ONLINE TERMS FOR THE SALE OF GOODS
1 ABOUT THESE TERMS
1.1 These terms and conditions (Terms) set out the terms on which you can purchase Real-time control, monitoring and measurement solutions (Goods) through our website (Website). You must accept these Terms for us to provide the Goods to you. By purchasing one or more of our Goods, you confirm that you accept these Terms and you become legally bound by them.
1.2 Please read these Terms carefully. These Terms tell you who we are and other important information. They describe how we sell our Goods, set out your rights and responsibilities and tell you what to do if there is a problem. These Terms also limit our liability.
1.3 We supply business customers only. By placing an order with us, you confirm that you are purchasing goods in the course of a business and not as a consumer.
1.4 If you are purchasing as a consumer, your statutory rights will not be affected.
1.5 By purchasing our Goods, you are agreeing to these Terms. If you do not agree to these Terms, you must not purchase our Goods.
1.6 Please note that we reserve the right to update, change or replace any part of these Terms at our sole discretion. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
1.7 We will collect some personal data about you in order to process your order (e.g. your name, email address, payment details and delivery information). For information regarding how we process personal data, please see our privacy policy at https://controltech.uk.com/pages/privacy-policy/.
1.8 These Terms apply to all purchases of Goods made via the Website.
2 WHO ARE WE?
2.1 We are CONTROL TECHNOLOGIES UK LTD, registered in England and Wales with company number 07901679 whose registered address is Unit A, Angel Business Centre, 1 Luton Road, Dunstable, LU5 6DE (we/us/our). Our VAT number is GB266046990.
2.2 We are an automation and embedded electronics retailer and in the business of selling a range of products for real-time control of automation and monitoring systems.
2.3 If you have any questions about these Terms, please contact our sales team.
3 PLACING AN ORDER
3.1 To purchase one or more of our Goods, you need to place an order on our Website.
3.2 Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 The order will only be accepted when we send you a written acceptance of the order by email, at which point a contract between you and us will be created that is subject to these Terms. We will then send you a shipping confirmation email to let you know once your order has been dispatched.
3.4 We reserve the right to accept or reject any order at our discretion. If we are unable to accept your order, we will notify you as soon as possible.
If you are a consumer:
3.5 By placing an order, you confirm that you are an individual who is:
3.5.1 at least 18 years old; and
3.5.2 a resident in the UK.
3.6 If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
4 DESCRIPTION OF OUR GOODS
4.1 Descriptions of the Goods are as set out on our Website.
4.2 Whilst we display the colours of the Goods, as accurately as possible, there may be minor variations between the images as they are displayed on the Website and the Goods you receive. In particular (but without limitation), we cannot guarantee that your computer's display of the colours will reflect the colour of the Goods.
4.3 When providing our Goods to you, we promise that:
4.3.1 we will provide our Goods to you in accordance with these Terms;
4.3.2 we will comply with all applicable laws;
4.3.3 our Goods will conform with the description set out in the order;
4.3.4 our Goods will be free from material defects;
4.3.5 our Goods will be of satisfactory quality.
4.4 All weights, sizes and measurements set out on our Website are as accurate as possible but there may be a small tolerance of up to 1%.
5 DELIVERY
5.1 We will deliver your selected Goods to you according to your chosen delivery method, as set out in our email confirmation to you. The cost of delivery will be as displayed to you on our Website when you place the order.
5.2 While we make every effort to deliver our Goods to you on your chosen delivery date or as soon as reasonably possible and in any event within 14 days - if out of stock of accepting your order, time of delivery is not guaranteed.
6 PRICE AND PAYMENT
6.1 The price for our Goods will be shown on the Website and as set out in your order (Price). The Price is inclusive of VAT.
6.2 Prices for our Goods may change at any time. This will not affect existing orders unless:
6.2.1 the information you provided us in relation to your order was materially different from the information we required in order to provide the Goods (for example, measurements, weights etc.); or
6.2.2 there has been an error on the Website regarding the pricing of any of our Goods and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order.
6.3 We will charge the Price to the credit or debit card that you have provided at the time we accept the order. All amounts due must be paid in full in advance.
6.4 We accept the following credit cards and debit cards: Mastercard, Visa and American Express. You can also pay by PayPal, Apple Pay and Google Pay. All credit card and debit card payments need to be authorised by the relevant card issuer.
6.5 We use a third-party payment provider Shopify to process payments on our Website.
7 RETURNS, REFUNDS AND CANCELLATIONS
7.1 Business Customers
The following terms apply to all orders placed with us.
If you wish to cancel or return an order, you must notify us within 3 days of delivery.
Once a return has been agreed, goods must be returned to us within 10 days.
To be eligible for a return:
- Goods must be unused and in a condition suitable for resale
- Goods must not be personalised or configured to order
- Goods must be returned in their original, undamaged packaging
You are responsible for the cost of returning goods to us unless the goods are faulty, damaged, or supplied incorrectly.
