1. INFORMATION ABOUT THESE TERMS AND CONDITIONS
1.3.2 section 10 (Cancelling and returning Goods if you change your mind); and
1.3.3 section 14 (Our responsibility for loss or damage suffered by you) which sets out our responsibility to you.
Are you a business or a consumer?1.5 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.5.2 you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2. WHO WE ARE AND HOW TO CONTACT US
3. DEFINITIONS AND INTERPRETATION
3.1 In these Terms and Conditions, the following words have the following meanings:
3.1.1 “Goods” means the personal protective equipment, workwear, tools, fire equipment, consumables and any other goods which are to be supplied by us to you as specified in your order (and confirmed in our Order Confirmation);
3.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
4. OUR CONTRACT WITH YOU
How to place an order for Goods
4.2 Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms and Conditions carefully before submitting your order. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
How we accept your order
4.3 Our Site does not constitute a contractual offer capable of acceptance. Instead, your order will constitute a contractual offer that we may, at our sole discretion, accept or reject.
4.4 Our acceptance of your order will take place when we email you confirming our acceptance (“Order Confirmation”), at which point a legally binding contract between you and us will come into existence.
4.5 Once we have emailed you the Order Confirmation, we cannot accept any changes to your order unless the circumstances described in section 1 (Consumers only – Cancelling and returning Goods if you change your mind) apply.
4.6 Order Confirmations will be provided in writing and will contain confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery date for the Goods.
What happens if we cannot accept your order
4.7 If, for any reason, we are unable to accept or cannot fulfil your order, we will inform you of this and will not charge you for the Goods. If we have taken payment, we will be refund you as soon as possible (and in any event, within 14 days).
We only sell to the UK
4.8 Our Site is solely for the promotion of our Goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
5. OUR GOODS
Products may vary from their pictures
5.1 We have made every effort to ensure that the Goods conform to the photographs and descriptions provided on our Site. However, please note that certain colours may look different to the actual colour of the Goods, when displayed on an electronic device.
Personalising your Goods
5.2 You may have the option to personalise certain Goods. Please ensure the personalisation information you provide is correct and any images are of a sufficiently high resolution, as the Goods will be manufactured using this information.
5.3 Please note that if you have chosen to personalise the Goods you may lose your right to cancel your order (see section 10 (Cancelling and returning goods if you change your mind) for further details) as may be the case that we are unable to resell the Goods due to the personalisation. Similarly, we cannot accept the return of any personalised Goods if the return is due to incorrect information provided by you.
Availability of Goods
5.4 We do not represent or warrant that particular Goods will be available. If the Goods are not available, the provisions of section 7 (Our contract with you) will apply.
6.0 OUR RIGHT TO MAKE CHANGES
6.1 We have the right to make minor changes to the Goods without notifying you in order to:
6.1.1 conform with any applicable safety or other legal or regulatory requirements; or
7.0 PRICE AND PAYMENT
Prices and other charges
7.1 The price of the Goods will be that shown on our Site or in our quotation at the time of your order. Our prices may change at any time but these changes will not affect any orders that we have already accepted (see section 4 (Our contract with you) for further information about when your order is considered accepted).
7.2 The prices are inclusive of VAT, where applicable. If the rate of VAT changes between the date of your order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
7.3 Delivery charges are not included in the price of the Goods. Delivery options and any related charges will be presented to you as part of the order process.
When and how you pay
7.4 Payment for the Goods and any related delivery charges must be made at the time of order and you will be prompted to pay during the order process, unless you are a business with an approved credit account in which case sections 13 to 7.15 inclusive will apply.
7.5 All payments made via the Site will go through a payment gateway provider, such as Stripe or PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
7.6 We have made every reasonable effort to ensure that the prices we show are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
7.7 Prices will be checked when processing your order however despite our best efforts, products we sell may be incorrectly priced. If there is an obvious pricing error which could have reasonably been recognised by you as mispricing, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation
Business customers only – Credit accounts
7.8 If you are a business, you can register for an account on our Site. As part of the registration process, we may make a credit account application form available to you.
7.9 If, at our sole discretion, we accept your credit application, we will open a credit account for you and will email you your purchase order number. You will need to submit your purchase order when placing orders with us in order to access the agreed discount and/or credit limit, where applicable.
7.10 Any account facilities we offer to you will be subject to section 13. We reserve the right to revoke your account facilities at any time.
7.11 You are required to keep your account details confidential and must not reveal your username or password to anyone.
7.12 Sharing of accounts is not permitted unless expressly authorised by us in writing. If you use a shared computer, we recommend that you do not save your account details in your internet browser. We also recommend that the password you choose is suitably strong and secure and is changed regularly.
7.13 If you are a business with an approved credit account, you will be given the option to pay up front or to add the order to your credit account. Any credit limit or discount we offer may be revoked at any time.
7.14 All invoices are payable within 30 days from the date of invoice, or otherwise in accordance with the agreed credit terms, without set-off, retention or deduction. Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the ownership in the Goods may not have passed to you.
7.15 The time for payment shall be of the essence of the contract and we reserve the right to charge interest on late payments at the rate of 8% per annum above the Bank of England base lending rate from the due date for payment until the actual date of payment, whether before or after judgment.
8.1 All Goods will normally be dispatched within 1-2 weeks of receipt of your order. In any event, Goods will be delivered within 30 days after the date of our Order Confirmation unless you and/or us have agreed otherwise during the order process or an event has occurred which is outside of our control (see section 15 (Events outside of our control) below).
