Terms & Conditions
Business Terms of Sale:
BACKGROUND:
These Terms of Sale set out the terms under which Goods are sold
by Us to business customers through this website, www.supatex.co.uk
(“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of
Sale when ordering Goods. If you do not agree to comply with
and be bound by these Terms of Sale, you will not be able to order
Goods through Our Site. These Terms of Sale, as well as any and
all Contracts are in the English language only.
1. Definitions and InterpretationIn these Terms of Sale, unless
the context otherwise requires, the following expressions have the
following meanings:
“Contract” means a contract for the purchase
and sale of Goods, as explained in Clause 7
“Goods” means the goods sold by Us through
Our Site
“Order” means your order for Goods
"Order Confirmation” means Our acceptance
and confirmation of your Order
“Order Number” means the reference number for
your Order
“We/Us/Our” means HNR LTD trading as
Supatex.co.uk , a company registered in England under company number
05849626, whose registered address is Unit 3, Finway Court,
Whippendell Road, Watford, Hertfordshire, WD18 7EN.
“You” means the purchasing party entering
into the order of goods.
2. Information About Us
- Our Site, supatex.co.uk is owned and operated by HNR LTD, a
limited company registered in England under company number 05849626
whose registered address is Unit 3, Finway Court, Whippendell Road,
Watford, Hertfordshire, WD18 7EN. Our VAT number is 782 506 615
3. Access to and Use of Our Site
- Access to Our Site is free of
charge.
- It is your responsibility to make
any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as
available” basis. We may alter, suspend or discontinue Our Site
(or any part of it) at any time and without notice. We will
not be liable to you in any way if Our Site (or any part of it) is
unavailable at any time and for any period.
4. Business Customers and Consumers
- These Terms of Sale apply to
business customers only. These Terms of Sale do not apply to
individual consumers purchasing Goods for personal use (that is, not
in connection with, or for use in, their trade, business, craft, or
profession). If you are a consumer, please consult Our
Consumer Terms of Sale.
- These Terms of Sale constitute the entire agreement between
Us and you with respect to your purchase of Goods from Us. You
acknowledge that you have not relied upon any statement,
representation, warranty, assurance, or promise made by or on behalf
of Us that is not set out in these Terms of Sale and that you shall
have no claim for innocent or negligent misrepresentation or
negligent misstatement based upon any statement herein.
5. International Customers
5.1 If you are ordering goods for delivery
outside of the UK, please note that your consignment may be subject
to import duties and taxes, which are levied once goods reach the
country of destination. Any such charges levied in relation to
customs clearance must be borne by you. If you are ordering goods for
delivery outside of the UK, please note that your consignment may be
subject to import duties and taxes, which are levied once goods reach
the country of destination. Any such charges levied in relation to
customs clearance must be borne by you
5.2 If you are ordering goods
for delivery into a country or territory which is subject to
international sanctions and / or restrictions then we reserve the
right to hold, refuse or cancel the order subject to compliance with
sanctions and / or restrictions in place.
6. Goods, Pricing and Availability
- We make all reasonable efforts to
ensure that all descriptions and graphical representations of Goods
available from Us correspond to the actual Goods. Please note,
however, the following: Images of Goods are for illustrative
purposes only. There may be slight variations in colour between the
image of a product and the actual product sold due to differences in
device displays and lighting conditions;Images and/or descriptions
of packaging are for illustrative purposes only, the actual
packaging of Goods may vary.Due to the nature of the Goods sold
through Our Site, there may be up to a 10% variance in the size,
dimensions and measurements of those Goods between the actual Goods
and the description.
- Please note that sub-Clause 6.1
does not exclude Our responsibility for mistakes due to negligence
on Our part and refers only to minor variations of the correct
Goods, not to different Goods altogether. Please refer to Clause 11
if you receive incorrect Goods (i.e. Goods that are not as
described).
- Where appropriate, you may be
required to select the required length, thickness, type and colour
of the Goods that you are purchasing.
- We cannot guarantee that Goods
will always be available. Stock indications are provided on Our
Site, but are subject to change due to order demands yet to be
reflected.
- Minor changes may, from time to
time, be made to certain Goods between your Order being placed and
Us processing that Order and dispatching the Goods, for example, to
reflect changes in relevant laws and regulatory requirements, or to
address particular technical issues. Any such changes will not
change any main characteristics of the Goods and will not normally
affect your use of those Goods. However, if any change is made
that would affect your use of the Goods, suitable information will
be provided to you.
- In some cases, as explained in the
description of Goods on Our Site, more significant changes may be
made to the Goods. If any such changes are made and will affect your
Order, We will notify you in writing before the changes take effect
and you will be given an opportunity to cancel your Order (or the
affected part thereof), and We will issue a refund for any Goods
paid for but not received.
- We make all reasonable efforts to
ensure that all prices shown on Our Site are correct at the time of
going online. We reserve the right to change prices and to add,
alter, or remove special offers from time to time and as necessary.
Changes in price will not affect any order that you have already
placed (please note sub-Clause 6.10 regarding VAT, however).
- All prices are checked by Us
before We accept your Order. In the unlikely event that We have
shown incorrect pricing information, We will contact you in writing
to inform you of the mistake. If the correct price is lower than
that shown when you made your Order, We will simply charge you the
lower amount and continue processing your Order. If the
correct price is higher, We will give you the option to purchase the
Goods at the correct price or to cancel your Order (or the affected
part of it). We will not proceed with processing your Order in
this case until you respond. If We do not receive a response
from you within 10 working days, We will treat your Order as
cancelled and notify you of this in writing.
