TERMS AND CONDITIONS OF SALE
“Contract” means any agreement in which these terms and conditions form part thereof.
“The Partnership” means Locksafe Hardware, a business, whose registered offices are on 33 Purley Downs Road, Purley, Surrey, CR8 1HA. Company VAT number: GB 628 1133 60.
“The Buyer” means any party who enters into a Contract with the Partnership to buy Goods from the Partnership.
“Goods” means any goods or services to be supplied by the Partnership pursuant to Contract.
“Product Literature” means the Manufacturer’s technical and processing data sheets and Health and Safety information sheets relating to the Goods.
“Manufacturer” means the organisation that made the goods.
“Working day” means every day of the year except weekends, and English statutory and public holidays.
2.1 These terms and conditions shall apply in place of and prevail over any terms and conditions or referred to in the Buyers order or in correspondence or elsewhere or implied by trade custom, practice or course of dealing unless specifically agreed in writing in the Partnership’s confirmation of order.
2.2 These terms & conditions of sale are in addition to, and do not affect, the Buyer’s statutory rights as a consumer.
2.3 The Buyer may not transfer Contract rights to any third party without the Partnership’s prior written consent.
2.4 If any term of these conditions of sale is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
3.1 All prices quoted by the Partnership are exclusive of VAT. In the case of sales within the United Kingdom VAT at the appropriate rate will be added.
3.2 In the case of delivery within the United Kingdom then unless otherwise agreed with the Buyer, the prices are exclusive of delivery.
3.3 The total cost of order is the price of the Goods and Delivery charges as set out in delivery information.
3.4 All prices quoted by the Partnership on this website are exclusive to Contracts and orders made through this website only and shall not apply in any other circumstances.
4.1 Unless otherwise specified within the item’s description, orders placed on working day before 2 pm. are despatched on the same day.
4.2 Delivery charge and time are specified during ordering process. All orders of £100 and above are delivered free of charge.
4.3 Any delivery dates quoted are for guidance only and are not a term of the Contract. Time for delivery shall not be of the essence unless delivery dates were previously agreed by the Partnership in writing to be binding upon it and the Partnership shall not be liable for any delay in delivery of Goods.
4.4 The Partnership shall be entitled to deliver Goods in one or more instalments unless otherwise expressly agreed.
4.5 Currently the Partnership can make the delivery to UK Mainland only.
4.6 Delivery shall be deemed to take place when the goods are delivered to the point of delivery or collected by the Buyer or its agent.
4.7 The Buyer shall indemnify the Partnership for all storage and other costs incurred by the Partnership as a result of the Buyer’s failure to accept delivery of the Goods, if delivered to the Buyer during normal delivery hours or at a time previously agreed by the Buyer. The Partnership may treat the Contract as cancelled and dispose of any Goods after 30 days from the date of delivery should the Buyer fail or refuse to take delivery of the Goods.
5.1 The Buyer shall make payment for the Goods to the Partnership in full before the order is accepted for despatch.
5.2 Payment can be made by most major credit or debit cards in accordance with the payment methods section.
5.3 The Buyer confirms that the credit/debit card that is being used is in possession of the Buyer. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the Buyer’s card refuses to authorise payment the Partnership will not accept the order and shall not be liable for any delay or non-delivery. In such circumstances the Partnership is not obliged to inform the Buyer of the reason for the refusal.
5.4 The Partnership shall not be responsible for Buyer’s card issuer or bank charging the Buyer as a result of the Partnership processing of credit or debit card payment in accordance with the order.
- PASSING OF RISK AND PROPERTY
6.1 Risk of damage to or loss of the Goods shall pass to the Buyer forthwith upon delivery.
6.2 Notwithstanding the passing of risk in the Goods under sub-clause 6.1 above, the Goods shall remain the sole and absolute property of the Partnership as legal and equitable owner until the Buyer has paid the Partnership all sums due to the Partnership under the Contract and any other Contract between Buyer and Partnership.
6.3 The Partnership agrees to permit the Buyer to sell the Goods in ordinary course of the Buyer’s business to a bona fide purchaser or value such disposal shall be the Buyer as principal in relation to its own customer, and the Buyer shall have no right to commit the Partnership to any contractual relationship with or liability to any such customer.
- ONLINE ACCOUNT AND REGISTRATION
7.1 The Buyer is solely responsible for the confidentiality and maintenance of the Buyer’s personal account information and password. The Buyer accepts responsibility for all activities which occur under the Buyer’s account and password. The Partnership shall not be liable to any person for any loss or damage as a failure by the Buyer to protect password or account details.
7.2 The Partnership reserves the right to refuse access to the website, terminate personal accounts, amend and remove content and cancel orders (at no cost to the Buyer).
7.3 The Buyer’s account contains order history, delivery details, account address and a favourite products section. The Buyer can see any of this information by logging in using appropriate username and password. In order to amend any of the details, the Buyer should contact the Partnership on email@example.com
7.4 The Partnership does not store any credit card information online.
7.5 The Buyer guarantees that when registering with the Partnership as a customer all of the information which the Buyer provides is true, accurate and up to date.
7.6 The Buyer must not impersonate any other person or entity or use a false name or a name which the Buyer does not have the authority to use.
