| |
Terms and Conditions Terms and Conditions
SAVVY SWITCHES LIMITED
Terms and Conditions
Important Notice
These terms and conditions will apply when you access our website and use our on-line ordering service. Before proceeding to place an order, please read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.
If you find yourself unable to agree to these terms and conditions, then you must not use our ordering service. If however, you agree to them unconditionally, you will then be able to place an order with us to which these terms and conditions will apply.
1. FORMATION OF CONTRACT
1.1 Set out below are the steps which you must follow in order to conclude a legally binding contract with us
Step 1: Provided that you agree unconditionally to these terms and conditions. The next page to appear on your screen will be our standard order form which contains information on price together with a description of the products and services which are available, and an explanation of any promotional offers and methods of payment.
Step 2: On completing the order form you will be given the opportunity to submit an order to us by clicking on the "order" button which appears at the end of the form. On receipt, we will notify you by e-mail whether we accept your order. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly, we will notify you as soon as possible by e-mail if this is the case.
1.2 Please note that while we will send to you a notification of every valid order we receive from you, we cannot guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.
1.3 These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us.
2. CONDITIONS OF USE OF THIS WEBSITE AND THE ON-LINE ORDERING SERVICE
There are some situations where we cannot accept an order and in the order form, You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.
3. THE CONTRACT FOR OUR PRODUCTS
3.1 we must receive payment of the whole of the price (including VAT and delivery charges) for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. Such a contract will not exist prior to our acceptance of your order.
3.2 We reserve the right to refuse to accept any order without giving a reason.
4. THE PRODUCTS
4.1 our standard products are described on our website at www.savvy-switches.com (the "Standard Products"). We reserve the right to change our Standard Products from time to time and to withdraw any product without giving notice.
4.2 If we design a product to your specifications (the "Bespoke Product"), you must notify us in writing that you approve the design of the Bespoke Product before we will accept your order. Once we have received notice that you approve the design of the Bespoke Product, we shall not accept any changes to it.
4.3 We will not design any Bespoke Product if it involves copying an existing design or includes anything which is subject to copyright protection. Any design or specification you give to us must be original to you and may not include any feature (including, but without limitation, images, patterns, cartoon characters, text, typefaces etc.) the copyright or design right for which belongs to any other person. By submitting an order to us you warrant to us that any design or specification comprised in the order does not breach or otherwise violate the copyright, design right or other registered or unregistered intellectual property rights or any person.
5. PRICE
5.1 The price payable for any Standard Product that you order is as set out in our website. In the case of a Bespoke Product the price quoted by our customer service adviser. All prices include VAT and delivery charges unless otherwise stated.
5.2 We reserve the right to change the prices of our products from time to time. In the case of a Standard Product the price you pay will be the price quoted on our website on the date we accept your order. The price you pay for a Bespoke Product will be the price quoted by our Adviser on the date we accept your order.
5.3 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges and details are set out in our website. We reserve the right to change our delivery charges at any time, if the carrier we use changes the price they charge to us.
6. YOUR RIGHT TO CANCEL YOUR CONTRACT
6.1 Except in the case of a Bespoke Product, you may cancel your contract with us for the products you order at any time up to the end of seven working days from the date you receive the goods without paying any penalty. You do not need to give us any reason for cancelling your contract.
6.2 In the case of an order for a Bespoke Product, you may cancel your contract with us at any time but if you do so we shall deduct from the amount of money to be re-credited to you 50% of the price of the Bespoke Product to cover our design and administration costs.
6.3 To cancel your contract you must notify us in writing at the following address: 203 Latchmere Road, London, SW11 2LA or you may e-mail us at Cancellations@savvy-switches.com.
6.4 If you have received the goods before you cancel your contract you must send them back to us at 203 Latchmere Road, London, SW11 2LA at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send them back to us at our contact address at your own cost and risk as soon as possible.
6.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card or which has been deducted from your account if your payment was received by cheque (minus any deductions to cover our costs in the case of a Bespoke Product) will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount we return to you.