We are unable to accept returns for:
- Software licences once issued, downloaded, or activated
- Activated or used products
- Custom or special-order items
Returns requested outside of these timeframes or conditions may be refused at our discretion.
7.2 Consumer Rights
If you are purchasing as a consumer, your statutory rights will not be affected.
8 FAULTY OR INCORRECT GOODS
8.1 Business Customers
You must notify us in writing within 3 days of delivery if goods are faulty, damaged, or not as described.
We will, at our discretion:
- Replace the goods
- Repair the goods (where applicable)
- Or issue a refund (in full or in part)
Return shipping costs for faulty or incorrect items will be covered or reimbursed by us.
8.2 Consumer Rights
If you are purchasing as a consumer, your statutory rights in relation to faulty or misdescribed goods will not be affected.
9 YOUR OBLIGATIONS AND RESTRICTIONS
9.1 You agree that:
9.1.1 you will provide complete and accurate information when placing an order;
9.1.2 you are responsible for making sure that the information you provide us in order to enable us to provide the Goods is correct;
9.1.3 you will comply with these Terms, and any other documents referred to in it, when placing an order for Goods; and
9.1.4 in reading and accepting these Terms, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us on our Contact page for help or more information.
10 OUR RIGHT TO END THE CONTRACT
10.1 We may terminate any and all contracts we have with you at any time by contacting you in writing if:
10.1.1 you commit a serious breach of these Terms;
10.1.2 you do or take part in anything illegal when using our Website or purchasing our Goods; or
10.1.3 you fail to pay any amount due under a contract on the due date.
10.2 You may cancel or return goods in accordance with clause 7, or notify us of faulty or incorrect goods in accordance with clause 8.
10.3 Our right to terminate does not affect any of your rights.
11 OUR LIABILITY TO YOU
11.1 We are not liable to you for any losses you incur where the Goods are delayed or cannot be delivered because you fail to make information available to us or fail to provide us with adequate instructions or information to allow us to deliver the Goods.
11.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil the contract.
11.3 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
The following clauses in this clause 11 only apply to you if you are a consumer.
11.4 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
11.5 We are not liable to you for any losses you incur where the Goods are delayed or cannot be performed because you fail to make the delivery location available to us, or fail to prepare the location as required for us to provide the Goods, or fail to provide us with adequate instructions or information to allow us to perform the Goods (for example, failure to provide measurements).
The following clauses in this clause 11 only apply if you are a business customer.
11.6 Subject to the below, our liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the price for the Goods paid by you.
11.7 We will not be liable to you under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
11.7.1 consequential, indirect or special losses; or
11.7.2 any of the following (whether direct or indirect):
11.7.3 loss of profit;
11.7.4 loss or corruption of data;
11.7.5 loss or corruption of software or systems;
11.7.6 loss or damage to equipment;
11.7.7 loss of use;
11.7.8 loss of opportunity;
11.7.9 loss of savings, discount or rebate (whether actual or anticipated); or
11.7.10 harm to reputation or loss of goodwill.
11.8 Where we have failed to provide you with the Goods or some or all of the materials described on your order, we shall only be liable up to the limit of the price paid by you for the Goods.
12 OUR INTELLECTUAL PROPERTY RIGHTS
12.1 You agree that we and our licensors own all intellectual property rights in the Goods. These Terms do not grant you any rights to any intellectual property rights in the Goods.
12.2 You must not use our trade marks or our tradenames on your website or in any marketing materials without our express written consent.
13 FEEDBACK AND COMPLAINTS
13.1 We welcome any feedback about our Goods. We hope that you are satisfied with any purchase you make with us, and we are always keen to hear about ways to improve our Goods. If you have any comments, please let one of our sales assistants know.
13.2 If you do have any complaints, please submit them to info@controltech.uk.com and we will aim to deal with these swiftly.
14 GENERAL
14.1 You are not allowed to transfer your rights or obligations under these Terms to anyone without our prior written consent. We may transfer our rights and obligations under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
14.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.
14.3 If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
14.4 Under this contract, notices must be in writing and sent to the other party's address or email address, as set out in the order confirmation. Letters sent in the United Kingdom will be deemed delivered 3 business days (excluding English Bank Holidays), after sending. Emails will be deemed delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any business day at the recipient's location).
14.5 Our contract with you and these Terms represent the entire agreement between us and replace any terms and conditions of purchase or supply that you have been provided with previously.
14.6 Our contract with you and these Terms and any dispute or claim arising out of them will be governed by, and interpreted in accordance with, the laws of England and Wales and the parties agree that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims. If you are a consumer and live in either Northern Ireland or Scotland, you can choose to bring a claim in England and Wales or in the courts of another part of the United Kingdom in which you live.
