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Website Terms & Conditions of Sale

 

This page (together with the documents expressly referred to on it) gives you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

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 anything from our site. Please note that by placing an order, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to place an order, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

WARNING:
THE PRODUCTS PROVIDED ARE INTENDED TO BE USED AS SAFETY AIDS ALONGSIDE THE APPROPRIATE SAFETY PRECAUTIONS. THEY ARE NOT INDENDED TO REPLACE OR REDUCE THE NEED FOR ADEQUATE SAFETY MEASURES IN YOUR HOME.

1. Information About Us

1.1 We operate the website www.pro-tectalarms.co.uk We are Secura Management Limited, a company registered in England and Wales under company number 05117142 and with our registered office at Secura House, Victoria Road, Bradford, BD2 2DD. Our VAT number is 845444122.

1.2 To contact us, please see our Contact Us page.

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 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

2.3 The packaging of the Products may vary from that shown on images on our site.

2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order in such a case.

2.5 You acknowledge that the use of broadband in your premises may have an impact on the effectiveness of the Products.

3. Use of Our Site

3.1 Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4. How We Use Your Personal Information

4.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

5. If You are a Consumer

5.1 You may only purchase Products and Services from our site if you are at least 18 years old.

5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6. If You are a Business

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

7. How the Contract is Formed Between You and Us

7.1 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.

7.2 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 7.3.

7.3 We will confirm our acceptance of your order 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.

7.4 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 of an error in the price on our site as referred to in clause 12.1, 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 within 14 days of us notifying you accordingly.

8. Our Right to Vary These Terms

8.1 We may revise these Terms from time to time.

8.2 Every time you order Products and/or Services from us, the Terms in force at that time will apply to the Contract between you and us.

9. You are a Consumer and you want to end your Contract with us

9.1 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it or when you decide to end the Contract:

9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract or to get the Product repaired or replaced or to get some or all of your money back. For this, please see clause 14.2.

9.1.2 If you have changed your mind about the Products you may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and you will have to pay the costs of returning the Products. For this, please see clause 9.2.

9.2 In relation to the Products bought online from our site you have a legal right to change your mind and receive a refund. You have 14 days from the day after you (or someone you nominate) receive the Products, unless:

9.2.1 your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the Products.

9.2.2 your Products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the Products.

9.3 If you want to end your Contract with us (including if you have changed your mind), please let us know by doing one of the following:

9.3.1 Call customer services on 08445678460 or email us at customerservices@pro-tectalarms.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.3.2 Complete the Cancellation Form on our website.

9.3.3 Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.

9.4 If you end the Contract for any reason after the Products have been dispatched to you or you have received them, you must post them back to us at Secura House, Victoria Road, Bradford, BD2 2DD. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.

9.5 We will pay the costs of return:

9.5.1 if the Products are faulty or misdescribed; or

9.5.2 if you are ending the Contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

9.5.3 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.6 We will refund you the price you paid for the Products including any delivery costs, by the method you used for payment. However, we may make deductions from the price if you are exercising your right to change your mind:

9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction if the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop.

9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.7 If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, from the day on which you provide us with evidence that you have sent the Product back to us. In all other cases, your refund will be made within 14 days of your telling us that you have changed your mind.

10. Delivery

10.1 We will contact you with an estimated delivery date which will be within 30 days after the day on which we accept your order, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you as soon as possible to let you know and will give you a revised estimated delivery date. Provided we do this, we will not be liable for delays caused by Events Outside Our Control but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received. Please see clause 18.2 below for a definition of Events Outside Our Control.

10.2 Delivery will be completed when we deliver the Products to the address you gave us.

10.3 Unless you have given us instructions of where to leave the Products if you are out in the order form, if no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

10.4 If after a failed delivery you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and clause 15 will apply.

10.5 The Products will be your responsibility from the time the Products have been delivered to the address you gave us or you or a carrier organised by you collects them from us.

10.6 You own the Products once we have received payment in full, including all applicable delivery charges.

11. No International Delivery

11.1 Unfortunately, we do not deliver to addresses outside the UK. You must not place an order for Products if you do not live in the UK.