- In the event that the price of
Goods you have ordered changes between your Order being placed and
Us processing that Order and taking payment, you will be charged the
price shown on Our Site at the time of placing your Order.
- Prices on Our Site are shown both
exclusive of and inclusive of VAT. If the VAT rate changes between
your Order being placed and Us taking payment, the amount of VAT
payable will be automatically adjusted when taking payment.
- Delivery charges are not included in the price of Goods
displayed on Our Site. However delivery options and related charges
will be presented to you as part of the order process at the
checkout stage.
7. Orders – How Contracts Are Formed
- Our Site will guide you through
the ordering process. Before submitting your Order you will be given
the opportunity to review your Order and amend it. Please
ensure that you have checked your Order carefully before submitting
it.
- If, during the order process, you
provide Us with incorrect or incomplete information, please contact
Us as soon as possible. If We are unable to process your Order due
to incorrect or incomplete information, We will contact you to ask
to correct it. If you do not give Us the accurate or complete
information within a reasonable time of Our request, We will cancel
your Order and treat the Contract as being at an end. If We
incur any costs as a result of your incorrect or incomplete
information, We may pass those costs on to you.
- No part of Our Site constitutes a
contractual offer capable of acceptance. Your Order constitutes a
contractual offer that We may, at Our sole discretion, accept. Our
acknowledgement of receipt of your Order does not mean that We have
accepted it. A contract is formed between Us and you when we
despatch the goods that you have ordered and not before.
- Order Confirmations shall contain
the following information:Your Order Number; Confirmation of the
Goods ordered including full details of the main characteristics of
those Goods; Fully itemised pricing for the Goods ordered including,
where appropriate, taxes, delivery and other additional charges;
Estimated delivery date(s)
- We will also include a paper copy
of the Order Confirmation with your Goods.In the unlikely event that
We do not accept or cannot fulfil your Order for any reason, We will
explain why in writing. No payment will be taken under normal
circumstances. If We have taken payment any such sums will be
refunded to you as soon as possible and in any event within 28
working days.
- Any refunds due under this Clause 7 will be made using the
same payment method that you used when ordering the Goods.
8. Payment
- All prices quoted are in GB
Pounds, with an option to view and transact in US Dollars and Euro
currency.
- Payment for Goods and related
delivery charges must always be made in advance and you will be
prompted to pay during the order process. Your chosen payment method
will be charged at point of purchase.
- Payment must be made in full for
your Order, without any set-off, counterclaim, deduction, or
withholding (except where any deduction or withholding of tax is
required by law).
- Our secure ordering system ensures
your complete privacyWe accept Visa, Delta, Electron, Mastercard,
Solo, Maestro, American Express, Diners Club, JCB and Union Pay
cards.
- All card sales are subject to
checking and are processed using Elavon Payment Gateway and/or
PayPal (depending on your selection at the checkout).
- We do not store payment card details.
9. Delivery, Risk and Ownership
- All Goods purchased through Our
Site will normally be despatched within 30 calendar days after the
date of Our Order Confirmation via unless otherwise agreed or
specified during the Order process (subject to delays caused by
events outside of Our control, for which see Clause 13).
- All necessary equipment required
to unload lorries, etc shall be supplier by you. Our carriers are
not responsible for the unloading of goods.
- If our carriers are unable to
deliver the Goods on the delivery date, the following will apply: If
no one is available at your delivery address to receive the Goods
and the Goods cannot be left in a safe place nominated by you, our
carrier will leave a delivery note explaining how to rearrange
delivery or where to collect the Goods; If you do not collect the
Goods or rearrange delivery within 5 working days, We will contact
you to ask you how you wish to proceed. If We cannot contact you or
arrange redelivery or collection, We will treat the Contract as
cancelled and recover the Goods. If this happens, you will be
refunded the purchase price of the Goods themselves, but not the
cost of delivery. We may also bill you for any reasonable
additional cost that We incur in recovering the Goods.
- In the unlikely event that We fail
to despatch the Goods within 30 calendar days of Our Order
Confirmation (or as otherwise agreed or specified as under
sub-Clause 10.1), if any of the following apply you may treat the
Contract as being at an end immediately: We have refused to despatch
your Goods; Or, In light of all relevant circumstances, despatch
within that time period was essential; Or, You told Us when ordering
the Goods that despatch within that time period was essential.
- If you do not wish to cancel under
sub-Clause 9.3 or if none of the specified circumstances apply, you
may specify a new (reasonable) delivery date. If We fail to meet the
new deadline, you may then treat the Contract as being at an end.
- You may cancel all or part of your
Order under sub-Clauses 9.3 or 9.4 provided that separating the
Goods in your Order would not significantly reduce their value. Any
sums that you have already paid for cancelled Goods and their
delivery will be refunded to you within 28 working days.
Please note that if any cancelled Goods are delivered to you, you
must return them to Us or arrange with Us for their collection.
In either case, We will bear the cost of returning the cancelled
Goods.
- Delivery shall be deemed complete
once We have delivered the Goods to the address including, where
relevant, any alternative address you have provided.
- Ownership of the Goods passes to
you once We have received payment in full of all sums due (including
any applicable delivery charges) and the goods have been despatched
to You.
- Responsibility for (the risk in)
the Goods will pass to you when delivery is complete, as defined in
sub-Clause 9.6.
- Any refunds due under this Clause 9 will be made using the
same payment method that you used when ordering the Goods.
