TERMS & CONDITIONS
ARINSDALE LIMITED - TERMS AND CONDITIONS FOR SUPPLY OF GOODS
1. Definitions
1.1 “Account” means collectively the personal information, payment information and credentials used by Customers to access paid Content and/or any communications System on the Website;
1.2 “Agreed Terms" means these Terms and Conditions;
1.3 “Carrier” means any third party responsible for transporting purchased Goods from the Supplier’s Premises to the Customer;
1.4 “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
1.5 “Contract” means these Agreed Terms as applied to the Order placed by the Customer and the supply of Goods by the Supplier;
1.6 “Customer" means and includes all visitors to the website and in particular the organisation or person who purchases Goods from the Supplier;
1.7 “Dispatch Confirmation” means the email sent out by the Supplier to the Customer informing them that the Goods have been dispatched;
1.8 “Event Outside the Supplier’s Control” means failure to perform, or delay in performance of, any of the Supplier’s obligations under the Contract that is caused by any act or event beyond the Supplier’s reasonable control;
1.9 “Goods” means any products that the Supplier advertises and/or makes available for sale through this Website;
1.10 “Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.11 “International Delivery Destination” means a place or location bearing a postal address in any country outside the United Kingdom (UK) where the Supplier is asked to deliver;
1.12 “Order” means an offer by the Customer to purchase Goods;
1.13 “Premises” means the Supplier’s place of business located at Block 6, West Mains Industrial Estate, Grangemouth, FK3 8YE;
1.14 "Supplier" means Arinsdale Limited (UK Company Number SC097927), Block 6, West Mains Industrial Estate, Grangemouth, FK3 8Y;
1.15 “System” means any online communications infrastructure which the Supplier makes available through the Website from time to time. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
1.16 “Trade Counter” means the counter at the Supplier’s Premises which is open from 08:30 to 16:30 Monday to Friday; and
1.17 “Website” means http://www.arinsdale.com and www.tensysdirect.com and any sub-domains.
2. The Contract
2.1 Only these Agreed Terms apply to the Contract. No other terms are implied by trade, custom, practice or course of dealing.
2.2 The Contract is the entire agreement between the Supplier and Customer in relation to its subject matter. The Customer acknowledges that it has not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 The Contract has been made only in the English language.
3. Placing an Order and its acceptance
3.1 The Customer must follow the onscreen prompts to place an Order. Each Order is an offer by the Customer to buy the Goods subject to these Agreed Terms.
3.2 The Supplier’s Order process allows the Customer to check and amend any errors before submitting an Order. It is the sole responsibility of the Customer to check the Order carefully before confirming it. The Customer is responsible for ensuring that the Order and any specification submitted is complete and accurate.
3.3 After an Order is placed, the Customer will receive an email from the Supplier acknowledging that the Supplier has received it. That does not mean that the Order has been accepted at this time. The Supplier’s acceptance of the Customer’s Order will take place as described in clause 3.4.
3.4 The Supplier will confirm Order acceptance by sending the Customer a Dispatch Confirmation. The Contract between the Supplier and the Customer will only be concluded when a Dispatch Confirmation is sent.
3.5 If the Supplier is unable to supply the Customer with the Goods for any reason, the Customer will be informed by email and the Order will not be processed. If the Customer has already paid for the Goods, the Supplier will refund the Customer the full amount including any delivery costs incurred within 14 days.
3.6 The Supplier will assign an order number to the Customer’s Order and provide it when the Order is accepted. The Customer should be prepared to provide the Supplier with the order number at any time they contact the Supplier.
4. The Goods
4.1 The images of the Goods on the Website are for illustrative purposes only. Although every effort has been made to display the colours accurately, the Supplier cannot guarantee that the Customer’s computer displays the colours accurately. The colour of the Goods may vary slightly from those images. Although the Supplier has made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Supplier’s site have a 2% to 5% tolerance.
4.2 The Supplier does not represent or warrant that such Goods will be available. Stock indications are provided on the Website. These may not take into account sales that have taken place during the Customer’s visit to the Website.
5. The Customer’s ability to make changes
If the Customer wishes to make a change to the Order, they should contact the Supplier. The Supplier will inform the Customer if the change is possible. If it is possible the Supplier will inform the Customer about any changes to the price of the product, the timing of supply or anything else which may be necessary as a result of the requested change and ask the Customer to confirm whether the Order can proceed with the change. If the Supplier cannot make the change or the consequences of making the change are unacceptable to the Customer, the Customer may withdraw the Order.
6. Return and refund
6.1 The Customer may cancel the Contract by notifying the Supplier within 14 days of receiving the Goods and receive a refund, but only provided the Goods have not been used by the Customer. To cancel the Contract the Customer must notify the Supplier as set out in clause 6.3 of their decision to cancel the Contract. The Customer must complete the form provided with the delivery of the Goods.
6.2 If the Goods are faulty, damaged or mis-described then the Customer may cancel the Contract notifying the Supplier within 21 days of receiving the Goods.
6.3 To cancel the Contract the Supplier must be notified by email at returns@arinsdale.com. Details of the Customer’s Order and order number must be provided to help the Supplier identify the Order. If accepted by the Supplier, then the cancellation is effective from the date of the cancellation email from the Customer. The Supplier will issue a return number. Returns will only be accepted if a return number has been issued, any items returned to the Supplier without an agreed return number will not be accepted.
6.4 If the Customer has received faulty, damaged or mis- described Goods and decides to cancel the Contract on that basis they are entitled to a full refund, or a replacement of the Goods provided, delivery costs will be met by the Supplier for the return and replacement of the Goods. If the Customer has returned the Goods to the Supplier under this clause because they are faulty, damaged or mis-described, the Supplier will refund the price of the Goods and delivery. The Supplier will refund the Customer on the credit card, debit card or bank account used to pay with within seven days of the return being received by the Supplier.
6.5 If the Customer, through no fault of its own, receives the incorrect Goods it may cancel the contract and receive a refund as set out in clause 6.1 and 6.3. The Customer will also receive a refund for the delivery costs. Alternatively, the Customer is entitled to the replacement of the incorrect Goods for the correct Goods. All delivery costs for the return and the delivery will be met by the Supplier.
6.6 If the Customer cancels the Contract then the Customer must return the Goods to the Supplier without undue delay and in any event not later than 14 days after notification of the cancellation of the Contract. Where clause 6.4 or 6.5 does not apply the Customer will not receive a refund for delivery and the Customer will bear the delivery costs for the return of the Goods. The Customer may either send the Goods back, return the Goods to the Trade Counter or hand the Goods to an authorised Carrier.
