Non Business Customers
(If you are a business
customer please consult our Business Terms and Conditions here.)
BACKGROUND:
This agreement applies as between you, the User of this Web
Site and Havills Maintenance Ltd, the owner(s) of this Web Site. Your
agreement to comply with and be bound by these Terms and Conditions is deemed
to occur upon your first use of the Web Site. If you do not agree to be bound
by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a
contractual offer capable of acceptance. Your order constitutes a
contractual offer and our acceptance of that offer is deemed to occur upon our
sending a dispatch email to you indicating that your order has been fulfilled
and is on its way to you.
1.
Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
|
“Account”
|
means
collectively the personal information, Payment Information and credentials
used by Users to access Paid Content and / or any communications System on
the Web Site;
|
|
“Carrier”
|
means
any third party responsible for transporting purchased Goods from our
Premises to customers;
|
|
“Content”
|
means
any text, graphics, images, audio, video, software, data compilations and any
other form of information capable of being stored in a computer that appears
on or forms part of this Web Site;
|
|
“Goods”
|
means
any products that Havills Maintenance Ltd advertises and / or makes available
for sale through this Web Site;
|
|
“Havills Maintenance Ltd”
|
means
Havills Maintenance Ltd T/A SD Fire Alarms 4A Aspen Way, Yalberton Industrial
Estate, Paignton, Devon TQ4 7QR;
|
|
“Service”
|
means
collectively any online facilities, tools, services or information that Havills Maintenance Ltd makes available through the Web Site either now or in the future;
|
|
“Payment
Information”
|
means
any details required for the purchase of Goods from this Web Site. This
includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes;
|
|
“Purchase
Information”
|
means
collectively any orders, invoices, dispatch notes, receipts or similar that
may be in hard copy or electronic form;
|
|
“Premises”
|
Means
our place(s) of business located at http://www.sdfirealarms.co.uk and 4A
Aspen Way, Yalberton Industrial Estate, Paignton, Devon TQ4 7QR;
|
|
“System”
|
means any online
communications infrastructure that Havills Maintenance Ltd makes available
through the Web Site either now or in the future. This includes, but is
not limited to, web-based email, message boards, live chat facilities and
email links;
|
|
“User”
/ “Users”
|
means any third party that
accesses the Web Site and is not employed by Havills Maintenance Ltd and
acting in the course of their employment; and
|
|
“Web
Site”
|
means the website that you
are currently using (http://www.sdfirealarms.co.uk) and any sub-domains of
this site unless expressly excluded by their own terms and conditions.
|
2.
Age Restrictions
Persons under the age of 18 should use this Web Site only with
the supervision of an Adult. Payment Information must be provided by or
with the permission of an Adult.
3.
Business Customers
These Terms and Conditions do not apply to customers buying
Goods in the course of business. If you are a business customer please consult
our Business Terms and Conditions here.
4.
International Customers
If Goods are being ordered from outside Havills Maintenance
Ltd’s country of residence, import duties and taxes may be incurred once
your Goods reach their destination. Havills Maintenance Ltd is not
responsible for these charges and we undertake to make no calculations or
estimates in this regard. If you are buying internationally, you are
advised to contact your local customs authorities for further details on costs
and procedures. As the purchaser of the Goods, you will also be the
importer of record and as such should ensure that your purchase is in full
compliance with the laws of the country into which the Goods are being
imported. Please be aware that Goods may be inspected on arrival at port
for customs purposes and Havills Maintenance Ltd cannot guarantee that the
packaging of your Goods will be free of signs of tampering.
5.
Intellectual Property
5.1
Subject to the exceptions in Clause 6 of these Terms and Conditions, all
Content included on the Web Site, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
Havills Maintenance Ltd, our affiliates or other relevant third parties.
By continuing to use the Web Site you acknowledge that such material is
protected by applicable United Kingdom and International intellectual property
and other laws.
5.2
Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Web Site unless otherwise indicated
on the Web Site or unless given express written permission to do so by Havills Maintenance Ltd.
6.
Third Party Intellectual Property
6.1
Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.
6.2
Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use such material unless otherwise indicated on the Web
Site or unless given express written permission to do so by the relevant
manufacturer or supplier.
7.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
8.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless
expressly stated, these sites are not under the control of Havills Maintenance
Ltd or that of our affiliates. We assume no responsibility for the
content of such web sites and disclaim liability for any and all forms of loss
or damage arising out of the use of them. The inclusion of a link to
another site on this Web Site does not imply any endorsement of the sites
themselves or of those in control of them.
9.