10. Storage
10.1 We recommend that you handle and
store goods in accordance with British Standards 3574 which, amongst
other things, provides that:
- Goods should be kept well wrapped
whilst in storage
- Damp and moist storage conditions
should be avoided
- Goods should be kept away from
heat and free from frost and stored between 15-25 degrees Celsius
- Goods should avoid prolonged
exposure to light, particularly light with a high UV content
- Goods should avoid contact with copper and copper containing
alloys
10.2 We cannot be held liable for any
defects arising through the failure of You to store and handle in
accordance with the British Standard.
11. Faulty, Damaged or Incorrect Goods
- We warrant that the Goods, on
delivery, shall be as described; be free from material defects in
design, material, and workmanship; be of satisfactory quality (as
defined in the Sale of Goods Act 1979); and be fit for any purpose
described by Us.
- If any Goods you have purchased do
not comply, subject to sub-Clause 11.3 and your compliance with
sub-Clauses 11.2.1 to 11.2.3, We shall, at Our option, repair the
affected Goods, replace them, or issue you with a full refund for
the price of the affected Goods. The following conditions shall
apply: You must give Us written notice of the non-compliance within
a reasonable time of discovering it. Any defects in the quality or
state of the goods which would be apparent on a reasonable
examination or for their being otherwise not in accordance with the
contract are required to be notified in writing within 3 working
days after receipt of the goods. Any defects in the quality or state
of the goods which would not be apparent on a reasonable examination
shall be given to Us by written notice within 12 months after
receipt of goods. You must return the Goods in question to Us at Our
expense (see sub-Clause 11.6 for more information); and You must
give Us a reasonable opportunity to examine the Goods in question.
- We will not be liable for any
non-compliance with the provisions of sub-Clause 11.1 of any Goods
if any of the following apply: You have made any further use of the
affected Goods after giving Us written notice of the non-compliance
under sub-Clause 11.2.1; The non-compliance has arisen as a result
of your failure to follow Our instructions on the correct usage and
storage of the affected Goods or, where no instructions are
provided, your failure to follow good trade practice with respect to
the same; The non-compliance has arisen as a direct result of any
information (incorrect or otherwise) provided by you to Us; You have
made any unauthorised alterations or repairs to the affected Goods;
Or, The non-compliance is the result of normal wear and tear, size
tolerance as stated in clause 6.1.3, deliberate damage, negligence,
or abnormal or unsuitable working conditions.
- The terms of this Clause 11 shall
also apply to any Goods which are repaired or replaced by Us under
sub-Clause 11.2.
- Except as provided in this Clause
11, We shall have no further liability to you with respect to Goods
which do not comply with sub-Clause 11.1.
- To return Goods to Us for any
reason under this Clause 11, please contact Us
at info@supatex.co.uk or through the Contact Us page on
the Supatex website to arrange for a collection and return. We will
be fully responsible for the costs of returning Goods under this
Clause 11 and will reimburse you where appropriate.
- Refunds (whether full or partial)
under this Clause 11 will be issued within 28 working days of the
day on which We agree that you are entitled to the refund.
- Any and all refunds issued under
this Clause 11 will, if relevant, include all delivery costs paid by
you when the Goods were originally purchased.
- Refunds under this Clause 11 will be made either by using the
same payment method that you used when ordering the Goods or by way
of credit or discount on future orders. Method of refund will be
agreed between You and Us before being issued.
12. Our Liability
- Subject to sub-Clause 12.3, We
will not be liable to you, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, for any loss of
profit, loss of business, interruption to business, for any loss of
business opportunity, or for any indirect or consequential loss
arising out of or in connection with any contract between you and
Us.
- Except to the extent expressly set
out in sub-Clause 11.1, the terms implied by Sections 13 to 15 of
the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of
Goods and Services Act 1982 are excluded.
- Nothing in these Terms of Sale seeks to limit or exclude Our
liability for death or personal injury caused by Our negligence
(including that of Our employees, agents or sub-contractors); for
fraud or fraudulent misrepresentation; for breach of the terms
implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of
the Supply of Goods and Services Act 1982; for defective products
under the Consumer Protection Act 1987; or for any other matter in
respect of which liability cannot be excluded or restricted by law.
13. Events Outside of Our Control (Force Majeure)
- We will not be liable for any
failure or delay in performing Our obligations where that failure or
delay results from any cause that is beyond Our reasonable control.
Such causes include, but are not limited to: power failure, internet
service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire,
explosion, flood, storms, earthquakes, subsidence, acts of terrorism
(threatened or actual), acts of war (declared, undeclared,
threatened, actual or preparations for war), epidemic or other
natural disaster, or any other event that is beyond Our reasonable
control.
- If any event described under this Clause 13 occurs that is
likely to adversely affect Our performance of any of Our obligations
under these Terms of Sale: We will inform you as soon as is
reasonably possible; We will take all reasonable steps to minimise
the delay; To the extent that We cannot minimise the delay, Our
affected obligations under these Terms of Sale (and therefore the
Contract) will be suspended and any time limits that We are bound by
will be extended accordingly; We will inform you when the event
outside of Our control is over and provide details of any new dates,
times or availability of Goods as necessary; If the event outside of
Our control continues for more than 28 working days We will cancel
the Contract and inform you of the cancellation. Any refunds due to
you as a result of that cancellation will be paid to you as soon as
is reasonably possible and in any event within 28 working days of
the date on which the Contract is cancelled and will be made using
the same payment method that you used when ordering the Goods; If an
event outside of Our control occurs and you wish to cancel the
Contract as a result, you may do so in any way you wish. To contact
Us directly to cancel, please use the following details:
Telephone: +44 (0) 1923 813 461;
Email: info@supatex.co.uk;
Post: HNR LTD(Supatex.co.uk), Unit 3, Finway Court, Whippendell
Road, Watford, Hertfordshire, WD18 7EN, UK;
In each case, providing Us with your name, address, email address,
telephone number, and Order Number. Any refunds due to you as a
result of such cancellation will be paid to you as soon as is
reasonably possible and in any event within 28 working days of the
date on which the Contract is cancelled and will be made using the
same payment method that you used when ordering the Goods.
