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Website Terms and Conditions of Use
TERMS AND CONDITIONS OF USE OF Aton Industries (GB) Ltd trading online as altonladders.co.uk
1 ACCEPTANCE OF TERMS
Your access to and use of altonladders.co.uk ("the Website")
is subject exclusively to these Terms and Conditions. You will
not use the Website for any purpose that is unlawful or
prohibited by these Terms and Conditions. By using the Website
you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these Terms and
Conditions you must immediately stop using the Website.
2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
altonladders.co.uk reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that
altonladders.co.uk shall not be liable to you for any such
change or removal; and
3.2 change these Terms and Conditions at any time, and your
continued use of the Website following any changes shall be
deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are
controlled and maintained by others. Any link to other
websites is not an endorsement of such websites and you
acknowledge and agree that we are not responsible for the
content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual
property rights in the Website and its content (including
without limitation the Website design, text, graphics and all
software and source codes connected with the Website) are
owned by or licensed to altonladders.co.uk or otherwise used
by altonladders.co.uk as permitted by law.
5.2 In accessing the Website you agree that you will access
the content solely for your personal, non-commercial use. None
of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website
for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE"
basis without any representation or endorsement made and
without warranty of any kind whether express or implied,
including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, altonladders.co.uk will
not be liable for any indirect or consequential loss or damage
whatever (including without limitation loss of business,
opportunity, data, profits) arising out of or in connection
with the use of the Website.
6.3 altonladders.co.uk makes no warranty that the
functionality of the Website will be uninterrupted or error
free, that defects will be corrected or that the Website or
the server that makes it available are free of viruses or
anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of altonladders.co.uk
for death or personal injury as a result of the negligence of
altonladders.co.uk or that of its employees or agents.
7 INDEMNITY
You agree to indemnify and hold altonladders.co.uk and its
employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other
expenses in relation to any claims or actions brought against
altonladders.co.uk arising out of any breach by you of these
Terms and Conditions or other liabilities arising out of your
use of this Website.
8 SEVERANCE
If any of these Terms and Conditions should be determined to
be invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction then such Term or Condition
shall be severed and the remaining Terms and Conditions shall
survive and remain in full force and effect and continue to be
binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and you hereby submit to
the exclusive jurisdiction of the English courts.
Terms and Conditions of Sale
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12
of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the
Buyer for the sale and purchase of Goods incorporating these
Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.5 "Seller" means altonladders.co.uk of Alton Industries (GB) Ltd,
Unit 6b, International House, Battle Road, Newton Abbot, Devon
1.6 "Terms and Conditions" means the terms and conditions of
sale set out in this document and any special terms and
conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the
Buyer's statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts
for the sale of Goods by the Seller to the Buyer and shall
prevail over any other documentation or communication from the
Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed
conclusive evidence of the Buyer's acceptance of these Terms
and Conditions.
2.4 Any variation to these Terms and Conditions (including any
special terms and conditions agreed between the parties) shall
be inapplicable unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant to these Terms and Conditions
and are subject to acceptance by the Seller. The Seller may
choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available
from stock the Buyer shall be notified and given the option to
either wait until the Goods are available from stock or cancel
the order and receive a full refund.
3.3 When making an order through the Website, the technical
steps the Buyer needs to take to complete the order process
are described in the ordering process within the website.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be the price inclusive of VAT stipulated on the
Seller's Website. . The Price includes non premium delivery charges.
4.2 The total purchase price, including VAT and delivery
charges will be displayed in the Buyer?s shopping cart prior
to confirming the order.
4.3 After the order is received the Seller shall confirm by
email the details, description and price for the Goods. If
these differ from the details, description and/or price shown
on the Website the Buyer shall be entitled to cancel the order.
4.4 In the case of consumer sales, payment of the Price plus
VAT and delivery charges must be made in full before dispatch
of the Goods.
4.5 In the case of other sales, payment of the Price plus VAT
and delivery charges shall be due within 30 days of the date
of receipt of the invoice supplied by the Seller.
4.6 Interest on overdue invoices shall accrue from the date
when payment becomes due from day to day until the date of
payment at a rate of 5.00% above the base rate of National
Westminster Bank from time to time in force.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and
specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from
the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing
any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare
that they are of the appropriate legal age to purchase the
Goods.
6.2 If the Seller discovers that the Buyer is not legally
entitled to order certain Goods, the Seller shall be entitled
to cancel the order immediately, without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of
dispatch correspond to the description given by the Seller.
Except where the Buyer is dealing as a Consumer, all other
warranties, conditions, or terms relating to fitness for
purpose, merchantability or condition of the Goods, whether
implied by Statute, common law or otherwise are excluded, and
the Buyer is satisfied as to the suitability of the Goods for
the Buyer's purpose.