Use of Communications Facilities
9.1
When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
9.1.1
You must not use obscene or vulgar language;
9.1.2
You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3
You must not submit Content that is intended to promote or incite
violence;
9.1.4
It is advised that submissions are made using the English language as we
may be unable to respond to enquiries submitted in any other languages;
9.1.5
The means by which you identify yourself must not violate these terms of
use or any applicable laws;
9.1.6
You must not impersonate other people, particularly employees and
representatives of Havills Maintenance Ltd or
our affiliates; and
9.1.7
You must not use our System for unauthorised mass-communication such as
“spam” or “junk mail”.
9.2
You acknowledge that Havills Maintenance Ltd reserves the right to
monitor any and all communications made to us or using our System.
10.
Accounts
10.1
In order to purchase Goods on this Web Site you are required to create
an Account which will contain certain personal details and Payment Information
which may vary based upon your use of the Web Site as we may not require
payment information until you wish to make a purchase. By continuing to
use this Web Site you represent and warrant that:
10.1.1
all information you submit is accurate and truthful;
10.1.2
you have permission to submit Payment Information where permission may
be required; and
10.1.3
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
10.2
It is recommended that you do not share your Account details,
particularly your username and password. Havills Maintenance Ltd accepts no
liability for any losses or damages incurred as a result of your Account
details being shared by you. If you use a shared computer, it is
recommended that you do not save your Account details in your internet browser.
10.3
If you have reason to believe that your Account details have been
obtained by another without consent, you should contact Havills Maintenance Ltd
immediately to suspend your Account and cancel any unauthorised purchases that
may be pending. Please be aware that purchases can only be cancelled
until they are dispatched. In the event that an unauthorised purchase is
dispatched prior to your notifying us of the unauthorised nature of the
purchase, Havills Maintenance Ltd accepts no liability or responsibility and
you should make contact with the Carrier detailed in the Purchase Information.
10.4
When choosing your username you are required to adhere to the terms set
out above in Clause 7. Any failure to do so could result in the
suspension and/or deletion of your Account.
11.
Termination and Cancellation
11.1
Either Havills Maintenance Ltd or you may terminate your Account.
If Havills Maintenance Ltd terminates your Account, you will be notified by
email and an explanation for the termination will be provided.
Notwithstanding the foregoing, we reserve the right to terminate without giving
reasons.
11.2
If Havills Maintenance Ltd terminates your Account, any current or
pending purchases on your Account will be cancelled and will not be dispatched.
11.3
Havills Maintenance Ltd reserves the right to cancel purchases without
stating reasons, for any reason prior to processing payment and dispatch.
11.4
If purchases are cancelled for any reason prior to dispatch you will be
refunded any monies paid in relation to those purchases.
11.5
If you terminate your Account any non-dispatched purchases will be
cancelled and you will be refunded any monies paid in relation to those
purchases.
12.
Goods, Pricing and Availability
12.1
Whilst every effort has been made to ensure that all graphical representations
and descriptions of Goods available from Havills Maintenance Ltd correspond to
the actual Goods, Havills Maintenance Ltd is not responsible for any variations
from these descriptions. This does not exclude our liability for mistakes
due to negligence on our part and refers only to variations of the correct
Goods, not different Goods altogether. Please refer to Clause 15.1 for
incorrect Goods.
12.2
Where appropriate, you may be required to select the required [size]
[model] [colour] [number] [other features] of the Goods that you are
purchasing.
12.3
Havills Maintenance Ltd does not represent or warrant that such Goods
will be available. Stock indications are provided on the Web Site however
these may not take into account sales that have taken place during your visit
to the website.
12.4
All pricing information on the Web Site is correct at the time of going
online. Havills Maintenance Ltd reserves the right to change prices and
alter or remove any special offers from time to time and as necessary.
12.5
In the event that prices are changed during the period between an order
being placed for Goods and Havills Maintenance Ltd processing that order and
taking payment, you will be contacted prior to your order being processed with
details of the new price;
12.6
All prices on the Web Site do not include VAT. Havills Maintenance
Ltd’s VAT number is 907 2979 92.
13.
Delivery
13.1
Havills Maintenance Ltd will notify you by way of email when your goods
are to be dispatched to you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in the delivery
of the Goods purchased by you.
13.2
If Havills Maintenance Ltd receives no communication from you, within 7
days of delivery, regarding any problems with the Goods, you are deemed to have
received the Goods in full working order and with no problems.
14.
Returns Policy
Havills Maintenance Ltd aims to always provide high quality
Goods that are fault free and undamaged. On occasion however, goods may
need to be returned. Returns are governed by these Terms and Conditions.