7. Delivery, transfer of risk and title
7.1 The Supplier will provide the Customer with an estimated delivery date in the Dispatch Confirmation. Occasionally delivery may be affected by an Event Outside The Supplier’s Control. See clause 14.
7.2 The Customer may contact the Supplier if an urgent or specific date of delivery is required, in which event the Supplier shall take all reasonable steps within its control to fulfil the Customer’s requirements, but the Supplier’s inability to comply with the Customer’s requirements shall not void the Order.
7.3 Orders received before 3:30pm will be packed and dispatched on the day the order was received, subject to stock availability and demand. In any event an Order received after 3:30pm will be dispatched the following working day.
7.4 The Supplier has the right to contact the Customer prior to the dispatch of the Goods, to confirm further delivery information, advise of delays or/and inform of a change in cost delivery
7.5 Clause 7.3 applies to UK mainland orders only. Clause 7.3 will not apply to any items of irregular weight or dimension. The Supplier shall take all reasonable steps to mark on the Website any item to which clause 7.3 does not apply by virtue of irregular weight or dimension. Clause 7.3 does not apply to Goods being sent outwith the mainland of the UK. Goods being sent to a destination in the UK but which is outwith the UK mainland may incur additional delivery charges.
7.6 The Supplier’s standard delivery service is the next working day following the date of acceptance of the Order. The Supplier does not accept liability for Goods lost in transit by the Carrier.
7.7 The Customer has the choice of Carrier at checkout prior to payment. The Carrier services offered are Royal Mail, DPD, Parcelforce, Tuffnells and Palletine and their respective subcontractors. Goods being sent to Northern Ireland and Ireland are handled by Bullet Express and their local agents.
7.8 Delivery is complete once the Goods have been unloaded at the address for delivery set out in the Customer’s Order or collected by Customer at the Trade Counter. A form of proof of delivery will be required on delivery or collection.
7.9 The Customer owns the Goods only once the Supplier has received payment in full, including all applicable delivery charges. Ownership of and legal title to the Goods remains with the Supplier until the Customer has paid for the Goods and delivery charges in full.
7.10 In the event that the Customer does not receive the Order within the stated delivery time the Customer must inform the Supplier immediately. If the Supplier fails to deliver the Goods, the Supplier’s liability is limited to the cost of obtaining replacement goods of a similar description. The Supplier will not be liable to the extent that any failure to deliver the Goods was caused by an Event Outside The Supplier’s Control, or because the Customer failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7.11 If the Customer fails to take delivery within 30 days after the day on which the Supplier notified the Customer that the Goods were ready for delivery, The Supplier may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
7.12 Unless the Goods have previously been despatched to the Customer in accordance with any delivery instructions contained in the Order, the Customer may collect the Goods from the Supplier’s Premises at the Trade Counter at any time during the working hours.
8. International delivery
8.1 The Supplier will deliver to an International Delivery Destination subject to any current and future UK Government restrictions.
8.2 The Customer must contact the Supplier prior to making an Order to obtain a delivery quote.
8.3 If the Customer orders Goods from the Website for delivery to an International Delivery Destination, the Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. The Supplier has no control over these charges and cannot predict their amount.
8.4 The Customer will be responsible for payment of any such import duties and taxes to the exclusion of the Supplier who shall bear no liability.
8.5 The Customer must comply with all applicable laws or regulation of the country for which the Goods are destined. The Supplier will not be liable or responsible if any such laws or regulations are broken.
9. Price of goods and delivery charges
9.1 Subject to clause 9.5 the price of the Goods will be as quoted in Pound Sterling and Euro on the Website at the time the Customer submits the Order. The Supplier will take all reasonable care to ensure the prices of Goods are correct at the time when the relevant information is entered onto the System.
9.2 Prices for the Supplier’s Goods may change from time to time, but changes will not affect any Order the Customer has already placed.
9.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes between the date of the Order and the date of delivery, the Supplier will adjust the VAT the Customer is liable to pay, unless payment for the Goods has been made in full before the change in VAT takes effect.
9.4 The price of the Goods does not include delivery charges. Delivery charges are advised during the check-out process, before the Order is confirmed. See clause 7.
9.5 The Supplier does not warrant that the price of the Goods on the Website is accurate at all times. The Supplier will check prices as part of the dispatch procedures so that:
(a) where the correct price of the Goods is less than the price stated on the Website, the Supplier will charge the lower amount when dispatching the Goods to the Supplier; and
(b) if the correct price of the Goods is higher than the price stated on the Website, the Supplier will contact the Customer to inform the Customer of this error and the Customer shall be entitled to purchase the Goods at the correct price or cancel the Order, and the Order will not be processed until the Supplier has received instructions from the Customer. If the Supplier is unable to contact the Customer using the contact details provided during the Order process, the Supplier will treat the Order as cancelled and will take reasonable steps to notify the Customer in writing. If the Supplier mistakenly accepts and processes the Order where a pricing error is obvious and could reasonably have been recognised by the Supplier as an error, the Supplier may cancel the Order and refund any sums paid.
10. How to pay
10.1 The Customer can pay for the Goods using a debit card, credit card, cheque or credit account or. The Supplier accepts the following cards:
10.2 The Customer can pay through the Website, bank transfer or by phone.
10.3 To pay by cheque Orders must be accepted by email or by phone. An order confirmation/Proforma invoice will be sent to the Customer with the amount due. The Customer shall make the cheque payable to Arinsdale Limited. The Order will not be dispatched by the Supplier until the cheque has cleared.
10.4 Business customers may use an existing credit account or apply for a new credit account. For new accounts the business customer must complete the details in the credit account applications section on the Website.
10.5 Payment completed through the Website will be processed by using Opayp, PayPal or AmazonPay.
10.6 The Customer must contact the Supplier for the Supplier’s bank details to pay by bank transfer. Goods will be dispatched once funds are confirmed to be in the Supplier’s bank account.
10.7 If Payment is to be made by phone the Customer must call 0800 371185. The Customer must provide the Supplier with the 12 digit number on the card, the expiry date, and the three-digit security code along with the Customer’s registered address and postcode, and any other details reasonably requested by the Supplier to process the payment.
10.8 Notwithstanding anything which may be written in these Terms and Conditions to the contrary, the Supplier is under no obligation to dispatch the Goods unless and until the price of the Goods and all applicable delivery charges have been paid to the Supplier in full.