12. Price of Products and Delivery Charges

12.1 The prices of the Products will be the price indicated on the order pages of our site when you place your order. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.

12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

12.3 The price includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.

12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

12.5.1 where the correct price is less than the price stated on our site, we will charge the lower amount. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

12.5.2 if the correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

13. How to Pay

13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Maestro, Delta, Visa, Mastercard, JCB, Diners Club, Discover.

13.2 You must pay for the Products and all applicable delivery charges before we dispatch them.

14. If there is a problem with the Products

14.1 If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 08445678460 or write to us at customerservices@pro-tectalarms.co.uk or at Secura House, Victoria Road, Bradford, BD2 2DD.

14.2 If you are a Consumer

14.2.1 If you are a consumer, the following is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.

14.2.2 We are under a legal duty to supply Products that are in conformity with the Contract. The Products you have ordered must be as described, fit for purpose and of satisfactory quality. If they are not during the expected life of your Products, your legal rights include the following:

14.2.2.1 up to 30 days after the Products have been delivered, if your Product is faulty you can reject the Product and get a full refund.

14.2.2.2 up to six months after the Products have been delivered, if your faulty Product cannot be repaired or replaced, then you may still be entitled to a full refund.

14.2.3 If you wish to exercise your legal rights to reject a faulty Product you must return the item to us by post or allow us to collect it from you. We will pay the costs of postage or collection. Please call customer services on 08445678460 or email us at customerservices@pro-tectalarms.co.uk for a return label or to arrange collection.

14.3 If you are a Business

14.3.1 If you are a business, unless you have ordered the additional warranty protection, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.3.2.

14.3.2 The warranty in clause 14.3.1 does not apply to any defect in the Products arising from:

14.3.2.1 fair wear and tear;

14.3.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

14.3.2.3 if you fail to operate or use the Products in accordance with the user instructions;

14.3.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or

14.3.2.5 any specification provided by you.

14.3.3 Subject to clause 14.3.2, if you let us know during the warranty period that some or all of the Products do not comply with the warranty set out in clause 14.3.1 and, if we ask you to do so, you return such Products to us at out place of business at your cost, we will at our option repair or replace the defective Products or refund the price of the defective Products in full.

14.3.4 Except as provided in this clause 14.3, we have no liability to you in respect of a failure of the Products to comply with the warranty set out in clause 14.3.1.

14.3.5 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.

14.3.6 These Terms apply to any repaired or replacement Products supplied by us.

15. Our rights to end the Contract

15.1 We may end the Contract for a Product at any time by writing to you if:

15.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or

15.1.2 you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.

15.2 If we end the contract in the situations set out in clause 15.1, we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of you breaking the Contract.

15.3 We may write to you to let you know that we are going to stop providing the Product and will refund any sums you have paid in advance for Products which will not be provided.

16. Our Liability if You are a Consumer

16.1 If we fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if both we and you knew that they might happen at the time we entered into the Contract.

17. Our Liability if You are a Business

17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

17.2 Nothing in these Terms limit or exclude our liability for:

  • (17.2.1) death or personal injury caused by our negligence;
  • (17.2.2) fraud or fraudulent misrepresentation;
  • (17.2.3) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • (17.2.4) defective products under the Consumer Protection Act 1987.

17.3 Subject to clause 17.2,

17.3.1 we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss arising under or in connection with the Contract; and

17.3.2 our total liability to you in respect of all other 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 110% of the price of the Products.

17.4 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.

18. Events Outside Our Control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

18.3.1 we will contact you as soon as reasonably possible to notify you; and

18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

19. Other Important Terms

19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2 If you are a business, you may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and have purchased a Product as a gift, you do not need to ask our consent.

19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer and buy the Products as a gift, the recipient of your gift will have the benefit of the Contract but we will not need their consent to make any changes to these Terms.

19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a consumer living in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer living in Scotland, you may also bring proceedings in Scotland.

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