These conditions do not affect your
statutory rights under English Law.
THE FOLLOWING TERMS AND
CONDITIONS RELATE TO ORDERS PLACED BY PHONE, FAX, POST,
EMAIL OR ONLINE ORDERS
PLACING AN ORDER WITH
US CONFIRMS YOUR ACCEPTANCE OF THESE CONDITIONS
1. General
All orders should be
directed to:-
Fingerkeeper
Unit 8 The I O Centre
Stephenson Road
Segensworth
Fareham
Hampshire
PO15 5RU
Phone: 01329
841 416 Fax:
01329 841 417
2. Orders
2.1 Telephone orders
All such orders will
be construed and carried out in accordance with verbal instructions
but no liability can be accepted for any inconsistency between
these and any written confirmation we may subsequently receive
from the Buyer.
2.2 Fax, Post, email
and online orders
All such orders will
be construed and carried out in accordance with written
instructions but no liability can be accepted for any inconsistency
between these and the delivered goods, however we operate
an active customer service policy and will endeavour to
resolve any failures on our part to the best of our ability
3. Construction of Contract
3.1 These conditions
apply to all orders and contracts relating to the supply
of our products and override any conditions stipulated by
the Buyer unless otherwise agreed by us in writing.
3.2 There shall be deemed
to be a separate contract in relation to each delivery of
products supplied by us to the Buyer
3.3 Unless otherwise
agreed in writing by the parties, these conditions shall
constitute the entire agreement between us and the Buyer
in connection with the supply of products and no representations,
warranties, undertakings (express or implied) made by us
or on our behalf or by statute shall give rise to any liability
on our part unless we are precluded by statute from avoiding
liability for any such representation, warranty or undertaking.
3.4 Every price for products
quoted by us is based upon these conditions and reflects
the limitations upon our liability referred to in these
conditions.
3.5 Any contract made
between us and the Buyer cannot be varied or cancelled otherwise
than on terms expressly agreed by us and the Buyer.
4. Prices
4.1 We reserve the right
to revise prices at anytime without prior notice.
4.2 Unless otherwise
agreed by us writing, any price quoted by us is exclusive
of delivery and packing charges and Value Added Tax
5. Terms
of Payment
5.1 ALL
ORDERS MUST BE PAID FOR IN ADVANCE OF DESPATCH UNLESS OTHERWISE
AGREED IN WRITING
5.2 Value Added Tax will
be charged extra at the appropriate rate
5.3 Interest at the rate
of 15 percent per annum or three per cent per annum above
the Base Lending Rate for the time being of National Westminster
Bank Plc, whichever is the greater, will be charged on all
overdue accounts.
5.4 The Buyer must not
withhold payment of any amount due to us pursuant to these
conditions for any reason whatsoever which it is alleged
may excuse the Buyer from performing its obligations under
these conditions.
5.5 We reserve the right
to add a surcharge to any or all invoices where the Buyer
is persistent in payments being made outside the stated
terms as shown on our invoice, this surcharge will be deductible
subject to payment being received within the time scale
as shown on the invoice.
6. Cancellation
Orders or contracts may
not be cancelled except with our consent in writing and
subject to terms which will indemnify us against loss.
7. Carriage and Packing
7.1 Carriage and Packing
is charged at our discretion by reference to freight rates
in force from time to time,
7.2 We reserve the right
to revise carnage paid rates at anytime without prior notice.
8. Specification
8.1We are constantly
seeking to improve our products and reserve the right to
alter the design or specification of any of our products
at any time without notice or liability.
8.2 Specification and
use of the goods is at the discretion of the customer who
should satisfy themselves of the suitability of the product
for their use
9. Claims
Claims in respect of
delivery of the wrong products or in respect of short delivery
must be notified to us in writing within three days of receipt
of the products and in any case before they are fixed, fitted
or in any other way used
10.
Delivery
10.1 All dates quoted
for despatch are estimates only and are not guaranteed.
10.2 We will endeavour
to meet these dates but shall have no liability for any
delay in despatch or delivery or any damage or loss occasioned
thereby.
10.3 We may deliver products
pursuant to any order by instalments.
10.4 If we are unable
to deliver the goods for any reason you will be contacted
and you will not be obliged to pay for the goods which have
not been delivered, however we shall not be liable for any
loss of income or profit which may have been caused by the
delay or non delivery of goods
11. Loss or Damage in
Transit
11.1 The products shall
be at the Buyer's risk during transit unless expressly agreed
by us.
11.2 If we expressly
accept responsibility for products in transit, we shall
not be liable for any damage or loss in transit or shortage
in delivery unless a separate notice in writing is given
to both the carrier and to ourselves
11.3 in the case of damage
within five days of receipt of the products and a complete
claim in writing .
11.4 in the event of
loss of products within 7 days of your date of order
12. Returned Goods
RETURNING GOODS:
Before
any products are returned our consent in writing must be
obtained
All refunds will be made
in the same form of payment that you used.
ORIGINAL TERMS OF SUPPLY
We will treat each order
from you, in whichever format, as an offer to purchase based
on our full terms and conditions.