14.1
If you receive Goods which do not match those that you ordered, unless
accompanied by an explanatory note detailing the changes, stating reasons for
the changes and setting out your options, you should contact us within 7 days
to arrange collection and return. Havills Maintenance Ltd IS NOT
responsible for paying shipment costs. You will be given the option to
have the Goods replaced with those ordered (if available) or to be refunded
through the payment method used by you when purchasing the Goods. Refunds
and replacements will be issued upon our receipt of the returned Goods.
14.2
If any Goods you have purchased have faults when they are delivered to
you, you should contact Havills Maintenance Ltd within 28 days to arrange
collection and return. Havills Maintenance Ltd is not responsible for
paying shipment costs. Goods must be returned in their original condition
with all packaging and documentation. Upon receipt of the returned Goods,
the price of the Goods, as paid by you, will be refunded to you through the
payment method used by you when purchasing the Goods.
14.3
If any Goods develop faults within their warranty period, you are
entitled to a repair or replacement under the terms of that warranty.
14.4
If Goods are damaged in transit and the damage is apparent on delivery,
you should sign the delivery note to the effect that the goods have been
damaged. In any event, you should report such damage to Havills
Maintenance Ltd within 7 days and arrange collection and return. Havills Maintenance Ltd is not responsible for paying shipment costs. Upon receipt of the
returned Goods, the price of the Goods, as paid by you, will be refunded to you
through the payment method used by you when purchasing the Goods.
14.5
You have a statutory right to a “cooling off” period.
This period begins once your order is complete and ends 7 days after the Goods
have been delivered. If you change your mind about the goods within this
period, please return them to Havills Maintenance Ltd within 7 days of
receipt. Goods can only be returned for this reason if their packaging
remains unopened and the Goods can be re-sold, as new, without any additional
work on the part of Havills Maintenance Ltd. You are responsible for
paying shipment costs if Goods are returned for this reason.
14.6
If you wish to return Goods to Havills Maintenance Ltd for any of the
above reasons, please contact us using the details at the bottom of every page
to make the appropriate arrangements.
14.7
Havills Maintenance Ltd reserves the right to exercise discretion with
respect to any returns under these Terms and Conditions. Factors which
may be taken into account in the exercise of this discretion include, but are
not limited to:
14.7.1
Any use or enjoyment that you may have already had out of the Goods;
14.7.2
Any characteristics of the Goods which may cause them to deteriorate or
expire rapidly;
14.7.3
The fact that the Goods consist of audio or video recordings or computer
software and that the packaging has been opened;
14.7.4
Any discounts that may have formed part of the purchase price of the
Goods to reflect any lack of quality made known to the Customer at the time of
purchase.
Such discretion to be exercised only within the confines of
the law.
15.
Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into
these terms and conditions by this reference. To view the Privacy Policy,
please click on the link.
16.
Disclaimers
16.1
Havills Maintenance Ltd makes no warranty or representation that the Web
Site will meet your requirements, that it will be of satisfactory quality, that
it will be fit for a particular purpose, that it will not infringe the rights
of third parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no guarantee
of any specific results from the use of our Services.
16.2
No part of this Web Site is intended to constitute advice and the
Content of this Web Site should not be relied upon when making any decisions or
taking any action of any kind.
16.3
No part of this Web Site is intended to constitute a contractual offer
capable of acceptance.
17.
Changes to the Service and these Terms and Conditions
Havills Maintenance Ltd reserves the right to change the Web
Site, its Content or these Terms and Conditions at any time. You will be
bound by any changes to the Terms and Conditions from the first time you use
the Web Site following the changes. If Havills Maintenance Ltd is
required to make any changes to Terms and Conditions relating to sale of Goods
by law, these changes will apply automatically to any orders currently pending
in addition to any orders placed by you in the future.
18.
Availability of the Web Site
The Service is provided “as is” and on an
“as available” basis. We give no warranty that the Service
will be free of defects and / or faults. To the maximum extent permitted
by the law we provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and satisfactory
quality.
Havills Maintenance Ltd accepts no liability for any
disruption or non-availability of the Web Site resulting from external causes
including, but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
19.
Limitation of Liability
19.1
To the maximum extent permitted by law, Havills Maintenance Ltd accepts
no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary damages
arising from the use of the Web Site or any information contained therein.
Users should be aware that they use the Web Site and its Content at their own
risk.
19.2
Whilst every effort has been made to ensure that these terms and
conditions adhere strictly with the relevant provisions of the Unfair Contract
Terms Act 1977, in the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these terms and conditions and shall not affect the validity and enforceability
of the remaining terms and conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
20.
No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
21.
Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
22.
