Terms of sale
Version number: 1 December 2021
1 ABOUT US AND THESE TERMS
1.1 These are the terms that apply when you (“you”, “your”) order any goods or products (“Products”) from www.resintekservices.co.uk (“Website”). The version of the terms shown to you before you place your order will apply to any purchases you make on the Website. Please read these terms carefully before you place your order with us.
1.2 The Website is owned and operated by Resintek Services Limited (Company Number 02843713, VAT Number: 620746553) whose registered office is at Unit 11 Finway Court, Whippendell Road, Watford WD18 7EN (“we”, “us” or “our”).
1.3 These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.
1.4 In some areas you will have different rights under these terms depending on whether you are a business or consumer. All other terms will generally apply equally to consumers and businesses.
You are a consumer if:
You are an individual; and you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
You are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement
1.5 Please note that we can only accept orders for delivery to a location within the UK mainland.
1.6 If you need any further information on these terms or any orders you have placed with us, please write to us at Resintek Services Ltd, Unit 11 Finway Court, Whippendell Road, Watford WD18 7EN or email [email protected]
2 ORDERING PRODUCTS ON THE WEBSITE
2.1 The following steps are required to purchase the Products on the website:
2.1.1 You place an order on the website by selecting the Products, the quantity required and placing the required Products in the shopping basket.
2.1.2 When your order is placed with us at the end of the online checkout process and your payment has been approved, a legally binding contract for your purchase of the Products on the website under these terms is entered into between you and us. At this point we will email you to acknowledge that we have received your order and you will receive an order confirmation.
2.1.3 If we are unable to supply you with a Product, for example because that Product is not in stock or is no longer available or because of an error in the price on the Website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
2.2 We may need certain information from you so that we can supply the Products to you (e.g. which product option you wish to select). If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information if you have not yet provided it. If You do not give Us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, We may either end the contract (and Clause 7 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3 OUR PRODUCTS
3.1. If you are a consumer then by law we have to supply our Products in line with this contract. We do our best to be as accurate as possible in our descriptions of our Products on the Website, but Products may vary slightly from their picture and the images of the Products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of colours accurately reflects the colour of the Products or their packaging so it is possible there may be slight differences when you receive the Products you ordered. If you are 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. Please submit a customer care query to [email protected] if you have any issues with the Products you receive.
3.2 If we sell any Products on the Website at discount prices and/or as ‘End of Line’ then those Products may not be in perfect condition and are sold in the condition that they are described on the Website.
3.3 We may change the product:
3.3.1 To reflect changes in relevant laws and regulatory requirements; and/ or
3.3.2 To implement minor technical adjustments and improvements. These changes will not materially affect your use of the Product or its intended use or function, and if it does we will notify you when the order comes to be fulfilled.
3.4 We may have to suspend the supply of a Product to make changes to the Product as set out in Clause 3.3.above. If we suspend the supply of Products, We will contact you where possible.
4 DELIVERY OF OUR PRODUCTS
4.1 The cost of delivery will be as displayed to you on Our Site at the time of ordering and we make one delivery charge per order (regardless of the number of Products which you purchase from us and the number of parcels we send to complete our order). Our delivery charge is charged on the first delivery we send.
4.2 We will deliver your Products to you as soon as reasonably possible. Our standard delivery service depends on what you have ordered but the estimated delivery timescales will be displayed to you on our site at the time of ordering. Our estimated delivery timescales are not guaranteed and are only an estimate. Where an estimated delivery timescales changes and we become aware of this, we still use reasonable endeavours to inform you of such a change. If you would like any additional information on a timescale for a delivery either pre- or post- order, please contact us at [email protected] or telephone 01923 601866.
4.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, 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.
4.4 For the Products that we deliver to the address given by you, the Products in transit are covered by our standard transport insurance arrangements with the delivery company. We use a number of contract courier services to deliver our Products based on the size and weight of your Products.
4.5 If no one is available at your address to take delivery and the Products cannot be delivered, the courier delivering your Products will inform you of how to rearrange delivery or collect the Products from a local depot, as appropriate.
4.6 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 or collection we may end the contract and Clause 7 will apply.
4.7 Products will be your responsibility from the time we deliver the Product to the address you gave us. You own a Product once we have received payment in full.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or a business customer.
5.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product replaced or to get some or all of your money back), see Clause 8 if you are a consumer and Clause 9 if you are a business.
5.1.2 If you want to end the contract because of something we have done or have told You We are going to do, see Clause 5.2.
5.1.3 If you are a consumer and have just changed your mind about the Product, see Clause 5.3. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any Products.
5.2 If you are ending a contract for a reason set out at 5.2.1 to 5.2.4 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
5.2.1 We have told you about an upcoming change to the Product (under Clause 3.3 above) or these terms which you do not agree to;
5.2.2 We have told you about an error in the price or description of the Product You have ordered and you do not wish to proceed;
5.2.3 There is a risk that supply of the Products may be significantly delayed because of events outside our control; or
5.2.4 You have a legal right to end the contract because of something we have done wrong.
5.3 If you are a consumer then for most products bought online you have a legal right to change your mind within the 14 day cooling-off period and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
5.4 Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 5.1), you can still end the contract before it is completed, but you may have to pay us compensation. Our contract will be completed when we deliver the Products to you. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
6.1 Please contact us if you want to cancel the Contract. You can raise a returns request by sending an email to [email protected].
6.2 If you are a consumer, for most products bought online you have a legal right to change your mind within the 14 day cooling off period and receive a refund. You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. You must send off the Products within 14 days of telling us that you wish to end the contract.
