Stocksigns general terms and conditions
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. These terms are different from those on our web site, which is mainly concerned with direct sales of standard goods paid for at the time of order.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30th March 2016.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.stocksigns.co.uk. We are Stocksigns Limited, a company registered in England and Wales under company number 556969 and with our registered office at Ormside Way, Redhill, Surrey, RH1 2LG. Our main address is the same. Our VAT number is 917 8367 86
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, 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 attached. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on +44(0)1737 764764 or by post to Ormside Way, Redhill, Surrey, RH1 2LG. 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.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44 (0)1737 764764 or by e-mailing us at firstname.lastname@example.org.
(c) 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.
1.3 Contacting us if you are a business:
You may contact us by telephoning our customer service team at +44 (0)1737 764764 or by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
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 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 5% tolerance.
2.3 All products manufactured on site, including all health and safety signage, will have the Stocksigns Ltd logo and product code printed on the bottom left corner of the product. This enables easy re-ordering. We reserve all trade marks, please refer to point 2.5.
2.4 The packaging of the Products may vary from that shown on images on our site.
2.5 We reserve all trade mark rights, patent rights, copyrights, registered designs, unregistered design rights and all other intellectual property rights embodied in the Products and in any of our plans, quotations, drawings, samples or in any other technical documentation. These items shall neither be copied, reproduced nor made available to any third parties without our prior written authority. Where Products are supplied to your specifications you warrant that you have the right to licence us to make such Products and supply them.
2.6 To the extent that the Products are to be manufactured in accordance with a specification agreed in writing between us (Products Specification) and supplied by you, you shall indemnify we against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by we in connection with any claim made against we for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of the Products Specification. This clause 2.5 shall survive termination of the Contract.
2.7 We reserve the right to amend the Products Specification if required by any applicable statutory or regulatory requirements.
3. Supply of Services
3.1 We shall provide any services specified in writing between us (Services and Service Specification), to you, in accordance with the Service Specification in all material respects.
3.2 We shall use all reasonable endeavours to meet any performance dates for the Services specified in the terms of the order form (Order), but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
3.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
3.4 We warrant to you that the Services will be provided using reasonable care and skill but in doing so it shall not be responsible for express or implied advice as to the Health and Safety or other regulatory advice applicable to any report or recommendation made as to signage to you.
3.5 You shall:
(a) ensure that the terms of the Order and (if submitted by you) the Products Specification are complete and accurate;
(b) co-operate with we in all matters relating to the Services;
(c) provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as reasonably required by us to provide the Services;
(d) provide us with such information and materials as we may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
(e) prepare your premises for the supply of the Services;
(f) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
keep and maintain all our materials, equipment, documents and other property (Company Materials) at your premises in safe custody at its own risk, maintain Company Materials in good condition until returned to us, and not dispose of or use Company Materials other than in accordance with our written instructions or authorisation.
4. Data protection
4.1 We are registered under the Data Protection Act 1998.
4.2 We may consult or register information about you and the conduct your account with a licensed credit reference agency. We may also consult a licensed credit agency about any credit information that they hold on you, or your principal directors. We will keep a record of that search either on computer or on manual records.
As part of our marketing policy we may send to you from time to time details of its products and services. If you does not wish to receive these details then please contact Stocksigns Limited Ormside Way, Redhill, Surrey, RH1 2LG Tel: 01737 764764 or email firstname.lastname@example.org.
5. This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from us if you are at least 18 years old.
6. If you are a business customer
This clause 6 only applies 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 purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish 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 or our Marketing Materials.
6.4 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. Any samples, drawings, descriptive matter or advertising issued by us and any descriptions of the Products or illustrations or descriptions of the Services contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Products described in them. They shall not form part of the Contract or have any contractual force.
6.5 These Conditions apply to the Contract to the exclusion of any other terms that you seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
6.6 Any quotation given by we shall not constitute an offer, and is only valid for a period of 30 Business Days from its date of issue
7. How the contract is formed between you and us
7.1 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 2.
7.2 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or that services will be supplied (Dispatch Confirmation and Commencement Date). The Contract between us will only be formed when we send you the Dispatch Confirmation. The Order constitutes an offer by you to purchase Products and/or Services in accordance with these Conditions.
7.3 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 or because of an error in the price on our site as referred to in clause 13.5, 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 reasonably practicable.