11. Warranty for the goods
11.1 The Goods are specified for use in the UK and all reasonable care has been taken by the Supplier to ensure that the Goods appearing on the Website company with all applicable UK Law(s). The Supplier does not warrant that the Goods comply with the laws, regulations or standards outside the UK.
11.2 The Supplier provides a warranty that on delivery, the Goods shall:
(a) subject to clause 4, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be fit for any purpose held out by the Supplier.
11.3 Subject to clause 11.4, if:
(a) the Customer gives the Supplier notice in writing within 30 days of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.1;
(b) the Supplier is given a reasonable opportunity of examining the Goods; and
(c) if asked to do so, the Customer returns the Goods to the Supplier at the Suppliers cost,
then the Supplier will repair or replace the defective Goods, or refund the price of the defective Goods in full.
11.4 The Supplier will not be liable for breach of the warranty set out in clause 11.1 if:
(a) The Customer makes any further use of the Goods after giving notice under clause 11.3;
(b) The Customer adapts, alters or repairs the Goods;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(d) the Goods differ from their description or specification as a result of adaptions or changes made to the Goods ensure they comply with any applicable statutory or regulatory requirements.
11.5 The Supplier will only be liable to the Customer for the failure of the Goods to comply with the warranty set out in clause 11.1 to the extent set out in this clause 11.
11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. These terms also apply to any repaired or replacement Goods supplied by the Supplier to the Customer.
12. The Supplier’s liability
12.1 References to liability in this clause include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, delict (including negligence), misrepresentation, restitution or otherwise.
12.2 The Supplier accepts no liability or duty of care in the event that the Customer resells the Goods.
12.3 Nothing in these Agreed Terms limits or excludes the Supplier’s liability for:
(a) death or personal injury caused by the Supplier’s negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
12.4 Subject to clause 12.3, the Supplier will under no circumstances be liable to the Customer for:
(a) any loss of profits, sales, business, or revenue;
(b) any indirect or consequential loss.
12.5 Subject to clause 12.3, the Supplier’s total liability to the Customer for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
12.6 Except as expressly stated in these Agreed Terms, the Supplier does not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Agreed Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Supplier will not be responsible for ensuring that the Goods are suitable for the Customer’s purposes.
13. Termination
13.1 Without limiting any of the Supplier’s other rights, the Supplier may suspend the supply or delivery of the Goods to the Customer, or terminate the Contract with immediate effect by giving written notice if:
(a) The Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of the Customer being notified in writing to do so;
(b) The Customer fails to pay any amount due under the Contract on the due date for payment;
(c) The Customer does not, within 30 days, allow the delivery or collection of the goods from the Supplier;
(d) The Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil their obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract shall not affect the rights and remedies of the parties that have accrued as at termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. Event Outside The Supplier’s Control
14.1 The Supplier will not be liable or responsible for any Event Outside The Supplier’s Control.
14.2 If an Event Outside The Supplier’s Control takes place that affects the ability of the Supplier to perform the Supplier’s obligations under the Contract:
(a) The Supplier will contact and notify the Customer as soon as reasonably possible; and
(b) The Supplier’s obligations under the Contract will be suspended and the time for performance of the Supplier’s obligations will be extended for the duration of the Event Outside The Supplier’s Control. Where the Event Outside The Supplier’s Control affects the delivery of Goods to the Customer, the Supplier will arrange a new delivery date with the Customer after the Event Outside The Supplier’s Control is over.
14.3 The Customer may cancel the Contract affected by an Event Outside The Supplier’s Control which has continued for more than 30 days. To cancel the Customer must contact the Supplier. If the customer opts to cancel, the Customer will have to return any relevant Goods that have already been received and the Customer will be refunded in full, including any delivery charges.
15. Communications between the parties
15.1 Any notice or other communication between the parties under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
15.2 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
15.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Use of communications facilities
16.1 When using any System on the Website the Customer should do so in accordance with the following rules.
16.2 Obscene or vulgar language must not be used.
16.3 The Customer must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist or otherwise discriminatory.
16.4 Any submissions are to be in English because the Supplier may be unable to respond to enquiries submitted in any other language.
16.5 The Customer shall not use the System for unauthorised mass-communication such as “spam” or “junk mail”.
16.6 The Customer acknowledges that the Supplier reserves the right to monitor any and all communications made to the Supplier using the System.
17. Accounts
17.1 In order to purchase Goods on the Website and to use the account facilities the Customer is required to create an Account which will contain certain personal/business details and payment information which may vary based upon the Customer’s use of the Website. By continuing to use this Website the Customer represents and warrants that:
a) all information submitted is accurate and truthful;
b) the Customer has permission to submit payment information where permission may be required;
c) the Customer will keep this information accurate and up-to-date; and
d) the creation of an Account is further affirmation of the Customer’s representation and warranty.
17.2 The Supplier accepts no liability for any losses or damages incurred as a result of the Account details being shared by the Account holder.
17.3 If the Customer has reason to believe that the Customer’s Account details have been obtained by another without consent, the Customer must contact the Supplier immediately to suspend the Account and cancel any unauthorised purchases which may be pending. Purchases can only be cancelled prior to dispatch. In the event that an unauthorised purchase is dispatched prior to the Customer notifying the Supplier of the unauthorised nature of the purchase, the Supplier accepts no liability or responsibility and the Customer should make contact with the Carrier detailed in the purchase information.
18. Termination and cancellation of account
18.1 Subject to this Paragraph 18, the Supplier and the Customer may terminate the Customer’s Account at any time. If the Supplier terminates the Customer’s Account, the Customer will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, the Supplier reserves the right to terminate without giving reasons.
18.2 If the Supplier terminates the Account, any current or pending purchases on the Account will be cancelled and will not be dispatched.
18.3 If purchases are cancelled for any reason prior to dispatch the Customer will be refunded any sums paid in relation to those purchases.
18.4 If the Customer terminates their Account any non-dispatched purchases will be cancelled and the Customer will be refunded any sums paid in relation to those purchases.
19. Intellectual property
19.1 All Intellectual Property Rights included on the Website, or produced from or arising as a result of the performance of the Contract, unless uploaded by Customers, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Supplier, their affiliates or other relevant third parties. By continuing to use the Website the Customer acknowledges that such material is protected by applicable UK and International intellectual property and other laws.
