reimburse
you for the postage costs incurred in returning such Goods and shall make up
any shortfall, error or damage to your order free of charge as soon as reasonably
possible. After the Inspection Period has expired, you will be deemed to have
accepted the Goods and any attempt to return the Goods after this time pursuant
to this Foo 5.1 will be rejected by us.
<p><b>5.2</b><br>
If during the Inspection Period, the Goods are found to
be defective, you must inform us within the Inspection Period of such defect
using the online form here. You must promptly return any damaged Goods or Goods
received in error to us together with all packaging. Where we accept that the
Goods are faulty we shall reimburse you for the postage costs incurred and will
in consultation with you: replace the Goods; or repair the Goods; or provide you
with a full refund for those defective Goods.
<p><b>5.3</b><br>
The remedies set out in this Foo 5 are your sole and exclusive remedies
against us in respect of any claims arising out of, or in connection with this
Foo 5. Any claims that the Goods are defective after the Inspection Period
has expired will be dealt with in accordance with Foo 9 (Guarantee).
<p><b>5.4</b><br>
All Goods should be returned to PUR3 Ltd, 11 Foo Street, Culham, Abingdon,
United Kingdom OX14 4NB.
<p><b>5.5</b><br>
In all cases where the Goods are returned, they must be securely packed
within an outer carton, quote the delivery note number and best endeavours
must be made to return Goods in their original packaging.
<h3>6 ORDER CANCELLATION</h3>
<p><b>6.1</b><br>
If you purchase Goods from us via our website and you are a UK/EU consumer,
you are able to cancel your order with us for any reason or no reason at all
within 14 days following receipt of your Goods by providing us with notice in
writing. Your rights of cancellation will not apply where you have (i) purchased
software from us which is sealed and unused and the seal to that software has
now been broken; or (ii) you have used or have successfully downloaded the
content of that software; or (iii) the Goods have been customised for you by
us at your request. Your rights of cancellation are in addition to your other
rights of cancellation set out in these Terms. Goods should be returned to us
as soon as reasonably practicable but in no event later than 14 days after
your notification to us that you wish to cancel your order. Goods should be
returned with proof of posting and you are responsible for payment of postage
costs to return the product. The original postage costs, if any were charged,
will be refunded. Goods should be returned to us undamaged and in their original
packaging.
<p><b>6.2</b><br>
If you purchase Goods from us acting in the course of business the above rights
of cancellation do not apply to you. In this event and subject to your other
rights of cancellation set out in these Terms, cancellation of your order or
the return of any Goods (which are not subject to Foos 5.1 and 5.2 above) may
only be accepted after prior agreement with us.
<h3>7 COPYRIGHTS AND PATENTS</h3>
<p><b>7.1</b><br>
Products offered on the Site may be the subject of patents, copyright, design,
trademark or other intellectual property rights. We make no representation or
warranty as to whether your use of or dealing with the Goods (or any part or
component thereof) either will or will not infringe such intellectual property
rights. Without limiting the generality of this statement, we do not grant nor
purport to grant to you any licence, permission or authority in respect of such
rights and you acknowledge and agree to satisfy yourself in respect of such matters.
We accept no liability for infringement of any such rights.
<p><b>7.2</b><br>
Reproduction in part or whole of the Site without our prior written consent is
strictly prohibited.
<h3>8 GUARANTEE</h3>
<p><b>8.1</b><br>
Unless otherwise specified and subject to Foos 8.2 and 8.3, we warrant that the
Goods will be free from material defects in design, materials or workmanship
for a period of twelve (12) months from the date of despatch of the Goods
(the "Guarantee Period").
<p><b>8.2</b><br>
The guarantee in Foo 8.1 (the “Guarantee”) is given provided that:
<ul>
<li>8.2.1 we are promptly notified in writing upon discovery by you that the
Goods are defective due to faulty materials or workmanship;
<li>8.2.2 any defects in the Goods are found within the Guarantee Period
and are returned to us suitably packed, carriage prepaid and accompanied
with proof of purchase (delivery note or invoice) together with details
of the nature of the defect; and
<li>8.2.3 examination by us of the Goods in question confirms that the
alleged defect has not been caused by misuse, neglect, method of storage,
faulty installation, handling, testing or repair, by alteration or accident
or by any other cause listed in Foo 8.3.1 below.
</ul>
<p><b>8.3</b><br>
8.3.1 We are not liable under the Guarantee:
<p>for any defect arising from:
<ul>
<li>fair wear and tear, wilful damage, negligence, misuse, repair of the Goods
without our approval;
<li>any use of or dealing with the Goods in a manner which could not reasonably
be expected having regard to their normal purpose;
<li>any use of or dealing with the Goods in conjunction with any other item where
such item causes or gives rise to the alleged defect; or
<li>any use of the Goods which is not in accordance with the manufacturer's
operating or user instructions or from any failure to service or maintain the
Goods in accordance with the manufacturer's instructions.
</ul>
<p><b>8.4</b><br>
The Guarantee shall not be affected by and no obligation or liability shall result
from providing technical advice or service in connection with your order for the Goods.
<p><b>8.5</b><br>
Software programs are supplied by PUR3 Ltd on the strict understanding that we and
the licensor/supplier of the software do not guarantee the contents of the software
to be free from errors, bugs or omissions.
<p><b>8.6</b><br>
Our liability under the Guarantee shall be limited to replacing, repairing or issuing
credits at our option for any Goods returned within the Guarantee Period.
<h3>9 LIMITATION OF LIABILITY</h3>
<p><b>9.1</b><br>
Nothing in these Terms shall limit our liability in respect of:
<ul>
<li>9.1.1 death or personal injury caused by our own negligence.