7.4 Without limiting our other rights or remedies, we shall be entitled to cancel any Order forthwith without prejudice to our own rights accrued at the date of such termination and to recover damages in the event of any breach by you of your obligations hereunder or if you shall be adjudged bankrupt or has a receiving order against you, or being a company, have a petition for an administration order or winding up order presented against you, or if any administrator, administrative receiver or receiver is appointed of the whole or any part of your assets or undertaking or a winding-up order is made against you or you go into voluntary liquidation (other than for the purpose of reconstruction or amalgamation) or, (in either case) if you call a meeting or make arrangement or composition with creditors or allow execution or distress to be levied against your goods.
7.5 Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment.
7.6 Without limiting our other rights or remedies, we may suspend the supply of Services or all further deliveries of Products under the Contract or any other contract between us if you fail to pay any amount due under this Contract on the due date for payment, you becomes subject to any of the events listed in clause 7.5, or we reasonably believe that you are about to become subject to any of them.
7.7 On termination of the Contract for any reason:
(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) you shall return all of our Materials and any Deliverables which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
(c) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(d) clauses in these Conditions which expressly or by implication have effect after termination shall continue in full force and effect.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) the requirements of our business.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) Products to be made to your specifications or which are clearly personalised for you; or
(b) any Products which become mixed inseparably with other items after their delivery.
9.3 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 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.4 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 attached. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the back of these Terms as a schedule.
You can also e-mail us at email@example.com or contact our Customer Services team by telephone on +44(0)1737 764764 or by post to 43 Ormside Way, Redhill, Surrey, RH1 2LG. If you are e-mailing 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. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.5 If you cancel your Contract we will:
(a) 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. A restocking charge maybe charged. 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.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us under this clause 9 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 item to us.
9.7 We will refund you on the credit card, paypal, debit card or on account, used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in-store or hand it to our authorised carrier for delivery to at 43 Ormside Way, Redhill, Surrey, RH1 2LG;
(b) unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery;
9.9 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 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1 We will contact you with an estimated delivery date, which will be as stated in the Order or within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
10.2 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.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.
10.5 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:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances);
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause
10.5, 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.
10.7 If you do choose to cancel your Order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
The following sub-clauses apply if you purchase as a business
10.8 Failure to deliver on the date stated will not be sufficient cause for cancellation and we will not be liable for any losses, costs, damages or expenses consequential or otherwise suffered by you by reason of late delivery.
10.9 Where delivery is made in instalments, delay in delivering one or more instalments shall not entitle you to refuse to accept any remaining instalments.
10.10 You shall not refuse to accept delivery of any consignment or instalment on account of any shortage or defect in any other delivery.
10.11 If you fail to take delivery of the Products or fail to give we adequate instructions as to delivery then we may either store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage or sell the Products at the best price readily obtainable (after deducting all reasonable storage and selling expenses) and charge you for any shortfall.
10.12 We shall deliver the Products to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after we notify you that the Products are ready.
11. International delivery
11.1 We deliver to the countries listed in clause 12 (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
11.2 If you order Products from our site for delivery to one of the International Delivery Destinations, 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.
11.3 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.
11.4 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.
11.5 Unless otherwise agreed in writing between us, the Products shall be delivered fob Incoterms (current edition) the air or sea port of shipment and we shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
12. international delivery
We deliver to the following places outside the UK, but please contact us on 01737 764764 for prices.
13. Price of products and delivery charges
13.1 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 advertised. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
13.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13.3 The price of a Product 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 for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13.5 We sell a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid
14. How to pay, and title transfer and risk
14.1 You can pay for Products using a debit card or credit card. We accept the following cards: Maestro, Mastercard and Visa. Details about other methods of payment are provided in our Marketing Literature (meaning our catalogues websites, printed material, written quotations, or any other media issued by us for sales). All payments must be made without deduction of any kind.
14.2 We may, at our absolute discretion, open a credit account with you. However, we reserve the right to refuse to do so and to ask for all Products to be paid for in advance.
14.3 Purchasers of Products on a credit account will be subject to a credit check by us.
14.4 Unless otherwise agreed in writing, all payments shall be made in full not later than 30 (thirty) days from the date of invoice.
14.5 If you fail to make payment on the due date then we shall be entitled without prejudice to any of our rights under these conditions to charge interest on the then outstanding amount at the rate of 1.5% (one and a half per centum) per month or part of a month until the date of actual payment after as well as before any judgement.
14.6 You will pay all costs and expenses, including without limitation, legal and other debt collection expenses incurred by us in recovering and attempting to recover all or any amounts due to us from you.
