TERMS AND CONDITIONS FOR USE OF THE
In these Terms and Conditions we, our, us, www.OwnBrand-Stationery.co.uk The Company refers to www.OwnBrand-Statonery.co.uk. Trading Partner to The Refill Centre Ltd.
ACCEPTANCE OF TERMS
You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any breach of the terms and conditions set out herein.
www.OwnBrand-Stationery.co.uk reserve the right to change any part of this agreement without notice and your subsequent use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions. www.OwnBrand-Stationery.co.uk has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
www.OwnBrand-Stationery.co.uk will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website. Nothing within this agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of www.OwnBrand-Stationery.co.uk, its employees or agents.
All intellectual property rights of www.OwnBrand-Stationery.co.uk such as trademarks, trade names, patents, registered designs and any other intellectual property rights derived from the aesthetics or functionality of the Website remain the property of www.OwnBrand-Stationery.co.uk. www.OwnBrand-Stationery.co.uk.co.uk is the copyright owner in the contents of the Website.
By using the Website you agree to respect the intellectual property rights of www.OwnBrand-Stationery.co.uk and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website, including the contents of the Website.
The information is provided on the understanding that the Website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the Website is provided on an as is basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the www.OwnBrand-Stationery.co.uk Website and cannot provide any representation that using the website will be error free.
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This agreement will be governed by the laws of England and any user of the Website hereby agrees to be bound by the jurisdiction of English courts without reference to rules governing choice of laws.
Terms and Conditions of Purchase
1. General Terms & Conditions
1.1 Unless agreed otherwise, these conditions which supersede all earlier sets of conditions appearing in our brochures, catalogues, price lists or elsewhere, shall override any conditions or terms stipulated, referred to or incorporated by the Customer in his order or negotiations, and shall apply to all estimates, quotations or orders.
1.2 All changes, alterations or amendments to the Contract to be binding must be in writing and signed by a duly authorised representative of the Company (a director) and the Customer (a director), in advance of an order being placed.
1.3 The Company may at its absolute discretion decline to accept orders or to offer credit terms.
1.4 The Company will take all reasonable steps, in so far as it is able, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website. When ordering from our website the customers' order will constitute an offer capable of acceptance by www.OwnBrand-Statonery.co.uk This provision does not effect the method of accepting customers' offers where those offers are made in any other way.
1.5 Headings in these terms and conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 The Company's employee's or agents are not authorised to make any representations concerning the Goods and/or the Services unless confirmed by the Company in writing.
2.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the company.
2.3 No equipment is supplied free of charge unless specifically agreed otherwise in writing.
2.4 No order which has been accepted by the Company may be cancelled by the Customer except by agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all costs (including the cost of labour and materials used), damages, charges and expenses incurred by the Company as a result of such cancellation.
2.5 Value Added Tax will be charged where appropriate at the prevailing rate.
3. Conditions of Sale
3.1 All sales made by the Company are made on these conditions of sale. No variation of these conditions of sale or any terms supplied with any order form or other document provided by the customer will be binding on the Company unless confirmed in writing by a Director of www.OwnBrand-Stationery.co.uk.
3.2 The Company advise that a qualified professional installer should install all goods purchased from www.OwnBrand-Stationery.co.uk
3.3 The Company holds no responsibility for incorrectly installed goods or any other problems that occur from the incorrect installation.
3.4 Any modifications made to products purchased from the Company will void any warranties with www.OwnBrand-Stationery.co.uk and any of its suppliers.
3.5 Goods are not sold on a trial basis. Please check with your manufacturer for compatibility prior to ordering. In circumstances where the Company will not have advised as to compatibility, www.OwnBrand-Stationery.co.uk is not responsible for any incompatibility problems.
3.6 Where you have been issued with a quotation from the company prices and specifications are subject to change at any time. Variations to design/colour may occur. All Errors and Omissions excepted.
4. Prices and Payment
4.1 All prices are subject to VAT and delivery charges unless agreed otherwise in writing prior to the contract. All goods are subject to availability.
4.2 All goods must be paid for in full before the goods leave the company's premises.
4.3 Unless otherwise agreed payment is required prior to delivery of the goods. The Company accepts payment by cheque, credit card (which will be debited at the time of your order), or cash where goods are collected from our office. Where the Company agrees to issue an invoice on credit terms, payment is due within 7 days of the invoice date. Daily interest shall be charged upon all sums outstanding to the company at the rate of 3% above the base rate of the Co-operative Bank from time to time, or the maximum amount permitted by law.