14. Communication and Contact Details
- If you wish to contact Us with matters relating to Goods or
your order, cancellations, general questions or complaints, you may
contact Us by telephone at +44 (0) 1923 813 461, by email
at info@supatex.co.uk, or by post at HNR LTD(Supatex.co.uk),
Unit 3, Finway Court, Whippendell Road, Watford, Hertfordshire, WD18
7EN, UK.
15. Complaints and Feedback
- We always welcome feedback from
Our customers and, whilst We always use all reasonable endeavours to
ensure that your experience as a customer of Ours is a positive one,
We nevertheless want to hear from you if you have any cause for
complaint.
- All complaints are handled in
accordance with Our complaints handling policy and procedure,
available from our registered office.
- If you wish to give Us feedback on any aspect of your
dealings with Us, please contact Us in one of the following ways; In
writing, addressed to Sales Department, HNR LTD(Supatex.co.uk), Unit
3, Finway Court, Whippendell Road, Watford, Hertfordshire, WD18 7EN,
UK.; By email, addressed to info@supatex.co.uk; By contacting
Us by telephone on +44 (0) 1923 813 461
16. How We Use Your Personal Information (Data Protection)
- All personal information that We
may use will be collected, processed, and held in accordance with
the provisions of EU Regulation 2016/679 General Data Protection
Regulation (“GDPR”) and your rights under the GDPR.
- For complete details of Our collection, processing, storage,
and retention of personal data including, but not limited to, the
purpose(s) for which personal data is used, the legal basis or bases
for using it, details of your rights and how to exercise them, and
personal data sharing (where applicable), please refer to Our
Privacy Policy and Cookie Policy.
17. Other Important Terms
- We may transfer (assign) Our
obligations and rights under these Terms of Sale (and under the
Contract, as applicable) to a third party (this may happen, for
example, if We sell Our business). If this occurs, you will be
informed by Us in writing. Your rights under these Terms of
Sale will not be affected and Our obligations under these Terms of
Sale will be transferred to the third party who will remain bound by
them.
- You may not transfer (assign) your
obligations and rights under these Terms of Sale (and under the
Contract, as applicable) without Our express written permission.
- The Contract is between you and
Us. It is not intended to benefit any other person or third party in
any way and no such person or party will be entitled to enforce any
provision of these Terms of Sale.
- If any of the provisions of these
Terms of Sale are found to be unlawful, invalid or otherwise
unenforceable by any court or other authority, that / those
provision(s) shall be deemed severed from the remainder of these
Terms of Sale. The remainder of these Terms of Sale shall be valid
and enforceable.
- No failure or delay by Us in
exercising any of Our rights under these Terms of Sale means that We
have waived that right, and no waiver by Us of a breach of any
provision of these Terms of Sale means that We will waive any
subsequent breach of the same or any other provision.
- We may revise these Terms of Sale from time to time in
response to changes in relevant laws and other regulatory
requirements. If We change these Terms of Sale as they relate to
your Order, We will give you reasonable advance notice of the
changes and provide details of how to cancel if you are not happy
with them. If you do opt to cancel, you must return any
affected Goods you have already received and We will arrange for a
full refund (including delivery charges) which will be paid within
28 working days of your cancellation and will be made using the same
payment method that you used when ordering the Goods.
18. Law and Jurisdiction
- These Terms of Sale, and the
relationship between you and Us (whether contractual or otherwise)
shall be governed by, and construed in accordance with, English law.
- Any disputes concerning these Terms of Sale, the relationship
between you and Us, or any matters arising therefrom or associated
therewith (whether contractual or otherwise) shall be subject to the
exclusive jurisdiction of the courts of England and Wales.
Consumer terms of Sale:
BACKGROUND:
These Terms of Sale, together with any and all other documents
referred to herein, set out the terms under which Goods are sold by
Us to consumers through this website, www.supatex.com (“Our
Site”). Please read these Terms of Sale carefully and ensure
that you understand them before ordering any Goods from Our Site.
You will be required to read and accept these Terms of Sale when
ordering Goods. If you do not agree to comply with and be bound
by these Terms of Sale, you will not be able to order Goods through
Our Site. These Terms of Sale, as well as any and all Contracts
are in the English language only.
1. Definitions and Interpretation
- In these Terms of Sale, unless the context otherwise
requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase
and sale of Goods, as explained in Clause 8
“Goods” means the goods sold by Us through
Our Site
“Order” means your order for Goods
“Order Confirmation” means our acceptance and
confirmation of your Order
“Order Number” means the reference number for
your Order
"We/Us/Our” means supatex.co.uk , a
company registered in England under company number 05849626, whose
registered address is Unit 3, Finway Court, Whippendell Road,
Watford, Hertfordshire, WD18 7EN.
2. Information About Us
- Our Site, supatex.co.uk is owned and operated by HNR LTD, a
limited company registered in England under company number 05849626
whose registered address is Unit 3, Finway Court, Whippendell Road,
Watford, Hertfordshire, WD18 7EN. Our VAT number is 782 506 615
3. Access to and Use of Our Site
- Access to Our Site is free of
charge.