Notices
All notices / communications shall be given to us either by
post to our Premises (see address above) or by email to sales@sdfirealarms.co.uk. Such notice will
be deemed received 3 days after posting if sent by first class post, the day of
sending if the email is received in full during working hours on a business day
and on the next business day if the email is sent outside working hours
on a business day or on a weekend or public holiday.
23.
Law and Jurisdiction
These terms and conditions and the relationship between you
and Havills Maintenance Ltd shall be governed by and construed in accordance
with the Law of England and Wales and Havills Maintenance Ltd and you agree to
submit to the exclusive jurisdiction of the Courts of England and Wales.
24.
Risk and Retention of Title
24.1
Risk of damage to or loss of the Goods shall pass to the Buyer at:
24.1.1
in the case of Goods to be delivered at the Supplier"s premises, the
time when the Supplier notifies the Buyer that the Goods are available for
collection;
24.1.2
in the case of Goods to be delivered otherwise than at the Supplier"s
premises, the time of delivery or, if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Supplier has tendered delivery of the
Goods; or
24.1.3
in the case of goods being installed by the Supplier, the time that the Supplier
notifies the Buyer that the installation is complete.
24.2
Notwithstanding delivery and the passing of risk in the Goods, or any
other provision of these Conditions, legal and beneficial title of the Goods
shall not pass to the Buyer until the Supplier has received in cash or cleared
funds payment in full of the price of the Goods.
24.3
Sub-clause 24.2 notwithstanding, legal and beneficial title of the Goods
shall not pass to the Buyer until the Supplier has received in cash or cleared
funds payment in full of the price of the Goods and any other goods supplied by
the Supplier and the Buyer has repaid all moneys owed to the Supplier,
regardless of how such indebtedness arose.
24.4
Until payment has been made to the Supplier in accordance with these
Conditions and title in the Goods has passed to the Buyer, the Buyer shall be
in possession of the Goods as bailee for the Supplier and the Buyer shall store
the Goods separately and in an appropriate environment, shall ensure that they
are identifiable as being supplied by the Supplier and shall insure the Goods
against all reasonable risks.
24.5
The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the goods which remain the property of the
Supplier, but if the Buyer does so all money owing by the Buyer to the Supplier
shall (without prejudice to any other right or remedy of the Supplier)
forthwith become due and payable.
24.6
The Supplier reserves the right to repossess any Goods in which the
Supplier retains title without notice. The Buyer irrevocably authorises the
Supplier to enter the Buyer’s premises during normal business hours for
the purpose of repossessing the Goods in which the Supplier retains title and
inspecting the Goods to ensure compliance with the storage and identification
requirements of sub-clause 24.4.
24.7
The Buyer’s right to possession of the Goods in which the Supplier
maintains legal and beneficial title shall terminate if;
24.7.1
The Buyer commits or permits any material breach of his obligations
under these Conditions;
24.7.2
The Buyer enters into a voluntary arrangement under Part 1 of the
Insolvency Act 1986, or any other scheme or arrangement is made with his
creditors;
24.7.3
The Buyer is or becomes the subject of a bankruptcy order or takes
advantage of any other statutory provision for the relief of insolvent debtors;
24.7.4
The Buyer convenes any meeting of its creditors, enters
into voluntary or compulsory liquidation, has a receiver, manager,
administrator or administrative receiver appointed in respect of its assets or
undertaking or any part thereof, any documents are filed with the court for the
appointment of an administrator in respect of the Buyer, notice of intention to
appoint an administrator is given by the Buyer or any of its directors or by a
qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of
the Insolvency Act 1986), a resolution is passed or petition presented to any
court for the winding up of the Buyer or for the granting of an administration
order in respect of the Buyer, or any proceedings are commenced relating to the
insolvency or possible insolvency of the Buyer.
Business Customers
BACKGROUND:
This agreement applies as between you, the User of this Web
Site or Purchaser and Havills Maintenance Ltd, the owner(s)
of this Web Site. Your agreement to comply with and be bound by these Terms
and Conditions is deemed to occur upon your first use of the Web Site. If you
do not agree to be bound by these Terms and Conditions, you should stop using
the Web Site immediately.
No part of this Web Site is intended to constitute a
contractual offer capable of acceptance. The Purchaser’s order
constitutes a contractual offer and our acceptance of that offer is deemed to
occur upon our sending a dispatch email to the Purchaser indicating that the
order has been fulfilled and has been dispatched.
1.
Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
|
“Account”
|
means
collectively the personal information, Payment Information and credentials
used by Users to access Paid Content and / or any communications System on
the Web Site;
|
|
“Carrier”
|
means
any third party responsible for transporting purchased Goods from our
Premises to customers;
|
|
“Content”
|
means
any text, graphics, images, audio, video, software, data compilations and any
other form of information capable of being stored in a computer that appears
on or forms part of this Web Site;
|
|
“Goods”
|
means
any products that Havills Maintenance Ltd advertises
and / or makes available for sale through this Web Site;
|
|
“Havills Maintenance Ltd”
|
meansHavills Maintenance Ltd T/A SD Fire Alarms 4A Aspen Way, Yalberton Industrial Estate, Paignton, Devon TQ4 7QR;
|
|
“Service”
|
means
collectively any online facilities, tools, services or information that Havills Maintenance Ltd makes available through the Web Site
either now or in the future;
|
|
“Payment
Information”
|
means
any details required for the purchase of Goods from this Web Site. This
includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes;
|
|
“Purchaser”
|
means
any person or business that buys Goods from Havills Maintenance Ltd from this Web Site;
|
|
“Purchase
Information”
|
means
collectively any orders, invoices, dispatch notes, receipts or similar that
may be in hard copy or electronic form;
|
|
“Premises”
|
Means
our place(s) of business located at http://www.sdfirealarms.co.uk
and 4A Aspen Way, Yalberton Industrial Estate, Paignton, Devon TQ4 7QR;
|
|
“System”
|
means any online
communications infrastructure that Havills Maintenance Ltd
makes available through the Web Site either now or in the future. This
includes, but is not limited to, web-based email, message boards, live chat
facilities and email links;
|
|
“User”
/ “Users”
|
means any third party that
accesses the Web Site and is not employed by Havills Maintenance Ltd and acting in the course of their employment; and
|
|
“Web
Site”
|
means the website that you
are currently using (http://www.sdfirealarms.co.uk) and any
sub-domains of this site unless expressly excluded by their own terms and
conditions.
|
2.
Business Customers
These Terms and Conditions apply to business customers only. If
you are a non-business customer please consult our Non-Business Terms and
Conditions here.
3.
International Customers
If Goods are being ordered from outside Havills Maintenance Ltd’s country of residence, import duties and taxes may be incurred
once the Goods reach their destination. Havills Maintenance Ltd is not responsible for these charges and we undertake to make no
calculations or estimates in this regard. If a Purchaser buying internationally,
they are advised to contact their local customs authorities for further details
on costs and procedures. The Purchaser of the Goods will also be the
importer of record and as such should ensure that the purchase is in full
compliance with the laws of the country into which the Goods are being
imported. Please be aware that Goods may be inspected on arrival at port
for customs purposes and Havills Maintenance Ltd gives no
guarantee that the packaging of the Goods will be free of signs of tampering.
4.
Intellectual Property
4.1
Subject to the exceptions in Clause 5 of these Terms and Conditions, all
Content included on the Web Site, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
Havills Maintenance Ltd, our affiliates or other relevant
third parties. By continuing to use the Web Site you acknowledge that
such material is protected by applicable United Kingdom and International intellectual
property and other laws.
4.2
Subject to Clause 6 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Web Site unless otherwise indicated
on the Web Site or unless given express written permission to do so by Havills Maintenance Ltd.
5.
Third Party Intellectual Property
5.1
Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.
5.2
Subject to Clause 6 you may not reproduce, copy, distribute, store or in
any other fashion re-use such material unless otherwise indicated on the Web
Site or unless given express written permission to do so by the relevant
manufacturer or supplier.
6.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
7.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless
expressly stated, these sites are not under the control of Havills Maintenance Ltd or that of our affiliates. We assume no responsibility for the
content of such web sites and disclaim liability for any and all forms of loss
or damage arising out of the use of them. The inclusion of a link to
another site on this Web Site does not imply any endorsement of the sites
themselves or of those in control of them.
8.
Use of Communications Facilities
8.1
When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
8.1.1
obscene or vulgar language must not be used;
8.1.2
Content that is unlawful or otherwise objectionable must not be
submitted. This includes, but is not limited to, Content that is abusive,
threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3
Content that is intended to promote or incite violence must not be
submitted;
8.1.4
it is advised that submissions are made using the English language(s) as
we may be unable to respond to enquiries submitted in any other languages;
8.1.5
the means by which Users identify themselves must not violate these terms
of use or any applicable laws;
8.1.6
Users must not impersonate other people, particularly employees and
representatives of Havills Maintenance Ltd or our affiliates; and
8.1.7
our System must not be used for unauthorised mass-communication such as
“spam” or “junk mail”.
8.2
You acknowledge that Havills Maintenance Ltd reserves
the right to monitor any and all communications made to us or using our System.