19.2 No person may reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by the Supplier.
20. Disclaimers
20.1 The Supplier makes no warranty or representation that the Website will meet the Customer’s requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
20.2 No part of the Website is intended to constitute advice or recommendation and the Content of the Website should not be relied upon when making any decisions or taking any action of any kind.
20.3 No part of the Website is intended to constitute a contractual offer capable of acceptance.
21. Changes to the service
21.1 The Supplier reserves the right to change the Website and its Content at any time. The Customer will be bound by any changes to these Agreed Terms from the first time the Customer uses the Website following the changes. If the Supplier is required to make any changes to the Agreed Terms relating to sale of Goods by law, these changes will apply automatically to any Orders currently pending in addition to any future Orders placed.
22. Terms and Conditions of Use of the Website
22.1 The content of the pages of this website is for the Customers information and use only. It is subject to change without notice.
22.2 This website uses cookies to monitor browsing preferences. If the Customer does allow cookies to be used, personal information may be stored by the Supplier for use by third parties.
22.3 Neither the Supplier nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The customer acknowledges that such information and materials may contain inaccuracies or errors and the Supplier expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
22.4 The use of any information or materials on this website is entirely at the Customer’s own risk, for which the Supplier shall not be liable. It shall be the Customer’s responsibility to ensure that any products, services or information available through this website meets any specific requirements.
22.5 All trade marks reproduced in this website which are not the property of, or licensed to, the Supplier are acknowledged on the website.
22.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
22.7 From time to time this website may also include links to other websites. These links do not signify that the Supplier endorses the website(s). The Supplier has no responsibility for the content of the linked website(s).
23. The rights of a non-business customer
23.1 The right to end the Contract
23.1.1 The non-business customer’s right to end the Contract will depend on what has been bought, whether there is anything wrong with the Order, how the Supplier is performing and at what point in the Contract the non-business customer decides to end the Contract (see clause 23.1.2 – 23.1.5).
23.1.2 The non-business customer may have a legal right to end the Contract if the purchased product is faulty. Alternatively, there may be another course of action available to the non-business customer (see clause 23.2).
23.1.3 If the non-business customer is ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and the non-business customer will receive a refund in full for any Goods which have not been provided. The non-business customer will receive a refund of the delivery costs. The non-business customer will receive a refund immediately if:
(a) the Supplier has told the non-business customer about an upcoming change to the product or these terms which the non-business customer does not agree to;
(b) the Supplier has told the non-business customer about an error in the price or description of the Goods that have been ordered and the non-business customer does not wish to proceed;
(c) there is a risk that supply of the Goods may be significantly delayed because of events outside the Supplier’s control;
(d) the Supplier notifies the non-business customer that they are or will be suspending the supply of the products due to technical reasons; or
(e) the non-business customer has a legal right to end the Contract because of something the Supplier has done wrong.
23.1.4 For Goods bought through the Supplier’s Website the non-business customer has a legal right to change their mind within 14 days and receive a refund. These rights are explained in more detail in the Consumer Contracts (Information, Cancellation and Additional Chargers) 2013. The non-business customer may be able to get a refund if they are within the cooling-off period, but this may be subject to deductions. The non-business customer will be refunded the amount of standard delivery only. The non-business customer will have to pay the costs of return of any goods.
23.1.5 If the Supplier is not at fault and the non-business customer does not have a right to change their mind the non-business customer can still end the Contract before it is completed, but the non-business customer may have to pay compensation to the Supplier. A Contract for Goods is completed when the Goods are delivered. If the non-business customer wants to end a Contract before it is completed where the Supplier is not at fault and the non-business customer has not changed their mind, the non-business customer must contact the Supplier. The contract will end immediately, and the Supplier will refund any sums paid for Goods not provided. The Supplier may deduct from that refund reasonable compensation for the net costs that the Supplier will incur as a result of the non-business customer ending the Contract.
23.1.6 The non-business customer has 14 days after the day the Goods are received to change their mind unless:
a) the Goods are split into several deliveries over different days in which case the non-business customer has until 14 days after the day the non-business customer (or a nominated person) receives the last delivery to change their mind about the Goods; or
b) the Goods are for regular delivery over a set period in which case the non-business customer has until 14 days after the day the non-business customer (or nominated person) receives the first delivery of the Goods.
23.1.7 These Agreed Terms reflect the non-business customer’s legal rights under the Consumer Contracts Regulations 2013.
23.2 The non-business customer’s legal rights
23.2.1 The Supplier is under a legal duty to supply Goods that are in conformity with this Contract. Nothing in these terms will affect the non-business customer’s legal rights set out in the Consumer Rights Act 2015.
23.3 Use of personal information
23.3.1 The Supplier will only use the non-business customer’s personal information as set out in (http://www.arinsdale.com/PrivacyStatement.aspx).
24. General
24.1 Assignment and transfer
24.1.1 The Supplier may assign or transfer their rights and obligations under a Contract to another entity but will always notify the Customer in writing or by posting on the Website if this happens.
24.1.2 The Customer may only assign or transfer their rights or obligations under the Contract to another person if the Supplier and Customer agree in writing.
24.2 If the Supplier does not insist that the Customer performs any of their obligations under the Contract, or if the Supplier does not exercise their rights or remedies against the Customer, or if the Supplier delays in doing so, that will not mean that the Supplier has waived their rights or remedies against the Customer or that the Customer does not have to comply with those obligations. If the Supplier does waive any rights or remedies, they will only do so in writing, and that will not mean that the Supplier will automatically waive any right or remedy related to any later default by the Customer.
24.3 Each paragraph of these Agreed Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.4 The Contract is between the Supplier and the Customer. No other person has any rights to enforce any of its terms.
24.5 Privacy. Use of the Website is also governed by the Supplier’s Privacy Policy (http://www.arinsdale.com/PrivacyStatement.aspx) which is incorporated into these Agreed Terms. The Privacy Policy which includes information about the cookies and Website uses can be viewed on the link above.
24.6 Governing law and jurisdiction. Any Contract proceeding from an Order is governed by Scots law and the Supplier and the Customer respectively irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Scottish courts.