14.7 If circumstances become known to us which cause it to believe that you may default in on our credit account then we shall be entitled:
(a) to suspend delivery of Products to you until we has been provided with adequate security. Should you fail to meet a written demand for security within a reasonable period, we will be entitled to rescind outstanding Orders and you shall have no entitlement to claim damages. Any periods for the delivery of Products shall be extended accordingly;
(b) to make deliveries against pro-forma invoice or cash on delivery;
(c) if delivery has been made and notwithstanding paragraph 14.2, to demand immediate payment of invoices outstanding (but not due) at that time.
14.8 In respect of Products or Services, we shall invoice you on or at any time after completion of delivery. You shall pay each invoice submitted by us in full and in cleared funds to a bank account nominated in writing by us, and time for payment shall be of the essence of the Contract.
14.9 All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by we to you, you shall, on receipt of a valid VAT invoice from we, pay to we such additional amounts in respect of VAT as are chargeable on the supply of the Services or Products at the same time as payment is due for the supply of the Services or Products.
14.10 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by us to you.
14.11 The risk in the Products shall pass to you on completion of delivery.
14.12 Title to the Products shall not pass to you until the earlier of the time when:
(a) we receive payment in full (in cash or cleared funds) for the Products and any other goods that we have supplied to you in which case title to the Products shall pass at the time of payment of all such sums; and
(b) you resell the Products, in which case title to the Products shall pass to you at the time specified in clause 14.14.
14.13 Until title to the Products has passed to you, you shall:
(a) store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(c) maintain the Products in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
(d) notify us immediately if you become subject to any of the events listed in clause 7.5 ; and
(e) give us such information relating to the Products as we may require from time to time.
14.14 Subject to clause 14.15, you may resell or use the Products in the ordinary course of business (but not otherwise) before we receive payment for the Products. However, if you resell the Products before that time:
(a) you do so as principal and not as our agent; and
(b) title to the Products shall pass from us to you immediately before the time at which resale by you occurs.
14.15 If before title to the Products passes to you, you become subject to any of the events listed in clause 7.5 then, without limiting any other right or remedy we may have:
(a) your right to resell Products or use them in the ordinary course of business ceases immediately; and
(b) we may at any time:
(i) require you to deliver up all Products in your possession which have not been resold, or irrevocably incorporated into another product; and
14.16 if you fail to do so promptly, enter any premises of yours or of any third party where the Products are stored in order to recover them.
15. Manufacturer guarantees
15.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
15.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your 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.
16. Our warranty for the Products
16.1 For Products which do not have a manufacturer’s guarantee, 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 16.2.
16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from:
(a) use, fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
16.3 If you are a consumer, this warranty is in addition to, and does not affect, your 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.
17. Our liability if you are a business
This clause 17 only applies if you are a business customer.
17.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987.
17.2 Subject to clause 17.1, 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:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.3 Subject to clause 17.1, 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 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. Our liability if you are a consumer
This clause 18 only applies if you are a consumer.
18.1 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 negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
18.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
19. Events outside our control
19.1 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 19.2.
19.2 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.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
19.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
20. Communications between us
20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2 If you are a consumer you may contact us as described in clause 1.2.
20.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. Other important terms
21.1 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. We will always notify you in writing or by posting on this webpage if this happens.
21.2 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 you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without needing to ask our consent.
21.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.
21.4 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.
21.5 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.
21.6 If you are a consumer, 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 non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.7 If you are a business, 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.
21.8 If you are a business, we both irrevocably 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).
21.9 Each of us (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause shall survive termination of the Contract.
21.10 If you and we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found here. Our email address is firstname.lastname@example.org.
Schedule 1: Stocksigns Limited Contract Order Form
Order for Goods and/or Services to be supplied by
Stocksigns Limited (Company number 556969)
Customer Full Name:
Date of Order:
Description of Services:
Description of Goods:
Date for delivery:
30 days from date of invoice
This Order Form is governed by the terms of an agreement between Stocksigns Limited and the above named Customer, attached. No other terms shall apply, notwithstanding any terms of the Customer appended to this Order Form.
The Customer’s attention has been drawn to the exclusions restrictions and limitations of liability of the Supplier in the agreement attached, including but not limited to clauses 6, 14, and 16-19.
We have read and agree to the attached terms of contract and order:
We have read and agree to the attached terms of contract and order:
(a duly authorised director for the Customer)
Name of Director:
(a duly authorised director for Stocksigns Limited)
Scheduled Contract Terms Attached
SCHEDULE 2: CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Stocksigns Limited, Ormside Way, Redhill, Surrey, RH1 2LG, +44 (0)1737 764764, email email@example.com.
I/We * hereby give notice that I/We purchased as a consumer and that I/We * cancel my/our * contract of purchase of the following goods */for the supply of the following product(s) / services *,
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