STOCK ITEMS:
Stock Goods other than
faulty stock goods may not be returned once they have been
delivered unless we agree in writing that there is good
reason to take the goods back into stock. If we do agree
to the return of goods such products must be delivered all
charges paid to us at our UK warehouse address.
Such products must be
received by us in good condition suitable for re-sale before
any questions of credit or replacement can be considered
We reserve the right
to charge a re-stocking charge to cover courier and administrative
costs. We will inform you of this restocking charge before
you despatch the goods back
On standard stock items
you have 30 days from date of despatch to inform us of any
problems, outside of this we have a zero returns policy.
NON STOCK ITEMS:
Special order or made
to size goods are non returnable.
DAMAGED GOODS:
If goods arrive in a
damaged condition you must inform us in writing within 5
days. This may be done by fax, post or email, we will send
you a confirmation of your notification.
We will arrange to collect
the goods and we will either replace the goods at no extra
charge, or refund in full all money paid by you for the
goods.
If the goods returned
are found not to be damaged and to be in full working order
they will be re-despatched to you and an additional charge
of 25% of the full invoice value will be invoiced to you
to cover courier and administration costs.
NON DELIVERY:
Incomplete deliveries/non
deliveries
If goods are undelivered
or arrive incomplete you must inform us in writing within
5 days and before they are fixed, fitted or used in any
way.
Inform us of delivery
problems by fax, post or email, we will send you a confirmation
of your notification. We will arrange to despatch the missing
goods, or collect the goods that have been delivered to
you, and refund in full all money paid by you for the goods.
13. Guarantee
13.1 If a customer brings
to our notice any fault in the quality of our products at
any time within one month of purchase and we are satisfied
that the products were not of merchantable quality or were
unfit for the purpose for which they were supplied by us
we shall replace such faulty products free of charge.
13.2 Except for liability
for death or personal injury arising as a consequence of
our negligence, we shall not be liable in any circumstances
for any loss or damage consequential or otherwise howsoever
caused and our liability hereunder is limited to the replacement
of any faulty products as above.
13.3 In determining whether
we have supplied defective products under this agreement
the quality of such products shall be judged by reference
to the applicable British Standards or (if appropriate)
other similar guidelines.
14. Use of Products
14.1 Products are supplied
by us on the understanding that they will be used in the
United Kingdom.
14.2 Notwithstanding
any other provision contained herein, we shall not be liable
for any loss or expense suffered by the Buyer or any other
person if any product supplied by us to the Buyer is used
outside the United Kingdom without prior written approval.
14.3 The Buyer shall
indemnify us in respect of all damage, costs, charges, expenses
and other liabilities which we may incur in connection with
any products supplied by us to the Buyer which are subsequently
transported and/or used outside the United Kingdom without
our express approval.
14.4 Specification and
use of the goods is at the discretion of the customer who
should satisfy themselves of the suitability of the product
for their use
15. Termination
Without prejudice to
any other rights which we may have we shall be entitled
to terminate any contract forthwith and demand immediate
payment of any amount due or accruing to us thereunder if
the Buyer
15.1 commits any breach
thereof; or
15.2 commits any breach
of any of these terms and conditions; or
15.3 becomes insolvent
or enters into a composition with or for the benefit of
the Buyer's creditors or (being a body corporate) has a
Receiver or Administrator appointed over its undertakings
or assets or goes into liquidation).
16. Risk and Title to
Goods
16.1 We retain ownership
of the products and shall be entitled to dispose of them
until we have received unconditional payment in full for
all the products subject to this contract and the full price
of any other products supplied by us to the Buyer.
16.2 If payment is overdue
in whole or in part we may (in addition to our other rights)
recover or resell the products and for that purpose we and
persons authorised by us are irrevocably licensed to enter
the Buyer's premises or any other premises where we believe
the products to be.
16.3 Payment shall become
due immediately upon the commencement of any act or proceeding
in which (in our opinion) the Buyer's solvency is involved,
or upon the occurrence of any event which (in our opinion)
places in jeopardy our title to the products.
16.4 The Buyer is licensed
by us to sell the products. The Buyer shall hold the proceeds
of sale as trustee for us and (if we so require by written
notice to the Buyer) shall procure that those of such proceeds
as are received after service of that notice are not mingled
with their money or paid into an overdrawn bank account
and that they shall be identified as our money.
16.5 The Buyer is licensed
by us to cause our products to be incorporated in or used
as material for other products. Those other products shall
be held by the Buyer as trustee for us upon trust to sell
them and to account to us for a sum out of the proceeds
of sell equal to either.
16.5.1 all sums due to
us in respect of products supplied by us to the Buyer; or
16.5.2 the proportion
of those proceeds represented by the purchase price of the
products supplied by us incorporated herein in proportion
to the total purchase
price of all products
incorporated therein whichever is less
16.6 For the purposes
of this clause products still in the Buyer's possession
shall be deemed to be those delivered most recently by us
unless the contrary is proved.
16.7 We may by notice
to the Buyer cause ownership in all or any part of the products
specified in the notice to pass to the Buyer.