- It is your responsibility to make
any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as
available” basis. We may alter, suspend or discontinue Our Site
(or any part of it) at any time and without notice. We will
not be liable to you in any way if Our Site (or any part of it) is
unavailable at any time and for any period.
4. Age Restrictions
- Consumers may only purchase Goods
through Our Site if they are at least 18 years of age.
- None of the Goods on Our Site may be purchased by anyone
under 18 years of age
5. Business Customers
5.1 These Terms of Sale do not
apply to customers purchasing Goods in the course of business.
If you are a business customer, please consult our Business Terms of
Sale.
6. International Customers
6.1 If you are ordering goods
for delivery outside of the EU, please note that your consignment may
be subject to import duties and taxes, which are levied once goods
reach the country of destination. Any such charges levied in relation
to customs clearance must be borne by you.
6.2 If you are ordering goods
for delivery into a country or territory which is subject to
international sanctions and / or restrictions then we reserve the
right to hold, refuse or cancel the order subject to compliance with
sanctions and / or restrictions in place.
7. Goods, Pricing and Availability
- We make all reasonable efforts to
ensure that all descriptions and graphical representations of Goods
available from Us correspond to the actual Goods. Please note,
however, the following; Images of Goods are for illustrative
purposes only. There may be slight variations in colour between the
image of a product and the actual product sold due to differences in
computer displays and lighting conditions; Images and/or
descriptions of packaging are for illustrative purposes only, the
actual packaging of Goods may vary. Due to the nature of the Goods
sold through Our Site, there may be up to a 10% variance in the
size, dimensions and measurements of those Goods between the actual
Goods and the description.
- Please note that sub-Clause 7.1
does not exclude Our responsibility for mistakes due to negligence
on Our part and refers only to minor variations of the correct
Goods, not to different Goods altogether. Please refer to Clause 12
if you receive incorrect Goods (i.e. Goods that are not as
described).
- Where appropriate, you may be
required to select the required length, thickness, type and colour
of the Goods that you are purchasing.
- We cannot guarantee that Goods
will always be available. Stock indications are provided on Our
Site, but are subject to change due to order demands yet to be
reflected.
- Minor changes may, from time to
time, be made to certain Goods between your Order being placed and
Us processing that Order and dispatching the Goods, for example, to
reflect changes in relevant laws and regulatory requirements, or to
address particular technical or security issues. Any such changes
will not change any main characteristics of the Goods and will not
normally affect your use of those Goods. However, if any
change is made that would affect your use of the Goods, suitable
information will be provided to you.
- We make all reasonable efforts to
ensure that all prices shown on Our Site are correct at the time of
going online. We reserve the right to change prices and to add,
alter, or remove special offers from time to time and as necessary.
Changes in price will not affect any order that you have already
placed (please note sub-Clause 7.9 regarding VAT, however).
- All prices are checked by Us
before We accept your Order. In the unlikely event that We have
shown incorrect pricing information, We will contact you in writing
to inform you of the mistake. If the correct price is lower
than that shown when you made your Order, we will simply charge you
the lower amount and continue processing your Order. If the
correct price is higher, We will give you the option to purchase the
Goods at the correct price or to cancel your Order (or the affected
part of it). We will not proceed with processing your Order in
this case until you respond. If We do not receive a response
from you within 10 working days, We will treat your Order as
cancelled and notify you of this in writing.
- In the event that the price of
Goods you have ordered changes between your Order being placed and
Us processing that Order and taking payment, you will be charged the
price shown on Our Site at the time of placing your Order.
- Prices on Our Site are shown both
exclusive of and inclusive of VAT. If the VAT rate changes between
your Order being placed and Us taking payment, the amount of VAT
payable will be automatically adjusted when taking payment.
- Delivery charges are not included in the price of Goods
displayed on Our Site. However delivery options and related charges
will be presented to you as part of the order process at the
checkout stage.
8. Orders – How Contracts Are Formed
- Our Site will guide you through
the ordering process. Before submitting your Order you will be given
the opportunity to review your Order and amend it. Please
ensure that you have checked your Order carefully before submitting
it.
- If, during the order process, you
provide Us with incorrect or incomplete information, please contact
Us as soon as possible. If We are unable to process your Order due
to incorrect or incomplete information, We will contact you to ask
to correct it. If you do not give us the accurate or complete
information within a reasonable time of Our request, We will cancel
your Order and treat the Contract as being at an end. If We
incur any costs as a result of your incorrect or incomplete
information, We may pass those costs on to you.
- No part of Our Site constitutes a
contractual offer capable of acceptance. Your Order constitutes a
contractual offer that We may, at Our sole discretion, accept. Our
acknowledgement of receipt of your Order does not mean that we have
accepted it. A contract is formed between Us and you when we
despatch the goods that you have ordered and not before.
- Order Confirmations shall contain
the following information; Your Order Number; Confirmation of the
Goods ordered including full details of the main characteristics of
those Goods; Fully itemised pricing for the Goods ordered including,
where appropriate, taxes, delivery and other additional charges;
Estimated delivery date(s);
- We will also include a paper copy
of the Order Confirmation with your Goods.
- In the unlikely event that We do
not accept or cannot fulfil your Order for any reason, We will
explain why in writing. No payment will be taken under normal
circumstances. If We have taken payment any such sums will be
refunded to you as soon as possible and in any event within 28
working days.
- Any refunds due under this Clause 8 will be made using the
same payment method that you used when ordering the Goods.
9. Payment
- All prices quoted are in GB
Pounds, with an option to view and transact in US Dollars and Euro
currency.
- Payment for Goods and related
delivery charges must always be made in full and in advance and you
will be prompted to pay during the order process. Your chosen
payment method will not be charged until We dispatch your Goods.