4.4 For so long as any amount to be paid for the goods remains owing to the www.OwnBrand-Stationery.co.uk title to the goods will remain with the www.OwnBrand-Stationery.co.uk and will not pass to you the customer until the www.OwnBrand-Stationery.co.uk has received payment in full including any interest due in accordance with paragraph 4.3 of these terms and conditions. The customer shall ensure that the goods are fully insured during this time.
5.1 Goods held in our premises are usually delivered within two working days. Whilst every reasonable effort shall be made to keep to any delivery date time of delivery shall not be of the essence and the Company shall not be liable for any losses costs damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
5.2 Any goods damaged at the time of arrival must be noted at the time of delivery and notified to www.OwnBrand-Stationery.co.uk within 24 hours of receipt of the goods.
5.3 Risk shall pass to the Customer on delivery and the Goods should be insured accordingly.
5.4 If a customer has to return goods to www.OwnBrand-Stationery.co.uk the customer is asked to obtain a Returns Merchandise Authorisation number (RMA).
5.5 Goods that are not faulty may be returned for a refund within 7 days of delivery to you provided that they are returned in perfect condition. No carriage charges will be refunded on any goods that are returned for refund that are not faulty. Any non-faulty goods returned to the Company without a RMA number or which are not in perfect condition will be rejected and returned to you at your cost. Non faulty goods returned to the Company by the customer are entirely at the risk of the customer until they are delivered to www.OwnBrand-Stationery.co.uk
5.6 Once an RMA number is raised, it is the customer's responsibility to make sure that the goods are adequately packaged. If there is any doubt as to what constitutes adequate packaging, then the minimum requirement is nothing less than how it was delivered to you. All goods purchased from the Company are very delicate and customers must take the utmost care when handling these goods.
6. Warranty and Liability
6.1 Before returning Goods the Customer must first contact the Company's Technical Support Department via your Account who will issue an RMA Number which will be valid for a period of 14 days from the date of issue by the Company and the Company reserves the right to refuse delivery of Goods after this period.
6.2 Any Goods returned under warranty must have the RMA Number marked clearly on the package and the Company reserves the right to refuse delivery of any Goods returned without a RMA Number or arriving at the Company's premises after the expiry of the RMA Number's validity.
6.3 The Company shall not be liable to the customer for loss of profits, goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the customer as a result of a an action brought by a third party) even if such loss was reasonably foreseeable or the company had been advised of the possibility of the purchaser incurring the same, including but not limited to liability for loss or corruption of data.
6.4 Subject to the provisions of clause 6 the Company's entire liability shall be limited to the purchase price in the case of any claim permissible under these terms and conditions.
6.5 Nothing in this clause 6 shall confer any right or remedy upon the customer to which the customer would not otherwise be legally entitled.
7. Force Majeure
7.1 In so far as the performance of the Contract by the Company may be affected by any act of God, war, strike, any lack of available transport or materials, any restrictions, regulation or decree by any local or municipal authority or government department or by any cause beyond the Company's reasonable control (which shall be construed without reference to the preceding causes) the company may elect at its absolute discretion either: 1. to terminate the Contract; or 2. to proceed to perform or continue performance under the Contract within a reasonable time after the termination of such events or circumstances.
8. Proper Law
8.1 The Contract is and shall be deemed to have made in England and shall in all respects be governed by English Law and shall be subject to the jurisdiction of the English Courts.
8.2 The principles of severance shall apply to any void/invalid clauses of these terms and conditions.
9. Statutory Rights
9.1 Nothing in these terms and conditions shall affect your statutory rights.
10. Trademarks and Brand Names
10.1 www.OwnBrand-Stationery.co.uk makes no claim of ownership to the trademarks of any manufacturer or merchant (collectively, the "Vendor") whose products are listed on this Web Site, or for any publisher or publication mentioned on this Web Site, including any goodwill that arises from the use of those trademarks.
11. Accuracy of Information
11.1 Product specifications and other information have either been provided by the vendor or collected from publicly available sources. While www.OwnBrand-Stationery.co.uk makes every effort to ensure that all information is accurate and up to date, www.OwnBrand-Stationery.co.uk cannot be held responsible for any inaccurate or out of date information.
IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS OF THIS AGREEMENT, IMMEDIATELY CEASE ALL USAGE OF THIS WEB SITE.