These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We may amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Note: On 25 January 2017, these terms were updated to include new provisions around the protection of our intellectual property rights and the way that you are permitted to use our Products. For further details about how these changes may affect you, please take time to read the new clause 13.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 - We are Industville Limited, a company registered in England and Wales under company number 08487674 and with our registered office at Wellesley House, Duke Of Wellington Avenue, Royal Arsenal, London, SE18 6SS. Our main trading address is 218D, 1 Swan Road, Westminster Industrial Estate, London, SE18 5TT.
1.2 - Contacting us to cancel the contract if you are a consumer:
1.2.1 - To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
1.2.2 - If you wish to contact us to cancel the contract, or for any other reason including because you have any complaints, you can also e-mail us at [email protected] or contact our Customer Services team by telephone on 020 7971 7871 or by post to our trading address. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.2.3 - If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.2.4 - If you would like to request a refund, exchange or replacement Product(s), our refund policy can be found on our site at http://www.industville.co.uk/pages/refund-policy.
1.3 - Contacting us if you are a business. You may contact us by telephoning our customer service team at 020 7971 7871 or by e-mailing us at [email protected] or by writing to us at our main trading address. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 3.
2. Our Products
2.1 - The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 - The packaging of the Products may vary from that shown on images on our site.
3. How we use your personal information
4. How the contract is formed between you and us
4.1 - Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 - After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.
4.3 - We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.4 - If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. Our right to vary these Terms
6.2 - Please note that the right to cancel does not apply to a Contract which is for a Product made to your specifications, for example a chain and flex cable cut to order.
6.3 - Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 28 days after the day on which you receive the Product.
Your Contract is for either of the following: (a) one Product which is delivered in instalments on separate days; or (b) multiple Products which are delivered on separate days.
The end date is 28 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
6.4 - To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our site. If you use this method we will e-mail you to confirm we have received your cancellation.
6.5 - Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. You can obtain further information about these legal rights by contacting the Citizens Advice Bureau (https://www.citizensadvice.org.uk/ or call 03454 04 05 06).
6.6 - If you are a consumer and you cancel your Contract within the relevant 14 day period set out in clause 3, we will:
6.6.1 - refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
6.6.2 - refund any delivery costs you have paid; and
6.6.3 - make any refunds due to you as soon as possible and in any event within 28 days after the day on which we receive the Product back from you, or after you inform us of your decision to cancel the Contract.
6.7 - If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Products to us.
Please note that you will be responsible for paying for your own delivery costs when returning unwanted items if you choose to return the items via your own courier. If you choose a Swap or Collection service, we will charge a £9 administration fee to cover these options.
This clause 7.4 only applies if you are a consumer.
7.4 - If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
7.4.1 - we have refused to deliver the Products;
7.4.2 - delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3 - you told us before we accepted your order that delivery within the delivery deadline was essential.
7.5 - If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
8. International delivery
8.1 - We deliver worldwide, but if you order Products from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 - You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 - You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. Price of products and delivery charges
9.1 - Standard delivery to UK addresses is currently free of charge. The price of a Product does not include delivery charges for international deliveries.
9.2 - The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 - The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10. Our liability if you are a business
This clause 10 only applies if you are a business customer.
10.1 - We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
10.2 - Nothing in these Terms limits or excludes our liability for:
10.2.1 - death or personal injury caused by our negligence;
10.2.2 - fraud or fraudulent misrepresentation;
10.2.3 - breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
10.2.4 - defective products under the Consumer Protection Act 1987.
10.3 - Subject to clause 2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
10.3.1 - any loss of profits, sales, business, or revenue;
10.3.2 - loss or corruption of data, information or software;
10.3.3 - loss of business opportunity;
10.3.4 - loss of anticipated savings;
10.3.5 - loss of goodwill; or
10.3.6 - any indirect or consequential loss.
10.4 - Subject to clause 2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price you paid for the Products.
10.5 - Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11. Our liability if you are a consumer
This clause 11 only applies if you are a consumer.
11.1 - If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.
Clauses 15.9 to 15.11 only apply if you are a business customer
15.9 - You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
15.10 - A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.11 - We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Schedule 1 - CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Industville Ltd, 218D, 1 Swan Road, Westminster Industrial Estate, London, SE18 5TT
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.