6.3 We will pay the costs of return if the Products are faulty or mis-described or if You are ending the contract because we have told you of an upcoming change to the Product or these terms, 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.
6.4 If you end the contract for any reason other as set out in Clause 6.3 above and after Products have been dispatched to you or you have received them, these must be returned to us. Please contact us at [email protected] or telephone 01923 601866 to arrange for the products to be returned to us. Where delivery for the Products was charged, we will advise on options for returning the Products at your cost. Where Products were supplied on a free of charge service, we will advise on options for returning the Products at our cost. Where we arrange to collect the Products, you must allow us to do so.
DUE TO THE NATURE OF THE PRODUCTS, PLEASE DO NOT ATTEMPT TO RETURN PRODUCTS BEFORE CONTACTING US IN THE WAYS SET OUT ABOVE AND AGREEING A RETURNS METHOD WITH US.
6.5 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
6.5.1 If we have not offered to collect the Products, Your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
6.5.2 If we have offered to collect the Products and you have agreed that we will collect the Products, your refund will be made within 14 days of your telling us you have changed your mind.
6.6 If the value of the Products is less than it was because you have handled them beyond what is necessary, i.e. you’re handling them in a way which would not be permitted in a shop, we may reduce your refund of the price (excluding delivery costs) to reflect the reduction in the value of the Products. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
6.7 Any refunds will be made on the debit or credit card which you used to pay for the Products.
7. OUR RIGHTS TO END THE CONTRACT
7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
7.1.1 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
7.1.2 You do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
7.1.3 You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.
7.2 If we end the contract in the situations set out in Clause 7.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
8.1 If you are a consumer we are under a legal duty to supply Products that are in conformity with this contract.
8.2 For detailed information on your legal rights, please visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 11 33.
8.3 The Consumer Rights Act 2015 says that Our Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Product your legal rights entitle you to the following:
8.3.1 Up to 30 days: if the Products are faulty, then you can get an immediate refund.
8.3.2 Up to six months: if the Products can’t be repaired or replaced, then you are entitled to a full refund, in most cases.
8.3.3 Up to six years: if the Products do not last a reasonable length of time you may be entitled to some money back.
8.4 If you wish to exercise your legal rights to reject Products You must email [email protected] to arrange a way to return them to us. Please email us at [email protected] or telephone 01923 601866 to discuss the product return.
9. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
9.1 If you are a business customer, we warrant that on delivery and for a period of one year from the date of delivery (the “Warranty Period”) that any Products shall:
9.1.1 Conform with their description; and
9.1.2 be free from material defects in design, material and workmanship.
9.2 Subject to Clause 9.3, if:
9.2.1 You give us notice in writing during the Warranty Period within a reasonable time of discovery that a Product does not comply with the warranty set out in Clause 9.1;
9.2.2 We are given a reasonable opportunity of examining such Product; and
9.2.3 You return such Product to us at our cost,
We shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
9.3 We will not be liable for a Product’s failure to comply with the warranty in Clause 9.1 if:
9.3.1 You make any further use of such Product after giving a notice in accordance with Clause 9.2.1;
9.3.2 The defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
9.3.3 You alter or repair the Product without Our written consent; or
9.3.4 The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
9.4 Except as provided in this Clause 9, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in Clause 9.1.
9.5 These terms shall apply to any repaired or replacement Products supplied by us under Clause 9.2.
10. PRICE
10.1 The price of the Products:
10.1.1 Shall be as stated on Our Website at the time when you purchase the Products;
10.1.2 May be displayed to include or exclude VAT depending on your indicated preference. Where it is excluded, VAT will be added at the point of checkout at the rate applicable at the date when you purchase the Products;
10.1.3 Is quoted in pounds sterling (£) (GBP).
We take all reasonable care to ensure prices are correct. However please see Clause 10.3 for what happens if we discover an error in the price of the Product you order.
10.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 Our site contains a large number of Products. It is possible that, despite our reasonable efforts, some of the Products on Our site may be incorrectly priced. If we discover an error in the price of the Products You have ordered we will attempt to inform you of this error and give the option of continuing to purchase the Products 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. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products at the incorrect (lower) price.
11. PAYMENT
11.1 You must pay for the Products in full at the time when you place the order by using a debit or credit card. All payments by debit or credit card need to be authorised by the relevant card issuer. If your payment is rejected prior to delivery the order will be cancelled.
11.2 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.3 If You are a business customer You must pay all amounts due to Us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
YOUR ATTENTION IS DRAWN TO THIS CLAUSE
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. If you are a consumer, we only supply the Products to You for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 13.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Our liability to you if you are a business, shall not extend to:
13.1.1 Any loss of business, loss of revenue or loss of profit;
13.1.2 Losses that were not foreseeable to you and us when the contract was made;
13.1.3 Losses that were not caused by any breach of the contract by us
13.1.4 Any loss of data.
13.2 Subject to Clause 13.1, our aggregate liability to you (whether in contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with the contract, including but not limited to direct or indirect damage to property caused by our negligence, shall not exceed £100,000 in total for any claim or claims resulting from any one or more related incidents.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within a reasonable period of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 We will not be in breach of the contract nor liable for delay in performing, or failure to perform, any of our obligations under the contract if such delay or failure result from events, circumstances or causes beyond our reasonable control.
14.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing this contract, we can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.7 These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts.
14.8 If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Dispute Resolution Ombudsman via their website at www.disputeresolutionombudsman.org or call free on 0333 241 3209.
If you are a consumer, the Dispute Resolution Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
14.9 If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
If you have any questions or complaints about the product, please contact us. Please send an email to [email protected], or telephone 01923 601866 to discuss your issue.