9.
Accounts
9.1
In order to purchase Goods on this Web Site Users are required to create
an Account which will contain certain personal details and Payment Information
which may vary based upon a User’s use of the Web Site as we may not
require payment information until a purchase is to be made. By continuing
to use this Web Site you represent and warrant that:
9.1.1
all information you submit is accurate and truthful;
9.1.2
if you are buying on behalf of your employers, you have the authority to
submit Payment Information where any such authority is required; and
9.1.3
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
9.2
It is recommended that you do not share your Account details,
particularly your username and password. Havills Maintenance Ltd accepts no liability for any losses or damages incurred as a result of
your Account details being shared by you. If you use a shared computer,
it is recommended that you do not save your Account details in your internet
browser.
9.3
If you have reason to believe that your Account details have been
obtained by another without consent, you should contact Havills Maintenance Ltd immediately to suspend your Account and cancel any unauthorised
purchases that may be pending. Please be aware that purchases can only be
cancelled until they are dispatched. In the event that an unauthorised
purchase is dispatched prior to your notifying us of the unauthorised nature of
the purchase, Havills Maintenance Ltd accepts no liability
or responsibility and you should make contact with the Carrier detailed in the
Purchase Information.
9.4
When choosing a username Users are required to adhere to the terms set
out above in Clause 9. Any failure to do so could result in the
suspension and/or deletion of your Account.
10.
Termination and Cancellation
10.1
Either Havills Maintenance Ltd or a User may
terminate an Account. If Havills Maintenance Ltd
terminates your Account, you will be notified by email and an explanation for
the termination will be provided. Notwithstanding the foregoing, we
reserve the right to terminate without giving reasons.
10.2
If Havills Maintenance Ltd terminates an Account, any
current or pending purchases on your Account will be cancelled and will not be
dispatched.
10.3
Havills Maintenance Ltd reserves the right to cancel purchases without
stating reasons, for any reason prior to processing payment and dispatch.
10.4
If purchases are cancelled for any reason prior to dispatch Purchasers
will be refunded any monies paid in relation to those purchases.
10.5
If a User terminates their Account any non-dispatched purchases will be
cancelled and a full refund of any monies paid in relation to those purchases
will be paid through the payment method used when the Goods were purchased.
11.
Payment
11.1
Any and all invoices are due for payment on the date shown on the
invoice, unless alternative arrangements have been agreed between the Purchaser
and Havills Maintenance Ltd.
11.2
Interest will be charged for late payment on a monthly basis, commercial
interest at 2.5% above the base rate of the Bank of England
obtained at the time.
12.
Goods, Pricing and Availability
12.1
Whilst every effort has been made to ensure that all graphical
representations and descriptions of Goods available from Havills Maintenance
Ltd correspond to the actual Goods, Havills Maintenance Ltd is not responsible
for any variations from these descriptions. This does not exclude our
liability for mistakes due to negligence on our part and refers only to variations
of the correct Goods, not different Goods altogether. Please refer to
Clause 16.1 for incorrect Goods.
12.2
Where appropriate, you may be required to select the required [size]
[model] [colour] [number] [other features] of the Goods that you are purchasing.
12.3
Havills Maintenance Ltd does not represent or warrant that such Goods
will be available. Stock indications are provided on the Web Site however
these may not take into account sales that have taken place during your visit
to the website.
12.4
All pricing information on the Web Site is correct at the time of going
online. Havills Maintenance Ltd reserves the right to change prices and
alter or remove any special offers from time to time and as necessary.
12.5
In the event that prices are changed during the period between an order
being placed for Goods and Havills Maintenance Ltd processing that order and
taking payment, you will be contacted prior to your order being processed with
details of the new price;
12.6
All prices on the Web Site do not include VAT. Havills Maintenance
Ltd’s VAT number is 907 2979 92.
13.
Property, Risk and Account of Profits
13.1
Title in Goods will not pass to the Purchaser until the full purchase
price for those Goods has been received by Havills
Maintenance Ltd. Title remains with Havills
Maintenance Ltd until payment is complete.
13.2
If the Purchaser sells the Goods on to its own customers in any form,
either as purchased from Havills Maintenance Ltd or forming
a component part of a larger Good, and any amount of the purchase price payable
to Havills Maintenance Ltd remains outstanding, the
Purchaser must account to Havills Maintenance Ltd for the
proceeds of such a sale. The Purchaser is then required to hold such
proceeds on trust for Havills Maintenance Ltd until payment
has been received in full by Havills Maintenance Ltd.