- We accept Visa, Delta, Electron,
Mastercard, Solo, Maestro, American Express, Diners Club, JCB and
Union Pay cards.
- All card sales are subject to
checking and are processed using Elavon Payment Gateway and/or
PayPal (depending on your selection at the checkout).
- We do not store payment card details.
10. Delivery, Risk and Ownership
- All Goods purchased through Our
Site will normally be despatched within 30 calendar days after the
date of Our Order Confirmation via a courier unless otherwise agreed
or specified during the Order process (subject to delays caused by
events outside of Our control, for which see Clause 15).
- If We are unable to deliver the
Goods on the delivery date, the following will apply; If no one is
available at your delivery address to receive the Goods and the
Goods cannot be posted through your letterbox, the courier will
leave a delivery note explaining how to rearrange delivery or where
to collect the Goods; If you do not collect the Goods or rearrange
delivery within 5 working days, We will contact you to ask you how
you wish to proceed. If we cannot contact you or arrange redelivery
or collection, We will treat the Contract as cancelled and recover
the Goods. If this happens, you will be refunded the purchase
price of the Goods themselves, but not the cost of delivery.
We may also bill you for any reasonable additional cost that we
incur in recovering the Goods.
- In the unlikely event that We fail
to despatch the Goods within 30 calendar days of Our Order
Confirmation (or as otherwise agreed or specified as under
sub-Clause 10.1), if any of the following apply you may treat the
Contract as being at an end immediately; We have refused to despatch
your Goods, or; In light of all relevant circumstances, delivery
within that time period was essential, or; You told Us when ordering
the Goods that despatch within that time period was essential.
- If you do not wish to cancel under
sub-Clause 10.3 or if none of the specified circumstances apply, you
may specify a new (reasonable) delivery date. If We fail to meet the
new deadline, you may then treat the Contract as being at an end.
- You may cancel all or part of your
Order under sub-Clauses 10.3 or 10.4 provided that separating the
Goods in your Order would not significantly reduce their value. Any
sums that you have already paid for cancelled Goods and their
delivery will be refunded to you within 28 working days.
Please note that if any cancelled Goods are delivered to you, you
must return them to Us or arrange with Us for their collection.
In either case, We will bear the cost of returning the cancelled
Goods.
- Delivery shall be deemed complete
and the responsibility for the Goods will pass to you once We have
delivered the Goods to the address including, where relevant, any
alternative address you have provided.
- Ownership of the Goods passes to
you once We have received payment in full of all sums due (including
any applicable delivery charges) and the goods have been despatched
to You.
- Any refunds due under this Clause 10 will be made using the
same payment method that you used when ordering the Goods.
11. Storage
- We recommend that you handle and store goods in accordance
with British Standards 3574 which, amongst other things, provides
that: Goods should be kept well wrapped whilst in storage; Damp and
moist storage conditions should be avoided; Goods should be kept
away from heat and free from frost and stored between 15-25 degrees
Celsius; Goods should avoid prolonged exposure to light,
particularly light with a high UV content; Goods should avoid
contact with copper and copper containing alloys
11.2 We cannot be held liable for any
defects arising through the failure of You to store and handle in
accordance with the British Standard.
12. Faulty, Damaged or Incorrect Goods
- By law, We must provide goods that
are of satisfactory quality, fit for purpose, as described at the
time of purchase, in accordance with any pre-contract information We
have provided, and that match any samples or models that you have
seen or examined (unless We have made you aware of any differences).
If any digital content is included in the Goods, that digital
content must also conform. If any Goods you have purchased do
not comply and, for example, have faults or are damaged when you
receive them, or if you receive incorrect (or incorrectly priced)
Goods, please contact Us at info@supatex.co.uk or through
the Contact Us page on the Supatex website as soon as reasonably
possible to inform Us of the fault, damage or error, and to arrange
for a refund, repair or replacement. Your available remedies
will be as follows; Beginning on the day that you receive the Goods
(and ownership of them) you have a 30 calendar day right to reject
the Goods and to receive a full refund if they do not conform as
stated above; If you do not wish to reject the Goods, or if the 30
calendar day rejection period has expired, you may request a repair
of the Goods or a replacement. We will bear any associated costs and
will carry out the repair or replacement within a reasonable time
and without significant inconvenience to you. In certain
circumstances, where a repair or replacement is impossible or
otherwise disproportionate, We may instead offer you the alternative
(i.e. a replacement instead of a repair or vice versa) or a full
refund. If you request a repair or replacement during the 30
calendar day rejection period, that period will be suspended while
We carry out the repair or replacement and will resume on the day
that you receive the replacement or repaired Goods. If less
than 7 calendar days remain out of the original period, it will be
extended to 7 calendar days; If, after a repair or replacement, the
Goods still do not conform (or if We cannot do so as previously
described, or have failed to act within a reasonable time or without
significant inconvenience to you), you may have the right either to
keep the Goods at a reduced price, or to reject them in exchange for
a refund; If you exercise the final right to reject the goods more
than six months after you have received the Goods (and ownership of
them), We may reduce any refund to reflect the use that you have had
out of the Goods; Within a period of six years after you have
received the Goods (and ownership of them), if the Goods do not last
a reasonable length of time, you may be entitled to a partial
refund. Please be aware that after six months have passed since you
received the Goods, the burden of proof will be on you to prove that
the defect or non-conformity existed at the time of delivery.