1. Definitions
1.1 “Account” means collectively the personal information, payment information and credentials used by Customers to access paid Content and/or any communications System on the Website;
1.2 “Agreed Terms" means these Terms and Conditions;
1.3 “Carrier” means any third party responsible for transporting purchased Goods from the Supplier’s Premises to the Customer;
1.4 “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
1.5 “Contract” means these Agreed Terms as applied to the Order placed by the Customer and the supply of Goods by the Supplier;
1.6 “Customer" means and includes all visitors to the website and in particular the organisation or person who purchases Goods from the Supplier;
1.7 “Dispatch Confirmation” means the email sent out by the Supplier to the Customer informing them that the Goods have been dispatched;
1.8 “Event Outside the Supplier’s Control” means failure to perform, or delay in performance of, any of the Supplier’s obligations under the Contract that is caused by any act or event beyond the Supplier’s reasonable control;
1.9 “Goods” means any products that the Supplier advertises and/or makes available for sale through this Website;
1.10 “Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.11 “International Delivery Destination” means a place or location bearing a postal address in any country outside the United Kingdom (UK) where the Supplier is asked to deliver;
1.12 “Order” means an offer by the Customer to purchase Goods;
1.13 “Premises” means the Supplier’s place of business located at Block 6, West Mains Industrial Estate, Grangemouth, FK3 8YE;
1.14 "Supplier" means Arinsdale Limited (UK Company Number SC097927), Block 6, West Mains Industrial Estate, Grangemouth, FK3 8Y;
1.15 “System” means any online communications infrastructure which the Supplier makes available through the Website from time to time. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
1.16 “Trade Counter” means the counter at the Supplier’s Premises which is open from 08:30 to 16:30 Monday to Friday; and
1.17 “Website” means http://www.arinsdale.com and www.tensysdirect.com and any sub-domains.
2. The Contract
2.1 Only these Agreed Terms apply to the Contract. No other terms are implied by trade, custom, practice or course of dealing.
2.2 The Contract is the entire agreement between the Supplier and Customer in relation to its subject matter. The Customer acknowledges that it has not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 The Contract has been made only in the English language.
3. Placing an Order and its acceptance
3.1 The Customer must follow the onscreen prompts to place an Order. Each Order is an offer by the Customer to buy the Goods subject to these Agreed Terms.
3.2 The Supplier’s Order process allows the Customer to check and amend any errors before submitting an Order. It is the sole responsibility of the Customer to check the Order carefully before confirming it. The Customer is responsible for ensuring that the Order and any specification submitted is complete and accurate.
3.3 After an Order is placed, the Customer will receive an email from the Supplier acknowledging that the Supplier has received it. That does not mean that the Order has been accepted at this time. The Supplier’s acceptance of the Customer’s Order will take place as described in clause 3.4.
3.4 The Supplier will confirm Order acceptance by sending the Customer a Dispatch Confirmation. The Contract between the Supplier and the Customer will only be concluded when a Dispatch Confirmation is sent.
3.5 If the Supplier is unable to supply the Customer with the Goods for any reason, the Customer will be informed by email and the Order will not be processed. If the Customer has already paid for the Goods, the Supplier will refund the Customer the full amount including any delivery costs incurred within 14 days.
3.6 The Supplier will assign an order number to the Customer’s Order and provide it when the Order is accepted. The Customer should be prepared to provide the Supplier with the order number at any time they contact the Supplier.
4. The Goods
4.1 The images of the Goods on the Website are for illustrative purposes only. Although every effort has been made to display the colours accurately, the Supplier cannot guarantee that the Customer’s computer displays the colours accurately. The colour of the Goods may vary slightly from those images. Although the Supplier has made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Supplier’s site have a 2% to 5% tolerance.
4.2 The Supplier does not represent or warrant that such Goods will be available. Stock indications are provided on the Website. These may not take into account sales that have taken place during the Customer’s visit to the Website.
5. The Customer’s ability to make changes
If the Customer wishes to make a change to the Order, they should contact the Supplier. The Supplier will inform the Customer if the change is possible. If it is possible the Supplier will inform the Customer about any changes to the price of the product, the timing of supply or anything else which may be necessary as a result of the requested change and ask the Customer to confirm whether the Order can proceed with the change. If the Supplier cannot make the change or the consequences of making the change are unacceptable to the Customer, the Customer may withdraw the Order.
6. Return and refund
6.1 The Customer may cancel the Contract by notifying the Supplier within 14 days of receiving the Goods and receive a refund, but only provided the Goods have not been used by the Customer. To cancel the Contract the Customer must notify the Supplier as set out in clause 6.3 of their decision to cancel the Contract. The Customer must complete the form provided with the delivery of the Goods.
6.2 If the Goods are faulty, damaged or mis-described then the Customer may cancel the Contract notifying the Supplier within 21 days of receiving the Goods.
6.3 To cancel the Contract the Supplier must be notified by email at returns@arinsdale.com. Details of the Customer’s Order and order number must be provided to help the Supplier identify the Order. If accepted by the Supplier, then the cancellation is effective from the date of the cancellation email from the Customer. The Supplier will issue a return number. Returns will only be accepted if a return number has been issued, any items returned to the Supplier without an agreed return number will not be accepted.
6.4 If the Customer has received faulty, damaged or mis- described Goods and decides to cancel the Contract on that basis they are entitled to a full refund, or a replacement of the Goods provided, delivery costs will be met by the Supplier for the return and replacement of the Goods. If the Customer has returned the Goods to the Supplier under this clause because they are faulty, damaged or mis-described, the Supplier will refund the price of the Goods and delivery. The Supplier will refund the Customer on the credit card, debit card or bank account used to pay with within seven days of the return being received by the Supplier.
6.5 If the Customer, through no fault of its own, receives the incorrect Goods it may cancel the contract and receive a refund as set out in clause 6.1 and 6.3. The Customer will also receive a refund for the delivery costs. Alternatively, the Customer is entitled to the replacement of the incorrect Goods for the correct Goods. All delivery costs for the return and the delivery will be met by the Supplier.
6.6 If the Customer cancels the Contract then the Customer must return the Goods to the Supplier without undue delay and in any event not later than 14 days after notification of the cancellation of the Contract. Where clause 6.4 or 6.5 does not apply the Customer will not receive a refund for delivery and the Customer will bear the delivery costs for the return of the Goods. The Customer may either send the Goods back, return the Goods to the Trade Counter or hand the Goods to an authorised Carrier.
7. Delivery, transfer of risk and title
7.1 The Supplier will provide the Customer with an estimated delivery date in the Dispatch Confirmation. Occasionally delivery may be affected by an Event Outside The Supplier’s Control. See clause 14.
