CONSUMER TERMS AND CONDITIONS FOR INTERNET SALES
Please read these terms carefully before ordering any products and a print a copy of these terms and your order for future reference.
These terms of sale apply to all products (Products) supplied by totallyactive.co.uk. totallyactive.co.uk is a site operated by Totally Active Limited (we, us, our). We are registered in England and Wales under company number 4932453 and with our registered office at Hambleden House, Waterloo Court, Andover, Hampshire SP10 1LQ. Our VAT number is 824 1110 80.
Please click on the button marked "I Accept" at the end of these terms if you accept them. If you do not accept these terms, you will not be able to order any Products from our Site.
1 - You
By placing an order through our site, you confirm that you are at least 18 years old and legally capable of entering into binding contracts.
2 - How the contract is formed between you and us
2.1 - After placing an order, you will receive an e-mail from us acknowledging that we have received your order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted by us and that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
2.2 - The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.3 - If you are dealing as a consumer, this Contract is subject to your right to cancellation (see condition 3 below).
3 - Cancellation
(This condition 3 only applies if you are dealing as a consumer)
3.1 - You may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with condition 3.4 below.
3.2 - To cancel a Contract, you must inform us either in writing, by email or by telephone. You must make the Products available for collection by us. We shall be entitled to charge you our reasonable costs for collection of the Products. Alternatively you can return the Products to us at your own expense.
3.3 - You must take reasonable care to ensure that the Products are not damaged while in your possession or if you return it (them) to us. This means that any returned products should have their manuals, any cables and packaging etc, and be in a condition so that we can resell it (them) as new.
3.4 - If we have specially modified a Product(s) to meet your specified requirements, if you cancel the Contract then we will try to sell the Product as modified to another customer. However, if we are unable to do so in a reasonable time then we shall have the right to recover our reasonable costs in altering the Product to your specified requirements and our reasonable costs in altering the Product back to the original unmodified specification.
3.5 - We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have notified us of your cancellation. We will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
3.6 - Details of this statutory right to cancel, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
4 - Availability and delivery
4.1 - We will only deliver Products in England, Scotland and Wales.
4.2 - We will make all reasonable efforts to dispatch Products by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there is a Force Majeure Event (as defined in clause 16).
5 - Risk and title
5.1 - The Products will be at your risk from the time of delivery.
5.2 - Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5.3 - If you are dealing as a business, until ownership in the Products has passed to you, you will:
(a) - store the Products (at no cost to us) separately from all you other goods or products and will label the Products as belonging to us;
(b) - you shall not destroy, deface or obscure any identifying marks on the packaging on or relating to the Products and shall maintain them in satisfactory condition and keep them insured on our behalf and against all risks to the reasonable satisfaction of us;
(c) - hold the proceeds of any insurance monies referred to in 5.3(b) separate from other monies and on trust for us.
6 - Price and payment
6.1 - The price of any Products will be as set out in our price list on our Site from time to time, however, errors with our price list may occur and these will be dealt with as in condition 6.4 below.
6.2 - These prices include value added tax (VAT) but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Policy.
6.3 - If you are eligible to purchase the Product without paying VAT, it is your responsibility to ensure that you have made the appropriate declaration that you are eligible for zero rate VAT and that such declaration is accurate and correct. To the extent that any such declaration is void or does not apply to the Products for your use and we are charged with VAT on supplies made to you, then we reserve the right to recover such VAT from you.
6.4 - Prices are liable to change at any time, but changes will not affect orders:
(a) - if we have already received from you (except as outlined in condition 6.4 below); or
(b) - for orders which we have already sent you a Dispatch Confirmation.
6.5 - Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.6 - Payment for all Products must be by credit or debit card. We will charge your credit or debit card at time of order.
7 - Defective Goods
7.1 - We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
7.2 - In the case of Products not manufactured by us, we will pass on to you to the extent that we are able any benefits obtainable under any warranty given by our supplier provided that the Products have been accepted and paid for.
7.3 - If you think that a Product that we supplied is defective then return the Product as soon as reasonably practicable after discovery of the defect. We shall inspect the Products and if we agree with you that the Product is defective then we will either (at our discretion) repair or replace the Product or refund you in full including a refund of the delivery charges for sending the item to you and your reasonable costs in returning the item to us. We will notify you by e-mail of the action we will take). We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
7.4 - We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8 - Intellectual Property Rights
8.1 - You agree and acknowledge that we own or are licensed to use all copyright, database rights and intellectual property rights on and to all part of our Site to include without limitation the structure, design and layout of our Site.
8.2 - You are entitled to use our Site in accordance with these terms.
8.3 - All persons, individual and corporate, are prohibited from providing hypertext or other links to our Site, from their website or from a third party's website without our written consent.
8.4 - Product images are for illustration purposes only and may differ from the actual Product.
9 - Our liability
9.1 - Nothing in these terms shall limit or exclude in any way our liability:
(a) - For death or personal injury caused by our negligence;
(b) - Under section 2(3) of the Consumer Protection Act 1987;
(c) - For fraud or fraudulent misrepresentation; or
(d) - For any matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.
9.2 - If you are buying as a business, our liability for losses you suffer whether in tort, contract, breach of statutory duty or otherwise as a result of us breaking this agreement is strictly limited to the purchase price of the Product.
9.3 - If you are buying as a business, we are not responsible for indirect losses or for (whether arising in tort, contract, breach of statutory duty or otherwise):
(a) - loss of income or revenue;
(b) - loss of business or contracts;
(c) - loss of profits;
(d) - loss of anticipated savings;
(e) - loss of data; or
(f) - waste of management or office time.
10 - Use of Products
10.1 - The Products we sell are often technical in nature. They may require training for use and/or specialist installation which it is your responsibility to organise and pay for the costs.
10.2 - You must ensure that you read all the material provided with the Product including but not limited to the instructions for use.
11 - Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12 - Events outside our control
12.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 - A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
(a) - Strikes, lock-outs or other industrial action.
(b) - Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) - Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) - Impossibility of the use of public or private telecommunications networks.
(f) - The acts, decrees, legislation, regulations or restrictions of any government.
12.3 - Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13 - Waiver
13.1 - If either party fails or delays, at any time during the term of a Contract, to insist upon strict performance of any of its obligations under the Contract or any of these terms , or if either party fails or delays to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other party from compliance with such obligations. A waiver of a breach of this Contract shall not constitute a waiver of any subsequent breach.
14 - Severability
If any of these terms or any provisions of a Contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed. The remaining terms, conditions and provisions which will continue to be valid and enforceable to the fullest extent permitted by law.
15 - Entire agreement
15.1 - These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 - We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms .
15.3 - No variation to these terms shall be effective unless agreed in writing by the parties.
15.4 - We intend to rely upon these terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms to be confirmed in writing.
16 - Our right to vary these terms and conditions
You will be subject to the policies and terms in force at the time that you place an order for Products from us. We reserve the right to revise and amend these terms from time to time.
17 - Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
|