<li>9.1.2 breach of our obligations under section 12 of the Sale of Goods Act 1979;
<li>9.1.3 defective products under the Consumer Protection Act 1987;
<li>9.1.4 fraud or fraudulent misrepresentation; or
<li>9.1.5 for any other liability which cannot be excluded or limited by law.
</ul>
<p><b>9.2</b><br>
Subject to Foo 9.1, under no circumstances shall the total aggregate liability of us
(howsoever arising) to you under or in relation to the Contract, including (but not
limited to) liability for breach of contract, misrepresentation (whether tortious or
statutory), tort (including but not limited to negligence), breach of statutory duty
or otherwise exceed the price paid by you for the Goods.
<p><b>9.3</b><br>
Under no circumstances shall we be liable to you for any of the following types of
loss arising under or in relation to the Contract (whether arising from breach of
contract, misrepresentation (whether tortuous or statutory), tort (including but not
limited to negligence), breach of statutory duty or otherwise, any loss of profits,
business, contracts, anticipated savings, goodwill or revenue, any wasted expenditure,
or any loss or corruption of data, property or equipment (regardless of whether any
of these types of loss or damage are direct, indirect or consequential) or any indirect
or consequential loss or damage whatsoever even if we were aware of the possibility
that such loss or damage might be incurred by you.
<p><b>9.4</b><br>
Subject to Foo 9.1 above and as otherwise expressly provided in these Terms, all warranties,
conditions or other terms whether express or implied by statute or common law or otherwise
are excluded to the fullest extent permitted by law. In particular we make no representation
or warranty that the Goods are either of satisfactory or merchantable quality or fit for any
purpose or that they conform to any description. You acknowledge and agree that you have
relied upon your own skill and judgement in selecting the Goods.
<h3>10 COMMERCIAL TOLERANCES</h3>
<p><b>10.1</b><br>
Dimensions and other physical characteristics of the Goods are subject to normal commercial
tolerances. Unless otherwise stated, electrical ratings represent safe working limits.
<h3>11 DATA PROTECTION AND CUSTOMER INFORMATION</h3>
<p><b>11.1</b><br>
Our Privacy Policy here sets out terms relating to our use of customer information.
<h3>12 MISCELLANEOUS</h3>
<p><b>12.1</b><br>
We reserve the right to discontinue any product, or make design changes to product
specifications, or use different suppliers or manufacturers to those stated on the
Site, without prior notice, as part of our continuous process of product and service
improvement, or to improve product availability. The information contained on the
Site is correct to the best of our knowledge at the time of going to press. All images
are used for illustration purposes only.
<p><b>12.2</b><br>
Nothing in these Term affects the statutory rights of a consumer under (including but
not limited to) the Consumer Protection (Distance Selling) Regulations 2000 or the
Consumer Rights Act 2015 as amended from time to time.
<p><b>12.3</b><br>
If any provision of these Terms is held by any competent authority to be invalid or
unenforceable in whole or part the validity of the other provisions of these Terms and
the remainder of the provision in question shall not be affected.
<p><b>12.4</b><br>
We shall not be liable to you for any delay or failure to perform any of our obligations
hereunder which is due to causes or circumstances beyond our reasonable control,
including (without limitation) acts of civil or military authority, national emergencies,
fire or flood, acts of God, war or riots, actions or omissions of third parties.
<p><b>12.5</b><br>
These Terms, including the policies linked from paragraphs 5.1 and 11.1 and the order
confirmation are the complete and exclusive statement of the contractual relationship
between the parties, which supersedes all prior proposals, understandings, agreements,
or representations between the parties relating to these Terms except in respect of any
fraudulent misrepresentation made by either party.
<p><b>12.6</b><br>
No delay, neglect or forbearance on the part of either party in enforcing its rights
or any of them against the other shall be construed as a waiver or in any way prejudice
any of its rights hereunder.
<p><b>12.7</b><br>
While every effort is made to ensure health and safety information is available, we may
be limited to the extent of information we can supply with the Goods depending on what
is available from our suppliers. If you require further information on any health and
safety information regarding the Goods then please contact us.
<p><b>12.8</b><br>
These Terms shall be governed by and construed in accordance with the laws of England
and Wales whose courts shall have exclusive jurisdiction in connection with any dispute
(including non-contractual disputes or claims) arising out of or in connection with it.
<p><b>12.9</b><br>
Offensive Weapons Act 1996 – where the law requires a minimum age for the purchase of
certain goods, the customer confirms that he or she is over the required age and that
delivery of the Goods will be accepted by a person over the relevant age limit.
<p><b>12.10</b><br>
Any party who is not a party to the Contract shall not have any rights under or in
connection with it under the Contracts (Rights of Third Parties) Act 1999.
<p><b>12.11</b><br>
All notices sent by you must be sent to PUR3 Ltd, 11 Foo Street, Culham, Abingdon,
OX14 4XX, United Kingdom. Notice must be in writing and shall be deemed received and
properly served 24 hours after an e-mail is sent or three days after the day of posting
of any letter. In proving the service of a notice, it will be sufficient to prove, in
the case of a letter, that the letter was properly addressed, stamped and placed in
the post and, in the case of an e-mail that the e-mail was sent to the specified
e-mail address of the addressee.
<p><b>12.12</b><br>
All headings in these Terms are for ease of use and shall not affect the construction
of any contract between the parties.
<p><b>12.13</b><br>
Any advice or recommendation given to a customer purchasing Goods in the course of
business as to the storage, application or use of the Goods is followed or acted upon
entirely at their own risk.