7.2 The Customer may contact the Supplier if an urgent or specific date of delivery is required, in which event the Supplier shall take all reasonable steps within its control to fulfil the Customer’s requirements, but the Supplier’s inability to comply with the Customer’s requirements shall not void the Order.
7.3 Orders received before 3:30pm will be packed and dispatched on the day the order was received, subject to stock availability and demand. In any event an Order received after 3:30pm will be dispatched the following working day.
7.4 The Supplier has the right to contact the Customer prior to the dispatch of the Goods, to confirm further delivery information, advise of delays or/and inform of a change in cost delivery
7.5 Clause 7.3 applies to UK mainland orders only. Clause 7.3 will not apply to any items of irregular weight or dimension. The Supplier shall take all reasonable steps to mark on the Website any item to which clause 7.3 does not apply by virtue of irregular weight or dimension. Clause 7.3 does not apply to Goods being sent outwith the mainland of the UK. Goods being sent to a destination in the UK but which is outwith the UK mainland may incur additional delivery charges.
7.6 The Supplier’s standard delivery service is the next working day following the date of acceptance of the Order. The Supplier does not accept liability for Goods lost in transit by the Carrier.
7.7 The Customer has the choice of Carrier at checkout prior to payment. The Carrier services offered are Royal Mail, DPD, Parcelforce, Tuffnells and Palletine and their respective subcontractors. Goods being sent to Northern Ireland and Ireland are handled by Bullet Express and their local agents.
7.8 Delivery is complete once the Goods have been unloaded at the address for delivery set out in the Customer’s Order or collected by Customer at the Trade Counter. A form of proof of delivery will be required on delivery or collection.
7.9 The Customer owns the Goods only once the Supplier has received payment in full, including all applicable delivery charges. Ownership of and legal title to the Goods remains with the Supplier until the Customer has paid for the Goods and delivery charges in full.
7.10 In the event that the Customer does not receive the Order within the stated delivery time the Customer must inform the Supplier immediately. If the Supplier fails to deliver the Goods, the Supplier’s liability is limited to the cost of obtaining replacement goods of a similar description. The Supplier will not be liable to the extent that any failure to deliver the Goods was caused by an Event Outside The Supplier’s Control, or because the Customer failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7.11 If the Customer fails to take delivery within 30 days after the day on which the Supplier notified the Customer that the Goods were ready for delivery, The Supplier may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
7.12 Unless the Goods have previously been despatched to the Customer in accordance with any delivery instructions contained in the Order, the Customer may collect the Goods from the Supplier’s Premises at the Trade Counter at any time during the working hours.
8. International delivery
8.1 The Supplier will deliver to an International Delivery Destination subject to any current and future UK Government restrictions.
8.2 The Customer must contact the Supplier prior to making an Order to obtain a delivery quote.
8.3 If the Customer orders Goods from the Website for delivery to an International Delivery Destination, the Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. The Supplier has no control over these charges and cannot predict their amount.
8.4 The Customer will be responsible for payment of any such import duties and taxes to the exclusion of the Supplier who shall bear no liability.
8.5 The Customer must comply with all applicable laws or regulation of the country for which the Goods are destined. The Supplier will not be liable or responsible if any such laws or regulations are broken.
9. Price of goods and delivery charges
9.1 Subject to clause 9.5 the price of the Goods will be as quoted in Pound Sterling and Euro on the Website at the time the Customer submits the Order. The Supplier will take all reasonable care to ensure the prices of Goods are correct at the time when the relevant information is entered onto the System.
9.2 Prices for the Supplier’s Goods may change from time to time, but changes will not affect any Order the Customer has already placed.
9.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes between the date of the Order and the date of delivery, the Supplier will adjust the VAT the Customer is liable to pay, unless payment for the Goods has been made in full before the change in VAT takes effect.
9.4 The price of the Goods does not include delivery charges. Delivery charges are advised during the check-out process, before the Order is confirmed. See clause 7.
9.5 The Supplier does not warrant that the price of the Goods on the Website is accurate at all times. The Supplier will check prices as part of the dispatch procedures so that:
(a) where the correct price of the Goods is less than the price stated on the Website, the Supplier will charge the lower amount when dispatching the Goods to the Supplier; and
(b) if the correct price of the Goods is higher than the price stated on the Website, the Supplier will contact the Customer to inform the Customer of this error and the Customer shall be entitled to purchase the Goods at the correct price or cancel the Order, and the Order will not be processed until the Supplier has received instructions from the Customer. If the Supplier is unable to contact the Customer using the contact details provided during the Order process, the Supplier will treat the Order as cancelled and will take reasonable steps to notify the Customer in writing. If the Supplier mistakenly accepts and processes the Order where a pricing error is obvious and could reasonably have been recognised by the Supplier as an error, the Supplier may cancel the Order and refund any sums paid.
10. How to pay
10.1 The Customer can pay for the Goods using a debit card, credit card, cheque or credit account or. The Supplier accepts the following cards:
- Mastercard Debit
- Mastercard Visa
- Visa Debit
- Visa Credit
- Visa Electron
- Maestro
- American Express
- Visa Corporate Purchasing Goods
10.2 The Customer can pay through the Website, bank transfer or by phone.
10.3 To pay by cheque Orders must be accepted by email or by phone. An order confirmation/Proforma invoice will be sent to the Customer with the amount due. The Customer shall make the cheque payable to Arinsdale Limited. The Order will not be dispatched by the Supplier until the cheque has cleared.
10.4 Business customers may use an existing credit account or apply for a new credit account. For new accounts the business customer must complete the details in the credit account applications section on the Website.
10.5 Payment completed through the Website will be processed by using Opayp, PayPal or AmazonPay.
10.6 The Customer must contact the Supplier for the Supplier’s bank details to pay by bank transfer. Goods will be dispatched once funds are confirmed to be in the Supplier’s bank account.
10.7 If Payment is to be made by phone the Customer must call 0800 371185. The Customer must provide the Supplier with the 12 digit number on the card, the expiry date, and the three-digit security code along with the Customer’s registered address and postcode, and any other details reasonably requested by the Supplier to process the payment.
10.8 Notwithstanding anything which may be written in these Terms and Conditions to the contrary, the Supplier is under no obligation to dispatch the Goods unless and until the price of the Goods and all applicable delivery charges have been paid to the Supplier in full.
11. Warranty for the goods
11.1 The Goods are specified for use in the UK and all reasonable care has been taken by the Supplier to ensure that the Goods appearing on the Website company with all applicable UK Law(s). The Supplier does not warrant that the Goods comply with the laws, regulations or standards outside the UK.