Havills Maintenance Ltd reserves the right to trace all proceeds under
the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the
payment date has passed, if any sums remain outstanding, Havills Maintenance Ltd has the right to enter the Purchaser’s premises and remove any Goods
which, by virtue of Clause 14.1, remain the property of Havills Maintenance Ltd.
14.
Delivery
14.1
Havills Maintenance Ltd will notify you by way of email when your goods
are to be dispatched to you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in the delivery
of the Goods purchased by you.
14.2
If Havills Maintenance Ltd receives no communication from you, within 7
days of delivery, regarding any problems with the Goods, you are deemed to have
received the Goods in full working order and with no problems.
15.
Returns Policy
Havills Maintenance Ltd aims to always
provide high quality Goods that are fault free and undamaged. On occasion
however, goods may need to be returned. Returns are governed by these
Terms and Conditions.
15.1
If the Purchaser receives Goods which do not match those ordered, unless
accompanied by an explanatory note detailing the changes, stating reasons for
the changes and setting out your options, the Purchaser should contact us
within 7 days to arrange collection and return. Havills Maintenance Ltd is not responsible for paying shipment costs. The Purchaser will
be given the option to have the Goods replaced with those ordered (if
available) or to be refunded through the payment method used when the Goods
were purchased. Refunds and replacements will be issued upon our receipt
of the returned Goods.
15.2
If any Goods purchased have faults when they are delivered, the
Purchaser should contact Havills Maintenance Ltd within 28
days to arrange collection and return. Havills
Maintenance Ltd is not responsible for paying shipment costs. Goods must
be returned in their original condition with all packaging and
documentation. Upon receipt of the returned Goods, the price of the
Goods, as paid, will be refunded through the payment method used when the Goods
were purchased.
15.3
If any Goods develop faults within their warranty period, the Purchaser
is entitled to a repair or replacement under the terms of that warranty.
15.4
If Goods are damaged in transit and the damage is apparent on delivery, the
Purchaser should sign the delivery note to the effect that the goods have been
damaged. In any event, such damage should be reported to Havills Maintenance Ltd within 7 days and arrange collection and return. Havills Maintenance Ltd is not responsible for paying shipment costs. Upon receipt of the
returned Goods, the price of the Goods, as paid, will be refunded through the
payment method used when the Goods were purchased.
15.5
If the Goods have been dispatched or have reached you, but the Purchaser
decides that they are no longer required, the Goods can be returned to Havills Maintenance Ltd within 7 days of receipt. Goods
can only be returned for this reason if their packaging remains unopened and
the Goods can be re-sold, as new, without any additional work on the part of Havills Maintenance Ltd. The Purchaser is responsible for
paying shipment costs if Goods are returned for this reason.
15.6
If the Purchaser wishes to return Goods to Havills Maintenance Ltd for any of the above reasons, please contact us using the details at
the bottom of every page to make the appropriate arrangements.
15.7
Havills Maintenance Ltd reserves the right to exercise discretion with
respect to any returns under these Terms and Conditions. Factors which
may be taken into account in the exercise of this discretion include, but are
not limited to:
15.7.1
Any use or enjoyment that you may have already had out of the Goods;
15.7.2
Any characteristics of the Goods which may cause them to deteriorate or
expire rapidly;
15.7.3
The fact that the Goods consist of audio or video recordings or computer
software and that the packaging has been opened;
15.7.4
Any discounts that may have formed part of the purchase price of the
Goods to reflect any lack of quality made known to the Customer at the time of
purchase.
Such discretion to be exercised only within the confines of
the law.
16.
Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into
these terms and conditions by this reference. To view the Privacy Policy,
please click on the link.
17.
Disclaimers
Havills Maintenance Ltd makes no warranty or representation that the
Web Site will meet your requirements, that it will be of satisfactory quality,
that it will be fit for a particular purpose, that it will not infringe the
rights of third parties, that it will be compatible with all systems, that it
will be secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of our Services.
17.2
No part of this Web Site is intended to constitute advice and the
Content of this Web Site should not be relied upon when making any decisions or
taking any action of any kind.
17.3
No part of this Web Site is intended to constitute a contractual offer
capable of acceptance.
18.
Changes to the Service and these Terms and Conditions
Havills Maintenance Ltd reserves the right
to change the Web Site, its Content or these Terms and Conditions at any
time. Users and Purchasers will be bound by any changes to the Terms and
Conditions from the first time the Web Site is used by them following the
changes. If Havills Maintenance Ltd is required to
make any changes to Terms and Conditions relating to sale of Goods by law,
these changes will apply automatically to any orders currently pending in
addition to any orders placed by Purchasers in the future.
19.