8.2 Orders will be delivered by courier and you may be required to sign for the delivery. If your order has not arrived by the estimated delivery date, please contact us in writing as soon as possible so we can investigate.
What happens if you do not collect the Goods or are not at home when the Goods are delivered
8.3 If no-one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
8.4 If you do not collect the Goods or rearrange delivery within 7 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 charge you for any reasonable additional costs that we incur in recovering the Goods.
What happens if we fail to deliver the Goods in time?
8.5 In the unlikely event that we fail to deliver the Goods within 30 days of our Order Confirmation (or as otherwise agreed under section 1 above), you may end the contract if:
8.5.3 you told us when ordering the Goods that delivery within that time period was essential.
When does delivery takes place?8.8 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your order and you (or someone identified by you) have taken physical possession of the Goods.
Who is responsible for the Goods during delivery?
When do you own the Goods?8.10 You own the Goods only once we have received payment in full of all sums due (including any delivery charges).
9. CONSUMERS ONLY – FAULTY, DAMAGED OR INCORRECT GOODS
Your rights in respect of faulty, damaged or incorrect Goods
9.1 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 that you have seen or examined (unless we have made you aware of any differences). 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 as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:
How to return Goods to us
9.5 To return Goods to us for any reason under this section 9, please contact us to arrange the return at the contact details set out in section 2 (Who we are and how to contact us) or by our online returns form which can be found here [INSERT AS LINK]. We will be fully responsible for the costs of returning Goods under this section 9 and will reimburse you where appropriate.
Refunds9.6 Refunds under this section 9 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
10. CONSUMERS ONLY – CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND
How long you have to change your mind
10.1 You have a legal right to a “cooling-off” period within which you can cancel the contract between you and us for any reason. This period begins once your order is complete and we have sent you your Order Confirmation, i.e. when the contract between you and us is formed. You may also cancel before we send the Order Confirmation.
10.2 If the Goods are being delivered to you in a single instalment, the legal cooling-off period ends 14 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 days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
How to let us know if you have changed your mind
10.3 If you wish to exercise your right to cancel under this section 10, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, but for your convenience, we offer a cancellation form on our Site which can be found here [INSERT LINK].
10.4 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 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.
10.5 Please note that you may lose your legal right to cancel as described in this section 10 if:
How and when to return your Goods when you have changed your mind
10.6 Please ensure that you return Goods to us no more than 14 days after the day on which you informed us of your wish to cancel under this section 10.10.7 You may return Goods to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Goods to us if cancelling under this section 10. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
Your right to a refund when you have changed your mind10.8 Refunds under this section 10 will be issued to you within 14 days from:
11. BUSINESS CUSTOMERS ONLY – CANCELLATION AND RETURNS
11.1 No order which has been accepted by us may be cancelled by you except with our agreement in writing on the terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of such cancellation.
11.2 If, on delivery, you are not satisfied with the Goods and wish to return them, you may do so provided:
CANCELLATIONS BY US
12.1 We may cancel your order at any time before we dispatch the Goods to you, if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued) or if an event outside of our control occurs (please see section 15 (Events outside of our control)).
12.2 If we cancel your order and you have already paid for the Goods under section 7 (Prices and Payment), the payment will be refunded to you within 14 days. If we cancel your order, the cancellation will be confirmed by us in writing.
13. CONSUMER ONLY - GUARANTEES
We will pass on the benefit of any manufacturer’s warranty or guarantee, where applicable. This exists in addition to your legal rights as a consumer, where applicable.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
Consumers only – What we are responsible to you for
14.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions 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.
14.3 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
14.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
Business customers only - What we are responsible to you for
14.5 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the these Terms and Conditions shall be limited to the total price paid for the Goods. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
14.6 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
15. EVENTS OUTSIDE OF OUR CONTROL
15.1 We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
Consumer only – What we will do if we are delayed or fail to perform because of an event outside of our control
15.2 If we are delayed or fail to perform our obligations as a result of an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any Goods you have paid for but have not received.
16. CONTACT DETAILS, COMPLAINTS AND FEEDBACK
16.1 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.
16.2 If you have any queries, complaints or problems with the Goods, please contact us in writing in the first instance so we can investigate.
Consumer only – Dispute resolution option16.3 If you are a Consumer in the EU and you have a dispute, you can use the EU Online Dispute Resolution platform to try to resolve it. The link is:
17. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
18. OTHER IMPORTANT TERMS
We may transfer these Terms and Conditions to someone else
18.1 We may transfer our obligations and rights under these Terms and Conditions to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
You may only transfer these Terms and Conditions if we agree
18.2 You may only transfer your obligations and rights under these Terms and Conditions if we agree in writing.
No third party rights
18.3 These Terms and Conditions are between you and us. No other person will be entitled to enforce any provision of these Terms and Conditions.
Giving up rights
18.4 Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
Invalid parts of the Terms and Conditions
18.5 If any provision (or part of any provision) of these Terms and Conditions is, or becomes illegal, invalid or unenforceable in any respect it shall not affect or impair the legality, validity or enforceability of any other provision of these Terms and Conditions.
19. WHAT COUNTRY’S LAWS APPLY TO ANY DISPUTES?
19.1 If you are a consumer, please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and us both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.