11.2 The Supplier provides a warranty that on delivery, the Goods shall:
(a) subject to clause 4, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be fit for any purpose held out by the Supplier.
11.3 Subject to clause 11.4, if:
(a) the Customer gives the Supplier notice in writing within 30 days of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.1;
(b) the Supplier is given a reasonable opportunity of examining the Goods; and
(c) if asked to do so, the Customer returns the Goods to the Supplier at the Suppliers cost,
then the Supplier will repair or replace the defective Goods, or refund the price of the defective Goods in full.
11.4 The Supplier will not be liable for breach of the warranty set out in clause 11.1 if:
(a) The Customer makes any further use of the Goods after giving notice under clause 11.3;
(b) The Customer adapts, alters or repairs the Goods;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(d) the Goods differ from their description or specification as a result of adaptions or changes made to the Goods ensure they comply with any applicable statutory or regulatory requirements.
11.5 The Supplier will only be liable to the Customer for the failure of the Goods to comply with the warranty set out in clause 11.1 to the extent set out in this clause 11.
11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. These terms also apply to any repaired or replacement Goods supplied by the Supplier to the Customer.
12. The Supplier’s liability
12.1 References to liability in this clause include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, delict (including negligence), misrepresentation, restitution or otherwise.
12.2 The Supplier accepts no liability or duty of care in the event that the Customer resells the Goods.
12.3 Nothing in these Agreed Terms limits or excludes the Supplier’s liability for:
(a) death or personal injury caused by the Supplier’s negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
12.4 Subject to clause 12.3, the Supplier will under no circumstances be liable to the Customer for:
(a) any loss of profits, sales, business, or revenue;
(b) any indirect or consequential loss.
12.5 Subject to clause 12.3, the Supplier’s total liability to the Customer for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
12.6 Except as expressly stated in these Agreed Terms, the Supplier does not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Agreed Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Supplier will not be responsible for ensuring that the Goods are suitable for the Customer’s purposes.
13. Termination
13.1 Without limiting any of the Supplier’s other rights, the Supplier may suspend the supply or delivery of the Goods to the Customer, or terminate the Contract with immediate effect by giving written notice if:
(a) The Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of the Customer being notified in writing to do so;
(b) The Customer fails to pay any amount due under the Contract on the due date for payment;
(c) The Customer does not, within 30 days, allow the delivery or collection of the goods from the Supplier;
(d) The Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil their obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract shall not affect the rights and remedies of the parties that have accrued as at termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. Event Outside The Supplier’s Control
14.1 The Supplier will not be liable or responsible for any Event Outside The Supplier’s Control.
14.2 If an Event Outside The Supplier’s Control takes place that affects the ability of the Supplier to perform the Supplier’s obligations under the Contract:
(a) The Supplier will contact and notify the Customer as soon as reasonably possible; and
(b) The Supplier’s obligations under the Contract will be suspended and the time for performance of the Supplier’s obligations will be extended for the duration of the Event Outside The Supplier’s Control. Where the Event Outside The Supplier’s Control affects the delivery of Goods to the Customer, the Supplier will arrange a new delivery date with the Customer after the Event Outside The Supplier’s Control is over.
14.3 The Customer may cancel the Contract affected by an Event Outside The Supplier’s Control which has continued for more than 30 days. To cancel the Customer must contact the Supplier. If the customer opts to cancel, the Customer will have to return any relevant Goods that have already been received and the Customer will be refunded in full, including any delivery charges.
15. Communications between the parties
15.1 Any notice or other communication between the parties under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
15.2 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
15.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Use of communications facilities
16.1 When using any System on the Website the Customer should do so in accordance with the following rules.
16.2 Obscene or vulgar language must not be used.
16.3 The Customer must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist or otherwise discriminatory.
16.4 Any submissions are to be in English because the Supplier may be unable to respond to enquiries submitted in any other language.
16.5 The Customer shall not use the System for unauthorised mass-communication such as “spam” or “junk mail”.
16.6 The Customer acknowledges that the Supplier reserves the right to monitor any and all communications made to the Supplier using the System.
17. Accounts
17.1 In order to purchase Goods on the Website and to use the account facilities the Customer is required to create an Account which will contain certain personal/business details and payment information which may vary based upon the Customer’s use of the Website. By continuing to use this Website the Customer represents and warrants that:
a) all information submitted is accurate and truthful;
b) the Customer has permission to submit payment information where permission may be required;
c) the Customer will keep this information accurate and up-to-date; and
d) the creation of an Account is further affirmation of the Customer’s representation and warranty.
17.2 The Supplier accepts no liability for any losses or damages incurred as a result of the Account details being shared by the Account holder.
17.3 If the Customer has reason to believe that the Customer’s Account details have been obtained by another without consent, the Customer must contact the Supplier immediately to suspend the Account and cancel any unauthorised purchases which may be pending. Purchases can only be cancelled prior to dispatch. In the event that an unauthorised purchase is dispatched prior to the Customer notifying the Supplier of the unauthorised nature of the purchase, the Supplier accepts no liability or responsibility and the Customer should make contact with the Carrier detailed in the purchase information.
18. Termination and cancellation of account
18.1 Subject to this Paragraph 18, the Supplier and the Customer may terminate the Customer’s Account at any time. If the Supplier terminates the Customer’s Account, the Customer will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, the Supplier reserves the right to terminate without giving reasons.
18.2 If the Supplier terminates the Account, any current or pending purchases on the Account will be cancelled and will not be dispatched.
18.3 If purchases are cancelled for any reason prior to dispatch the Customer will be refunded any sums paid in relation to those purchases.
18.4 If the Customer terminates their Account any non-dispatched purchases will be cancelled and the Customer will be refunded any sums paid in relation to those purchases.
19. Intellectual property
19.1 All Intellectual Property Rights included on the Website, or produced from or arising as a result of the performance of the Contract, unless uploaded by Customers, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Supplier, their affiliates or other relevant third parties. By continuing to use the Website the Customer acknowledges that such material is protected by applicable UK and International intellectual property and other laws.
19.2 No person may reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by the Supplier.
20. Disclaimers
20.1 The Supplier makes no warranty or representation that the Website will meet the Customer’s requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
20.2 No part of the Website is intended to constitute advice or recommendation and the Content of the Website should not be relied upon when making any decisions or taking any action of any kind.
