| Terms and Conditions |
COPYRIGHT
This site is owned and operated by i-nique ("inique", "we" , "us" or “Supplier”) a registered company in UK Ashtead Retail & Wholesale limited . Registered number 5369449 ( United Kingdom).
Ashtead Retail & Wholesale LTD
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Ashtead Retail &
Wholesale LTD, whose registered office is at Glebe House, Glebe road, Ashtead
Surrey, KT21 2NU, registered in England and Wales No. 5369449
1.2 No contract exists between you and the Supplier for the sale of any goods
until the Supplier has received and accepted your order and the Supplier has
received payment in full (in cleared funds). Once the Supplier does so, there is
a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to
you via e-mail when you place your order, but acceptance of your offer to buy
the goods will not take place until after your payment is taken and you receive
your acceptance e-mail. It is at this point that a binding legal contract is
created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in
relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the our
website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods
you have ordered are not available in stock, we will inform you as soon as
possible and refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on our website are accurate
at the time you place your order. If an error is found, we will inform you as
soon as possible and offer you the option of reconfirming your order at the
correct price, or cancelling your order. If the Supplier does not receive an
order confirmation within 14 days of informing you of the error, the order will
be cancelled automatically. If you cancel the order, or if the order is
cancelled automatically due to the expiry of the 14 day period, the Supplier
will refund or re-credit you for any sum that has been paid by you or debited
from your credit card for the goods.
2.4 In addition to the price, you will be required to pay a charge for delivery
and handling of the goods.
3. Payment
3.1 Payment for the goods and delivery charges must be made by any method shown
on the Supplier's website at the time you place your order. Payment must be
received before the delivery has taken place, this is a fundamental term of this
agreement, breach of which shall entitle the Supplier to terminate the contract
immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you
have a valid court order requiring an amount equal to such deduction to be paid
by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place
your order, except that some deliveries are not made outside the United Kingdom.
We reserve the right to refuse delivery.
4.2 Orders placed before 1.00 pm on a working day will be processed that day and
will be delivered as per the requested delivery option provided that no
additional security checks are required and all stock items are available. (A
working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier's
control the Supplier will inform you as soon as possible and refund or re-credit
you for any sum that has been paid by you or debited from your credit card for
delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by
reason of circumstances under control of the Supplier) then without prejudice to
any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and
charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily
obtainable price and (after deducting all reasonable storage and selling
expenses) account to you for any excess over the price you agreed to pay for the
goods or charge you for any shortfall below the price you agreed to pay for the
goods.
4.5 If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations the Supplier shall refund or re-credit you
within 30 days for any sum that has been paid by you or debited from your credit
card for the goods. On exercising your right to cancel you shall be required to
return the goods to the Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct costs incurred by the Supplier
in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier will not be liable for any
loss or damage suffered by you through reasonable or unavoidable delay in
delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received
in good condition. If the package does not appear to be in good condition then
please refuse the delivery. If you are unable to check the contents of your
delivery at the point of delivery then please sign for the parcel as
.UNCHECKED.. Failure to do so may affect any warranty claims that you make
thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received
in payment of all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due
to the Supplier from you on any account. 5.3 The Supplier shall be entitled to
recover payment for the goods even though ownership of any of the goods has not
passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to
you, you must:
6.1.1 store the goods (at no cost to the Supplier)
separately from all your other goods and goods of any third party in such a way
that they remain readily identifiable as the Supplier's property;
6.1.2 not destroy, deface or obscure any
identifying mark or packaging on or relating to the goods; maintain the goods in
satisfactory condition and keep them insured on the Supplier's behalf for their
full price against all risks to the reasonable satisfaction of the Supplier. On
request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred
to in condition 6.1.2 on trust for the Supplier and not mix them with any other
money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall
terminate immediately if:
6.2.1 you have a bankruptcy order made against you
or make an arrangement or composition with your creditors, or otherwise take the
benefit of any statutory provision for the time being in force for the relief of
insolvent debtors, or (being a body corporate) convene a meeting of creditors
(whether formal or informal), or enter into liquidation (whether voluntary or
compulsory) except a solvent voluntary liquidation for the purpose only of
reconstruction or amalgamation, or have a receiver and/or manager, administrator
or administrative receiver appointed of its undertaking or any part thereof, or
a resolution is passed or a petition presented to any court for your winding up
or for the grant-ing of an administration order in respect of you, or any
proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether
legal or equitable, to be levied on your property or obtained against you or you
are unable to pay your debts within the meaning of section 123 of the Insolvency
Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the
goods.