Availability of the Web Site
The Service is provided “as is” and on an
“as available” basis. We give no warranty that the Service
will be free of defects and / or faults. To the maximum extent permitted
by the law we provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compati
Havills Maintenance Ltd accepts no liability for any disruption
or non-availability of the Web Site resulting from external causes including,
but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
20.
Limitation of Liability
20.1
To the maximum extent permitted by law, Havills Maintenance Ltd accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Web Site or any information
contained therein. Users should be aware that they use the Web Site and its
Content at their own risk.
20.2
Whilst every effort has been made to ensure that these terms and
conditions adhere strictly with the relevant provisions of the Unfair Contract
Terms Act 1977, in the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these terms and conditions and shall not affect the validity and enforceability
of the remaining terms and conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
21.
No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
22.
Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and Conditions
shall prevail unless it is expressly stated otherwise.
23.
Notices
All notices / communications shall be given to us either by
post to our Premises (see address above) or by email to sales@sdfirealarms.co.uk. Such notice will
be deemed received 3 days after posting if sent by first class post, the day of
sending if the email is received in full during working hours on a business day
and on the next business day if the email is sent outside working hours
on a business day or on a weekend or public holiday.
24.
Law and Jurisdiction
These terms and conditions and the relationship between you
and Havills Maintenance Ltd shall be governed by and
construed in accordance with the Law of England and Wales and Havills Maintenance Ltd and you agree to submit to the exclusive jurisdiction of the Courts of
England and Wales.
25.
Risk and Retention of Title
25.1
Risk of damage to or loss of the Goods shall pass to the Buyer at:
25.1.1
in the case of Goods to be delivered at the Supplier"s premises, the time
when the Supplier notifies the Buyer that the Goods are available for
collection;
25.1.2
in the case of Goods to be delivered otherwise than at the Supplier"s
premises, the time of delivery or, if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Supplier has tendered delivery of the
Goods; or
25.1.3
in the case of goods being installed by the Supplier, the time that the Supplier
notifies the Buyer that the installation is complete.
25.2
Notwithstanding delivery and the passing of risk in the Goods, or any
other provision of these Conditions, legal and beneficial title of the Goods
shall not pass to the Buyer until the Supplier has received in cash or cleared
funds payment in full of the price of the Goods.
25.3
Sub-clause 25.2 notwithstanding, legal and beneficial title of the Goods
shall not pass to the Buyer until the Supplier has received in cash or cleared
funds payment in full of the price of the Goods and any other goods supplied by
the Supplier and the Buyer has repaid all moneys owed to the Supplier,
regardless of how such indebtedness arose.
25.4
Until payment has been made to the Supplier in accordance with these
Conditions and title in the Goods has passed to the Buyer, the Buyer shall be
in possession of the Goods as bailee for the Supplier and the Buyer shall store
the Goods separately and in an appropriate environment, shall ensure that they
are identifiable as being supplied by the Supplier and shall insure the Goods
against all reasonable risks.
25.5
The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the goods which remain the property of the
Supplier, but if the Buyer does so all money owing by the Buyer to the Supplier
shall (without prejudice to any other right or remedy of the Supplier)
forthwith become due and payable.
25.6
The Supplier reserves the right to repossess any Goods in which the
Supplier retains title without notice. The Buyer irrevocably authorises the
Supplier to enter the Buyer’s premises during normal business hours for
the purpose of repossessing the Goods in which the Supplier retains title and
inspecting the Goods to ensure compliance with the storage and identification
requirements of sub-clause 25.4.
25.7
The Buyer’s right to possession of the Goods in which the Supplier
maintains legal and beneficial title shall terminate if;
25.7.1
The Buyer commits or permits any material breach of his obligations
under these Conditions;
25.7.2
The Buyer enters into a voluntary arrangement under Part 1 of the
Insolvency Act 1986, or any other scheme or arrangement is made with his
creditors;
25.7.3
The Buyer is or becomes the subject of a bankruptcy order or takes
advantage of any other statutory provision for the relief of insolvent debtors;
25.7.4
The Buyer convenes any meeting of its creditors, enters
into voluntary or compulsory liquidation, has a receiver, manager,
administrator or administrative receiver appointed in respect of its assets or
undertaking or any part thereof, any documents are filed with the court for the
appointment of an administrator in respect of the Buyer, notice of intention to
appoint an administrator is given by the Buyer or any of its directors or by a
qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of
the Insolvency Act 1986), a resolution is passed or petition presented to any
court for the winding up of the Buyer or for the granting of an administration
order in respect of the Buyer, or any proceedings are commenced relating to the
insolvency or possible insolvency of the Buyer.
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