16.8 Notwithstanding
the foregoing, risk in the goods passes to the Buyer in
accordance with Clause 11.1 or upon receipt of the goods
by the Buyer or their nominated agent, whichsoever is the
soonest.
17. Indemnity
Where any products supplied
by us pursuant to these conditions are produced to the Buyer's
designs, plans or specifications the Buyer shall indemnify
us and keep us indemnified against all actions, claims,
costs, damages or losses incurred by us for the infringement
or alleged infringement of any patent, registered design,
trademark, copyright or similar protection in respect of
the products to produced and/or as a consequence of such
designs, plans or specifications proving to be defective
in any way or leading to the manufacture of a defective
product.
18. Fixing and Application
Fixing and application
of our products is the responsibility of the Buyer and is
not the responsibility of ourselves.
19.Disclaimer for Web
content for our sites
Fingerkeeper (or other
companies in the group) thereafter known as the "seller"
provide various web sites including this one on an "as is"
basis and make no warranties or representations of any kind
with respect to any of the contents of our web sites and
disclaims all such warranties and representations.
In addition, the seller
makes no warranties or representations with regard to the
accuracy, completeness, or suitability of any product or
data contained within the site. The data contained in this
site may contain inaccuracies or errors.
All liability of the
seller howsoever arising from any such inaccuracies or errors
is expressly excluded to the fullest extent permitted by
law.
The seller nor anyone
involved in the creation or maintaining of this site will
be liable for costs or damages in connection with the usage
of this site. By using this site you except that we are
not liable without limitation for any claim direct or indirect,
damages, viruses, data loss, profit or income loss.
All text, graphics, trademarks,
logos and design layout of the site are the copyright of
the seller or acknowledged respective owners. Any use of
the text, graphics, trademarks, logos or design layout of
the site without prior written consent is strictly prohibited.
Failure to comply with these terms may cause an infringement
of the owners rights.
The seller reserves the
right to alter or amend any data or graphics without prior
notice.
20.Privacy and Security
Policy
WE ARE COMMITTED TO PROTECTING
YOUR PRIVACY AND SECURITY. WE WILL ONLY USE THE INFORMATION
THAT WE COLLECT ABOUT YOU LAWFULLY(IN ACCORDANCE WITH THE
DATA PROTECTION ACT 1998) AND ACCORDING TO THE WHICH? WEB
TRADER CODE OF PRACTICE.
We
do not sell or provide information about you to third parties
for marketing or any other purposes.
When you place an order
on one of the groups web sites, or use any online form on
our web sites we need to know your name and other information
such as your postal address, e-mail address, telephone number,
fax number we will never collect sensitive information about
you without your explicit consent.
We gather this information
to allow us to process your order or request. The relevant
information is then used by us, to provide you with the
product or service that you requested and to generally communicate
with you on any matter relating to the provision of the
service in general.
By submitting this information
you consent to use of the information in accordance with
this Privacy and Security Policy as amended from time to
time.
We will not send unsolicited
commercial email or email you with targeted email for sales,
marketing or product information purposes in future unless
you have given us your consent.
To unsubscribe please
use a method we have provided on our web site or in the
email itself or send an email to noemail@fingerkeeper.co.uk.
We will not mailshot
by post or fax unless you have given your consent. To unsubscribe
please send an email to nopost@fingerkeeper.co.uk. If at
anytime you wish to be removed from our contacts database
please send an email to remove@fingerkeeper.co.uk.
To make a complaint please
email us at complaint@fingerkeeper.co.uk
You may of course remove
yourself from any of the above by informing us in writing.
The information we hold
will be accurate and up to date. You can check the information
that we hold about you by emailing checkdetails@fingerkeeper.co.uk
or writing to us. If any of your details change you can
inform us by emailing us at changedetails@fingerkeeper.co.uk
If you find any inaccuracies
we will delete or correct it promptly.
The personal information
which we hold will be held securely in accordance with our
internal security policy based on the law and the Which?
Web trader code.
At present we do not
use cookies but we may in future use technology to track
the patterns of behaviour of visitors to our sites. This
can include a cookie which would be stored on your browser.
You can modify your browser to prevent this happening.
In the event of the company
or group being sold We will require the purchaser to follow
the practices disclosed in this Privacy Policy or to give
you at least three months notice of any proposed changes.
Online credit card sales
are cleared through a fully secured server direct to worldpay.com.
As we use a secure clearing facility we do not see or hold
your credit details in any way on the Internet.
If you order over the
phone or by email we will store your details in our office
in a secure manner as recommended by the credit clearing
house.
For further information
on online credit card order processing please refer to www.worldpay.com
security policy.
We will ensure that the
web site is secure so that you may feel confident that your
personal information or transactions will not be interfered
with
If we change our Privacy
and Security Policy we will make the changes on this page.
If we make any changes that may significantly affect the
way we deal with your information, we will also e-mail you
to notify you of the proposed changes so that you may have
your details removed from our records if you do not agree
with the changes.
21. Application Law
All rights and obligations
arising in connection with the supply of our products shall
be governed by the laws of England and the Buyer submits
to the non-exclusive jurisdiction of the Courts of England
Your statutory rights
are not affected
Email sales@fingerkeeper.co.uk