7. CANCELLATION BY US
7.1 We reserve the right to cancel the contract between us if:
(a) we have insufficient stock to deliver the goods you have ordered;
(b) you do not comply with any of the terms set out in these terms and conditions in this contract;
(c) we do not deliver to your area; or
(d) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
7.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8. DELIVERY OF GOODS
8.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order, which should be your credit card billing address. All deliveries must be signed for by you and you should keep a copy of the delivery note or other proof of delivery.
8.2 When we notify you of our acceptance of your order, we will give you an estimated delivery date. In the case of Standard Products this will normally be within 28 days after we have accepted your order (provided we have stock available). In the case of Bespoke Products we will notify you of an estimated delivery date after you have confirmed your approval of the design (and if applicable any samples). It may not always be possible to deliver your order by the estimated delivery date and if this is the case we will contact you by e-mail with a revised delivery date.
8.3 We aim to deliver your complete order in one consignment but where we send your order to you in more than one consignment, you will only be charged for one delivery. We will contact you by e-mail to notify you when your order has been despatched.
8.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk.
9. GUARANTEE
9.1 All Standard Products we supply to you are guaranteed against electrical and mechanical faults in manufacture at Contactum for the period specified in the Guarantee and if any product that you order is faulty in this respect we will supply you with a free of charge replacement provided that you are located in the UK or another country covered by the Guarantee. If you intend to order a product for use outside the United Kingdom you must tell us when placing your order and we will tell you whether the Guarantee will apply to your order. A copy of the Guarantee can be viewed at www.contactum.co.uk or you can obtain a copy from our Adviser on request.
9.2 To claim a replacement product under the Guarantee you must return the faulty product to us at our contact address within five working days of notifying us of the fault. Products which are returned to us as faulty may be tested before any replacement is despatched.
9.3 We will not replace any product which develops a fault as a result of any damage caused to it as a result of an accident, incorrect installation, storage, neglect or misuse of the product by you.
10. LIABILITY
10.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address (See above) or via email to Liability@savvy-switches.com of the problem within 14 days of the delivery of the goods in question. If the goods are damaged when they are delivered to you, you must retain the original packaging in which they were delivered as we will ask you to supply this to us.
10.2 If you do not receive goods ordered within 28 days of [the date on which we accepted your order/the estimated delivery date or revised delivery date (as applicable)], we shall have no liability to you unless you notify us in writing at our contact address 203 Latchmere Road, London, SW11 2LA. If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount you paid for the goods in question in whatever way we choose.
10.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 10.2(c) above.
10.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
10.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10.6 You agree to indemnify and hold Savvy Switches Limited, its officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of our website, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, or of any intellectual property or other right of any other person or entity.
11. GENERAL
11.1 All rights, including copyright, in this website are owned by or licensed to Savvy Switches Limited. Any use of this website or its contents, including copyright or storing it or them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Savvy Switches Limited. You may not modify, distribute or re-post anything on this website for any purpose.
11.2 The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Any data about individuals you enter onto our website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. If you are in any doubt about any data please feel free to e-mail us with details of the problem first.
11.3 You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.
11.4 Please be aware that to the extent permitted by law and except as expressly provided for in these terms and conditions, we do not accept liability in respect of this website, your use of it or our on-line ordering service.
11.5 We do not guarantee that our website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for loss or damage of any kind howsoever caused to your PC resulting from use of our website.
11.6 Use of this website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.
12. NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 203 Latchmere Road, London, SW11 2LA and all notices from us to you will be displayed on our website from to time.
13. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
14. INVALIDITY
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
15. PRIVACY
We will collate the information which you give to us in the order form to provide you with our on line ordering service. By giving us this information, you agree that we may use it to process your order and that we may collect, store and process the information. We will not sell, rent or trade your personal information to third parties for marketing purposes without your express consent. Unless we have your express consent we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us, if it is required by our professional advisers who are bound by confidentiality codes and when we are legally obliged to disclose your data.
16. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17. GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
18. ENTIRE AGREEMENT
These terms and conditions, together with our current website prices, delivery details, contact details and Guarantee, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person or Adviser on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
|
|
|