7.7 The Buyer must not use the website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.
- RETURNS POLICY
8.1 The Partnership follows regulations enclosed in Consumer Protection (Distance Selling) Regulations 2000, therefore will accept return of the Goods in cooling period of up to seven Working days beginning the next day from Delivery to the Buyer as specified within the aforementioned regulations. Terms for defective Goods are outlined in paragraph 9 below.
8.2 The Buyer shall inform the Partnership about the cancellation of the Contract within seven days from the day of Delivery by letter, fax or email to firstname.lastname@example.org
8.3 The Buyer shall return the Goods in unused, resalable condition with undamaged original packaging and at the Buyer’s cost. Failure to satisfy these conditions entitles the Partnership to induce charge of no more than 20% of the original price of the Goods as the Partnership will not be able to resell the Goods at full price.
8.4 If the Partnership accepts the Buyer’s claim under paragraph 8.1 it shall be bound to reimburse the cost of Goods, but not the costs of the Delivery, in reasonable amount of time but no longer than 30 Working days from the day of the cancellation. The Partnership shall not be liable for any further claims for indirect or consequential damage or loss.
8.5 All Goods supplied as substitutes because the Goods originally ordered were not available are excluded from the charge outlined in paragraph 8.3 and the Partnership will refund the full price of both Collection and Delivery.
8.6 Goods made to order (examples of which include but not exhaust: keys cut to code or locks keyed to the Buyer’s specifications) are not returnable.
8.7 Nothing in this section affects the Buyer’s statutory rights to properly examine obtained Goods.
8.8 The address to return the Goods is as follows:
33 Purley Downs Road
CR8 1HA Purley, Surrey
- CLAIMS FOR LOSS OR DEFECT
9.1 The Buyer shall inspect the Goods immediately upon delivery and shall within 3 days of delivery give notice by fax, letter or email to the Partnership of any shortage, breakage, defect or any other matter or thing by reason whereof it is alleged that the Goods are faulty and not in accordance with the Contract.
9.2 The Goods in respect of which the Buyer makes any claim hereunder shall be returned to the Partnership at the Buyer’s cost. The faulty Goods will then be inspected.
9.3 If the Partnership accepts the Buyer’s claim under paragraph 9.1 above it shall be bound to replace the Goods or at its option to refund full price originally paid for the Goods in question. Consequently if the Partnership refuses the Buyer’s claim under paragraph 9.1, the Goods in question will be shipped back to the Buyer and additional Delivery charge may be imposed.
9.4 If the Buyer shall fail to give notice or to return the Goods as required pursuant to paragraphs 9.1 and 9.2 above then the Goods shall be deemed in all respects to be in accordance with the Contract and the Buyer shall be deemed to have accepted the Goods.
- LIABILITY AND WARRANTIES
10.1 The Partnership warrants that the Goods are as described in the Partnership’s current printed catalogue and/or the Manufacturer’s Product Literature. Save as aforesaid all other conditions, guarantees or warranties whether express or implied by Statute, common law or otherwise other than the conditions as to title etc. implied by Section 12 of Sale of Goods Act 1979 are hereby excluded.
10.2 The application, use and processing of the Goods is the absolute responsibility of the Buyer and the Buyer shall be deemed to have carried out its own tests to ensure the suitability of the Goods for their intended purposes and applications.
10.3 The Partnership’s liability for any loss or damage including any consequential loss resulting from defective Goods or any act or default on the part of the Partnership, its servants or agents (including any negligent act or default) shall be limited to the price of the Goods through which the loss or damage arises.
10.4 The Buyer shall indemnify the Partnership against all claims, penalties, proceedings, costs and expenses to which the Partnership may be made subject in connection with the Goods or the Use of Goods or any goods in which the Goods are incorporated arising under the Consumer Protection Act 1987, or the Health and Safety at Work etc. Act 1974 or as a result of any claim or any allegation that there is any defect of safety or the Goods or any goods in which the Goods are incorporated.
10.5 Nothing herein shall exclude any liability of the Partnership or render the Buyer liable to indemnify the Partnership for the death or injury of any person arising from the negligence of the Partnership, its servants or agents.
- SET OFF
All sums payable under the Contract will be payable without any set off counterclaim withholding or deduction and the Partnership shall be entitled in the event of non-payment to obtain and enforce judgement thereon without any stay of execution pending the determination of any cross claims by the Buyer.
- FORCE MAJEURE
The Partnership shall not be liable for any failure in the performance of the Contract due to war, strike lockout or other trade dispute, fire, floods, explosions or shortage of materials due to any other cause whatsoever beyond the reasonable control of the Partnership.
Unless otherwise stated in the Buyer’s order the Partnership reserves the right to update and amend any specification of Goods without notice to the Buyer
Any failure on the part of the Partnership to terminate the Contract or to take any action for enforcement of the Contract in consequence of any breach by the Buyer shall not operate as a continuing waiver of the breach in question or prevent the Partnership from subsequently enforcing its right in respect of any continuing or like breach.
- THE LAW
The terms of the Contract between the Partnership and the Buyer shall be construed according to and subject to English Law and the Buyer agrees to submit the non-exclusive jurisdiction of the English Courts.