- Please note that you will not be
eligible to claim under this Clause 12 if We informed you of the
fault(s), damage or other problems with the Goods before you
purchased them (and it is because of the same issue that you now
wish to return them); if goods supplied have a variance in size of
upto 10% as stated in clause 7.1.3, if you have made further use of
the effected goods, if you have purchased the Goods for an
unsuitable purpose that is neither obvious nor made known to Us and
the problem has resulted from your use of the Goods for that
purpose; or if the problem is the result of normal wear and tear,
misuse or intentional or careless damage. Please also note that you
may not return Goods to Us under this Clause 12 merely because you
have changed your mind.
- To return Goods to Us for any
reason under this Clause 12, please contact Us
at info@supatex.co.uk or through the Contact Us page on
the Supatex website to arrange for a collection and return. We
will be fully responsible for the costs of returning Goods under
this Clause 12 and will reimburse you where appropriate.
- Refunds (whether full or partial,
including reductions in price) under this Clause 12 will be issued
within 28 working days of the day on which We agree that you are
entitled to the refund.
- Any and all refunds issued under
this Clause 12 will include all delivery costs paid by you when the
Goods were originally purchased.
- Refunds under this Clause 12 will
be made using the same payment method that you used when ordering
the Goods.
- For further information on your rights as a consumer, please
contact your local Citizens’ Advice Bureau, Trading Standards
Office or relevant Local Authority
13. Cancelling and Returning Goods if You Change Your Mind
- If the Goods are being delivered
to you in a single instalment (whether single or multiple items),
the legal cooling-off period ends 14 calendar days after the day on
which you (or someone you nominate) receive(s) the Goods
- If the Goods are being delivered
in separate instalments on separate days, the legal cooling-off
period ends 14 calendar days after the day on which you (or someone
you nominate) receive(s) the final instalment of Goods.
- If you wish to exercise your right to cancel under this
Clause 13, you must inform Us of your decision within the
cooling-off. You may do so in any way you wish. Cancellation
by email or by post is effective from the date on which you send Us
your message. Please note that the cooling-off period lasts
for whole calendar days. If, for example, you send Us an email
or letter by 23:59:59 on the final day of the cooling-off period,
your cancellation will be valid and accepted. If you would
prefer to contact Us directly to cancel, please use the following
details; Telephone: +44 (0) 1923 813 461; Email: info@supatex.co.uk;
Post: HNR LTD, Unit 3, Finway Court, Whippendell Road, Watford,
Hertfordshire, WD18 7EN, UK;
In each case, providing Us with your name, address, email address,
telephone number, and Order Number.
- We may ask you why you have chosen
to cancel and may use any answers you provide to improve Our Goods
and services, however please note that you are under no obligation
to provide any details if you do not wish to.
- Please note that you may lose your
legal right to cancel under this Clause 13 in the following
circumstances: If the Goods are sealed for health or hygiene reasons
and you have unsealed those Goods after receiving them; If the Goods
have been personalised or custom-made for you; If the Goods have
been inseparably mixed with other items (according to their nature)
after you have received them.
- Please ensure that you return
Goods to Us no more than 14 calendar days after the day on which you
have informed Us that you wish to cancel under this Clause 13.
- You may return Goods to Us by post
or another suitable delivery service of your choice to Our returns
address at HNR LTD, Unit 3, Finway Court, Whippendell Road, Watford,
Hertfordshire, WD18 7EN, UK. Please contact Us
at info@supatex.co.uk to arrange for a collection and
return. Please note that you must bear the costs of returning Goods
to Us if cancelling under this Clause 13. The cost of returning
Goods to Us should not normally exceed the cost of having them
originally delivered to you if you use the same carrier.
- Refunds under this Clause 13 will
be issued to you within 28 calendar days of the following; The day
on which We receive the Goods back; or The day on which you inform
Us (supplying evidence) that you have sent the Goods back (if this
is earlier than the day under sub-Clause 13.7.1); or If We have not
yet provided an Order Confirmation or have not yet dispatched the
Goods, the day on which you inform Us that you wish to cancel the
Contract.
- Refunds under this Clause 13 may
be subject to deductions in the following circumstances: Refunds may
be reduced for any diminished value in the Goods resulting from your
excessive handling of them (e.g. no more than would be permitted in
a shop). Please note that if We issue a refund before We have
received the Goods and have had a chance to inspect them, We may
subsequently charge you an appropriate sum if We find that the Goods
have been handled excessively. Standard delivery charges will be
reimbursed in full as part of your refund. Please note, however,
that We cannot reimburse for premium delivery. We will only
reimburse the equivalent standard delivery costs when issuing
refunds under this Clause 13
- Refunds under this Clause 13 will be made using the same
payment method that you used when ordering the Goods.
14. Our Liability to Consumers
- We will be responsible for any
foreseeable loss or damage that you may suffer as a result of Our
breach of these Terms of Sale (or the Contract) or as a result of
Our negligence. Loss or damage is foreseeable if it is an obvious
consequence of Our breach or negligence or if it is contemplated by
you and Us when the Contract is created. We will not be
responsible for any loss or damage that is not foreseeable.
- We will not be liable to you for
any loss of profit, loss of business, interruption to business, or
for any loss of business opportunity.
- Nothing in these Terms of Sale
seeks to limit or exclude Our liability for death or personal injury
caused by Our negligence (including that of Our employees, agents or
sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms of Sale seeks to exclude or limit your
legal rights as a consumer. For more details of your legal rights,
please refer to your local Citizens Advice Bureau or Trading
Standards Office.
15. Events Outside of Our Control (Force Majeure)
- We will not be liable for any
failure or delay in performing Our obligations where that failure or
delay results from any cause that is beyond Our reasonable control.