20.3 No part of the Website is intended to constitute a contractual offer capable of acceptance.
21. Changes to the service
21.1 The Supplier reserves the right to change the Website and its Content at any time. The Customer will be bound by any changes to these Agreed Terms from the first time the Customer uses the Website following the changes. If the Supplier is required to make any changes to the Agreed Terms relating to sale of Goods by law, these changes will apply automatically to any Orders currently pending in addition to any future Orders placed.
22. Terms and Conditions of Use of the Website
22.1 The content of the pages of this website is for the Customers information and use only. It is subject to change without notice.
22.2 This website uses cookies to monitor browsing preferences. If the Customer does allow cookies to be used, personal information may be stored by the Supplier for use by third parties.
22.3 Neither the Supplier nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The customer acknowledges that such information and materials may contain inaccuracies or errors and the Supplier expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
22.4 The use of any information or materials on this website is entirely at the Customer’s own risk, for which the Supplier shall not be liable. It shall be the Customer’s responsibility to ensure that any products, services or information available through this website meets any specific requirements.
22.5 All trade marks reproduced in this website which are not the property of, or licensed to, the Supplier are acknowledged on the website.
22.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
22.7 From time to time this website may also include links to other websites. These links do not signify that the Supplier endorses the website(s). The Supplier has no responsibility for the content of the linked website(s).
23. The rights of a non-business customer
23.1 The right to end the Contract
23.1.1 The non-business customer’s right to end the Contract will depend on what has been bought, whether there is anything wrong with the Order, how the Supplier is performing and at what point in the Contract the non-business customer decides to end the Contract (see clause 23.1.2 – 23.1.5).
23.1.2 The non-business customer may have a legal right to end the Contract if the purchased product is faulty. Alternatively, there may be another course of action available to the non-business customer (see clause 23.2).
23.1.3 If the non-business customer is ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and the non-business customer will receive a refund in full for any Goods which have not been provided. The non-business customer will receive a refund of the delivery costs. The non-business customer will receive a refund immediately if:
(a) the Supplier has told the non-business customer about an upcoming change to the product or these terms which the non-business customer does not agree to;
(b) the Supplier has told the non-business customer about an error in the price or description of the Goods that have been ordered and the non-business customer does not wish to proceed;
(c) there is a risk that supply of the Goods may be significantly delayed because of events outside the Supplier’s control;
(d) the Supplier notifies the non-business customer that they are or will be suspending the supply of the products due to technical reasons; or
(e) the non-business customer has a legal right to end the Contract because of something the Supplier has done wrong.
23.1.4 For Goods bought through the Supplier’s Website the non-business customer has a legal right to change their mind within 14 days and receive a refund. These rights are explained in more detail in the Consumer Contracts (Information, Cancellation and Additional Chargers) 2013. The non-business customer may be able to get a refund if they are within the cooling-off period, but this may be subject to deductions. The non-business customer will be refunded the amount of standard delivery only. The non-business customer will have to pay the costs of return of any goods.
23.1.5 If the Supplier is not at fault and the non-business customer does not have a right to change their mind the non-business customer can still end the Contract before it is completed, but the non-business customer may have to pay compensation to the Supplier. A Contract for Goods is completed when the Goods are delivered. If the non-business customer wants to end a Contract before it is completed where the Supplier is not at fault and the non-business customer has not changed their mind, the non-business customer must contact the Supplier. The contract will end immediately, and the Supplier will refund any sums paid for Goods not provided. The Supplier may deduct from that refund reasonable compensation for the net costs that the Supplier will incur as a result of the non-business customer ending the Contract.
23.1.6 The non-business customer has 14 days after the day the Goods are received to change their mind unless:
a) the Goods are split into several deliveries over different days in which case the non-business customer has until 14 days after the day the non-business customer (or a nominated person) receives the last delivery to change their mind about the Goods; or
b) the Goods are for regular delivery over a set period in which case the non-business customer has until 14 days after the day the non-business customer (or nominated person) receives the first delivery of the Goods.
23.1.7 These Agreed Terms reflect the non-business customer’s legal rights under the Consumer Contracts Regulations 2013.
23.2 The non-business customer’s legal rights
23.2.1 The Supplier is under a legal duty to supply Goods that are in conformity with this Contract. Nothing in these terms will affect the non-business customer’s legal rights set out in the Consumer Rights Act 2015.
23.3 Use of personal information
23.3.1 The Supplier will only use the non-business customer’s personal information as set out in (http://www.arinsdale.com/PrivacyStatement.aspx).
24. General
24.1 Assignment and transfer
24.1.1 The Supplier may assign or transfer their rights and obligations under a Contract to another entity but will always notify the Customer in writing or by posting on the Website if this happens.
24.1.2 The Customer may only assign or transfer their rights or obligations under the Contract to another person if the Supplier and Customer agree in writing.
24.2 If the Supplier does not insist that the Customer performs any of their obligations under the Contract, or if the Supplier does not exercise their rights or remedies against the Customer, or if the Supplier delays in doing so, that will not mean that the Supplier has waived their rights or remedies against the Customer or that the Customer does not have to comply with those obligations. If the Supplier does waive any rights or remedies, they will only do so in writing, and that will not mean that the Supplier will automatically waive any right or remedy related to any later default by the Customer.
24.3 Each paragraph of these Agreed Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.4 The Contract is between the Supplier and the Customer. No other person has any rights to enforce any of its terms.
24.5 Privacy. Use of the Website is also governed by the Supplier’s Privacy Policy (http://www.arinsdale.com/PrivacyStatement.aspx) which is incorporated into these Agreed Terms. The Privacy Policy which includes information about the cookies and Website uses can be viewed on the link above.
24.6 Governing law and jurisdiction. Any Contract proceeding from an Order is governed by Scots law and the Supplier and the Customer respectively irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Scottish courts.
DATA USAGE & PRIVACY POLICY
| Privacy Statement Arinsdale Limited have taken a great deal of care to ensure that any personal information you send us remains totally confidential. Arinsdale Limited respects the need to protect your privacy and information and commits to: • Keep your personal information secure and only use it for the purposes as detailed below. • Not sell your personal information. • Provide you with ways to manage and review your marketing choices at any time. Credit Card Information All credit card information is encrypted when it is transferred over the Internet using SSL Encryption via a payment processing provider and Arinsdale Limited do not store any card information in any format. Data Collection & Usage Information we collect from you will be in order to provide a quality customer experience and carry out contractual obligations for the purposes of fulfilling your order(s):
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Updated June 2020