8 DELIVERY
8.1 Orders for ex-stock items received by 12.00 noon (Mon - Fri) will
be despatched the same day, and are delivered according to the
level of service you require. Certain items are made to order,
for estimated delivery times on these products please refer to
the product information sub sections. Express delivery
services are not available for items that are made to order.
8.2 For shipping information outside the UK, please call us on
01626 835987 .
8.3 Please note that every effort is made by us and our
carrier to deliver your order within the specified time,
however the very nature of the product dictates that we cannot
always guarantee the delivery date. In the unlikely event we
cannot deliver your order within the specified time, we will
endeavour to contact you in order to advise you of the
situation and take instructions as to how you would prefer us
to proceed.
8.4 The Seller shall use its reasonable endeavours to meet any
date agreed for delivery. In any event time of delivery shall
not be of the essence and the Seller shall not be liable for
any losses, costs, damages or expenses incurred by the Buyer
or any third party arising directly or indirectly out of any
failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer's address
specified in the order and the Buyer shall make all
arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon
delivery of the Goods.
9 CANCELLATION AND RETURNS
9.1 The Buyer shall inspect the Goods immediately upon receipt
and shall notify the Seller within 3 days of delivery if the
Goods are damaged or do not comply with any of the Contract.
If the Buyer fails to do so the Buyer shall be deemed to have
accepted the Goods.If the buyer takes delivery of the goods from
a carrier they will be asked to sign that the goods have been
received in good condition. The buyer must check for any damage
before signing as neither the Seller or the carrier can accept
responsibility for any damage sbequently found. It is not acceptable
for the Buyer to sign for the Goods 'unchecked'as it is the Buyers
responsibility to ensure the Goods are undamaged before signing
for them.
9.2 Where a claim of defect or damage is made the Goods shall
be returned by the Buyer to the Seller. The Buyer shall be
entitled to a full refund (including delivery costs) plus any
return postal charges if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to
your other rights, to cancel the Contract and receive a refund
by informing us in writing or by email within 7 working days
of receipt of the Goods. Goods must be returned at your cost
and should be adequately insured during the return journey.
You will receive a refund of all monies paid for the Goods
(including delivery charges) except for return postal charges
within 30 days of cancellation.
9.4 Goods to be returned must clearly show the order number
obtained from the Seller on the package.
9.5 Where returned Goods are found to be damaged due to the
Buyers fault the Buyer will be liable for the cost of
remedying such damage. If the Goods cannot be repaired the Seller
will no longer be liable for any refund.
9.6 Where we design a product to your own specification the
Right to Cancel will not apply.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is
dealing as a Consumer, in the event of any breach of these
Terms and Conditions by the Seller the remedies of the Buyer
shall be limited to damages which shall in no circumstances
exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or
consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or
limit the liability of the Seller for death or personal injury
resulting from the negligence of the Seller or that of the
Seller?s agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in
enforcing any of its rights under this contract shall
prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to
perform any of its obligations if the delay or failure results
from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs,
accidents, war, fire, breakdown of plant or machinery or
shortage or unavailability of raw materials from a natural
source of supply, and the Seller shall be entitled to a
reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court
of competent jurisdiction such provision shall be severed and
the remainder of the provisions hereof shall continue in full
force and effect as if these Terms and Conditions had been
agreed with the invalid illegal or unenforceable provision
eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and
Conditions at any time.
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and the parties hereby
submit to the exclusive jurisdiction of the English courts.
Privacy Statement
Alton Industries (GB) Ltd is committed to protecting your privacy
and maintaining the security of any personal information
received from you. We strictly adhere to the requirements of
the data protection legislation in the UK.
The purpose of this statement is to explain to you what
personal information we collect and how we may use it.
When you order, we need to know your name, address, email
address and payment card details. This allows us to process
and fulfil your order. You have the option to withhold
personal information that is not required for the order
process.
We use your personal information solely for payment and
billing purposes.
We will only contact you with your consent.
We do not sell, rent or exchange your personal information
with any third party for commercial reasons, beyond the
essential requirement for credit/debit card validation
during purchase.
We follow strict security procedures in the storage and
disclosure of information, which you have given us, to
prevent unauthorised access in accordance with the UK data
protection legislation.
We do not collect sensitive information about you except
when you specifically knowingly provide it. In order to
maintain the accuracy of our database, you can check, update
or remove your personal details by contacting us on
sales@altonladders.co.uk unsubscribing from the mailing list
or calling on 01626 835987.
We use a technology called "cookies" as part of a normal
business procedure to track patterns of behaviour of
visitors to our site. A cookie is an element of data that
our Website sends to your browser, which is then stored on
your system. You can set your browser to prevent this
happening. Any information collected in this way can be used
to identify you unless you change your browser settings.
In order to process credit/debit card transactions, the bank
or card processing agency may require to verify your
personal details for authorisation outside the European
Union (EU). Your information will not be transferred outside
the EU for any other purpose.
If you have any questions about privacy please contact us at
sales@alatonladders.co.uk or call us on 01626 835987.
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