Such causes include, but are not limited to: power failure, internet
service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire,
explosion, flood, storms, earthquakes, subsidence, acts of terrorism
(threatened or actual), acts of war (declared, undeclared,
threatened, actual or preparations for war), epidemic or other
natural disaster, or any other event that is beyond Our reasonable
control.
- If any event described under this Clause 15 occurs that is
likely to adversely affect Our performance of any of Our obligations
under these Terms of Sale:We will inform you as soon as is
reasonably possible;We will take all reasonable steps to minimise
the delay; To the extent that we cannot minimise the delay, Our
affected obligations under these Terms of Sale (and therefore the
Contract) will be suspended and any time limits that We are bound by
will be extended accordingly; We will inform you when the event
outside of Our control is over and provide details of any new dates,
times or availability of Goods as necessary; If the event outside of
Our control continues for more than 28 working days We will cancel
the Contract and inform you of the cancellation. Any refunds due to
you as a result of that cancellation will be paid to you as soon as
is reasonably possible and in any event within 28 working days of
the date on which the Contract is cancelled; If an event outside of
Our control occurs and you wish to cancel the Contract as a result,
you may do so in any way you wish. To contact Us directly to cancel,
please use the following details:
Telephone: +44 (0) 1923 813 461;
Email: info@supatex.co.uk;
Post: HNR LTD, Unit 3, Finway Court, Whippendell Road, Watford,
Hertfordshire, WD18 7EN, UK;
In each case, providing Us with your name, address, email address,
telephone number, and Order Number. Any refunds due to you as a
result of such cancellation will be paid to you as soon as is
reasonably possible and in any event within 28 working days of the
date on which the Contract is cancelled.
16. Communication and Contact Details
- If you wish to contact Us with matters relating to Goods or
your order, cancellations, general questions or complaints, you may
contact Us by telephone at +44 (0) 1923 813 460, by email
at info@supatex.co.uk, or by post at HNR LTD, Unit 3, Finway
Court, Whippendell Road, Watford, Hertfordshire, WD18 7EN, UK.
17. Complaints and Feedback
- We always welcome feedback from
Our customers and, whilst We always use all reasonable endeavours to
ensure that your experience as a customer of Ours is a positive one,
We nevertheless want to hear from you if you have any cause for
complaint.
- All complaints are handled in
accordance with Our complaints handling policy and procedure,
available from our registered office.
- If you wish to complain about any aspect of your dealings
with Us, please contact Us in one of the following ways: In writing,
addressed to Sales Department,HNR LTD, Unit 3, Finway Court,
Whippendell Road, Watford, Hertfordshire, WD18 7EN, UK; By email,
addressed to info@supatex.co.uk By contacting Us by telephone
on +44 (0) 1923 813 461
18. How We Use Your Personal Information (Data Protection)
- All personal information that We
may use will be collected, processed, and held in accordance with
the provisions of EU Regulation 2016/679 General Data Protection
Regulation (“GDPR”) and your rights under the GDPR.
- For complete details of Our collection, processing, storage,
and retention of personal data including, but not limited to, the
purpose(s) for which personal data is used, the legal basis or bases
for using it, details of your rights and how to exercise them, and
personal data sharing (where applicable), please refer to Our
Privacy Policy and Cookie Policy.
19. Other Important Terms
- We may transfer (assign) Our
obligations and rights under these Terms of Sale (and under the
Contract, as applicable) to a third party (this may happen, for
example, if We sell Our business). If this occurs, you will be
informed by Us in writing. Your rights under these Terms of
Sale will not be affected and Our obligations under these Terms of
Sale will be transferred to the third party who will remain bound by
them.
- You may not transfer (assign) your
obligations and rights under these Terms of Sale (and under the
Contract, as applicable) without Our express written permission.
- The Contract is between you and
Us. It is not intended to benefit any other person or third party in
any way and no such person or party will be entitled to enforce any
provision of these Terms of Sale.
- If any of the provisions of these
Terms of Sale are found to be unlawful, invalid or otherwise
unenforceable by any court or other authority, that / those
provision(s) shall be deemed severed from the remainder of these
Terms of Sale. The remainder of these Terms of Sale shall be valid
and enforceable.
- No failure or delay by Us in
exercising any of Our rights under these Terms of Sale means that We
have waived that right, and no waiver by Us of a breach of any
provision of these Terms of Sale means that We will waive any
subsequent breach of the same or any other provision.
- We may revise these Terms of Sale from time to time in
response to changes in relevant laws and other regulatory
requirements. If We change these Terms of Sale as they relate to
your Order, We will give you reasonable advance notice of the
changes and provide details of how to cancel if you are not happy
with them. If you do opt to cancel, you must return any
affected Goods you have already received and we will arrange for a
full refund (including delivery charges) which will be paid within
28 working days of your cancellation.
20. Law and Jurisdiction
- These Terms and Conditions, and
the relationship between you and Us (whether contractual or
otherwise) shall be governed by, and construed in accordance with
the law of England & Wales.
- If you are a consumer, you will
benefit from any mandatory provisions of the law in your country of
residence. Nothing in Sub-Clause 20.1 above takes away or reduces
your rights as a consumer to rely on those provisions.
- If you are a consumer, any
dispute, controversy, proceedings or claim between you and Us
relating to these Terms and Conditions, or the relationship between
you and Us (whether contractual or otherwise) shall be subject to
the jurisdiction of the courts of England, Wales, Scotland, or
Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning these Terms
and Conditions, the relationship between you and Us, or any matters
arising therefrom or associated therewith (whether contractual or
otherwise) shall be subject to the exclusive jurisdiction of the
courts of England & Wales.