7. Your right of cancellation and return
7.1 You have the right to cancel the contract at any time up to the end of 7
working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the
Supplier via the Returns on Line section of our website, giving details of the
goods ordered and their delivery. Cancellation is not confirmed until you
receive confirmation of cancellation from our website
7.3 Except in the case of faulty or miss-described goods, if you exercise your
right of cancellation after the goods have been delivered to you, you will be
responsible for returning the goods to the Supplier at your own cost, if you use
our pre-paid return service, we will debit the cost of the postage back to us
from your refund due. The minimum charge for this will be £2.50. The goods must
be returned to the address shown within the Returns on Line section of the
website. You must take reasonable care to ensure the goods are not damaged in
the meantime or in transit.
In the case of faulty or miss-described goods we shall, after receiving
notification in accordance with clause 72, 8.3 or 8.4, you are entitled to use
our free return service at no cost.
7.4 Once you have notified the Supplier that you are cancelling the contract,
the Supplier will refund or re-credit you within 30 days for any sum that has
been paid by you or debited from your credit card for the goods less any
carriage and set 20% re-stocking cost which maybe applicable at our discretion.
7.5 Except in the case of faulty or miss-described goods, if you do not return
the goods as required, the Supplier may charge you a sum not exceeding the
direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for
computer software which has been unsealed by you, or for consumable goods which,
by their nature, cannot be returned, save where a fault is discovered which
could not have been discovered otherwise than by unsealing the goods.
7.7 Once goods reported as faulty have been returned to us, will be tested, if
found to be in full working order, the goods will be returned to you and the
cost of any additional carriage will be charged. This does not affect your
statutory rights
7.8 We are not responsible for any compatibility issues. If goods are returned
on these grounds, we will charge a set 20% re-stocking fee.
7.9 For DOA (Dead on arrival) good, we have to be notified via our on-line
returns system within 3 working days of receipts of goods
7.10 Arrangement for any return is the sole responsibility of the customer.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 12
months from the date of supply (unless otherwise stated). This warranty does not
affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair
wear and tear, wilful damage, accident, negligence by you or any third party,
use otherwise than as recommended by the Supplier, failure to follow the Supplier's
instructions, or any alteration or repair carried out without the Supplier's
approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the
Supplier via the on-line return system within 3 working days
8.4 If the goods supplied to you develop a defect while under warranty or you
have any other complaint about the goods, you should notify the Supplier in
writing via the on-line returns system, but in any event within 3 days of the
date you discovered or ought to have discovered the damage, defect or complaint.
8.5 Outside of the 28 day faulty return period, returned items can not be
accepted, unless covered by manufacturer’s warranty. Items returned to us will
be forwarded to the manufacturer for repair or replacement.
9. Lifetime Warranty
9.2.1
If you are the original purchaser
9.2.2
If your case shows a defect that is related to a production failure.
9.3.3
I-nique will not assume any responsibility for any loss or damage incurred in
shipping.
9.3.4
Any repair work on i-nique products by unauthorized third parties voids any
warranties.
9.3.5
I-nique does not take any responsibility for third party products, i.e., i-nique
will not reimburse any damage to devices used together with i-nique
products.
9.3.6 The
responsibility of i-nique products
shall be limited to the repair or the replacement of the product at its sole
discretion. This warranty excludes claims for incidental or consequential
damages in connection with the warranty problem. Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages so the above
limitation or exclusion may not apply to you.
9.3.7 This
warranty gives you specific legal rights according to UK Law, and you may also
have other rights, which vary from state to state or country to country.
9.3.8 Please
Note: Features and specifications of all i-nique
products are subjected to change without notification.
10. Limitation of Liability
10.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be
liable to you for any loss or damage in circumstances where:
10.1.1 there is no breach of a legal duty owed to you by the
Supplier or by its employees or agents;
10.1.2 such loss or damage is not a reasonably foreseeable
result of any such breach;
10.1.3 any increase in loss or damage resulting
from breach by you of any term of this contract.
10.2 Nothing in these conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplier's
negligence or fraudulent misrepresentation.
10.3 If you are a business customer the Supplier shall not be liable to you for
any indirect or consequential loss or damage (whether for loss of profit, loss
of business, depletion of goodwill or otherwise), costs, expenses or other
claims for consequential compensation whatsoever (howsoever caused) which arise
out of or in connection with this agreement.
11. Data Protection
The Supplier will take all reasonable precautions to keep the details of your
order and secure but unless the Supplier is negligent, the Supplier will not be
liable for unauthorised access to information supplied by you.
12. Images
Product images are for illustrative purposes only and may differ from payment
the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
13. Advice given by us to you
13.1 We are always prepared to offer advice about the goods including advice
about installation, compatibility, configuration, and product upgrades.
13.2 We know the general purpose for which you require our goods and we will
take reasonable care when giving you any advice.
13.3 Without knowing the particular application for which you require our goods
and the exact specification and configuration of any existing system into which
you intend to install our goods we cannot and do not warrant the suitability of
any of our goods for your particular purpose.