General Terms & Conditions of Sale - Hollybrook Power Supplies


Definitions

In these conditions the following words shall have the following meanings:
- The “Buyer” shall mean the company, firm, consumer or person seeking to purchase the Goods from the Company.
- The “Company” shall mean the company as indicated on the face of the contract/order/ website page.
- The “Contract” shall mean any contract for Goods or Services made between the Company and the Buyer.
- The “Goods” shall mean the products, articles or things to be sold by the Company.
- The “Services” shall mean any services provided by the Company to the Buyer (whether or not the Buyer shall purchase Goods or not).
 

1.   Price

2.   Cancellation by the Buyer

3.   Image

4.   Payment

5.   Delivery

6    Warranty and Liability

7.   Proper Law and Notices

8.   Use of the Company Website

9.   Registration

10. Password and Security

11. Intellectual Property

12. Restrictions

13. Availability of the Company Website

14. Suspension or Cancellation of Registration

15. The Company’s Liability

16. Third Party Links
 


1. Price
Any price quoted by the Company is based upon current prices ruling as at the date appearing on the order receipt, but the actual price charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company) current as at the date of order. From time to time Hollybrook Power Supplies may issue voucher codes to customers which offer the user extra discount off their total order value. The vouchers will only be valid for the period stated in the original communication / correspondence with the customer. If multiple voucher codes are valid during the same period only one voucher code per order will be accepted.

2. Cancellation by the Buyer
2.1 You have the right to cancel the contract any time up to seven (7) working days after receipt of delivery of the Goods by notifying us by email to: enquiry@hollybrookps.co.uk. If you cancel the contract under section 2.1, and the Goods have already been dispatched, you must return the Goods to us, in saleable condition in the original packaging, at the address stated within the Returns Policy at your own expense and risk. On receipt of the Goods, we will refund the cost of the Goods to the original payment method. Refunds will not be made for Goods that show signs of attempted installation, whether or not in original packaging. If the Goods have not yet been dispatched, we will cancel your order and refund the cost of the Goods to the original payment method immediately.

2.2 Any Goods that you return to us are returned at your own risk, therefore we strongly advise customers to take care when returning Goods to us by ensuring that the Goods are correctly addressed, appropriately packed, insured if necessary and that they are delivered by a reputable carrier.

3. Image
The appearance of our products in comparison with images of them we publish on our website may vary for reasons beyond our control and for which we cannot accept responsibility.

4. Payment
Retail customers are responsible for ensuring that all goods are paid for in full. Payment must be in cleared funds to avoid delay in receiving the Goods. The Seller shall not be bound to give up possession of the Goods until it shall have received payment in cleared funds.
 
5. Delivery
5.1 Any time or date stated on an order, or given verbally, is given as an estimate only. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The company shall not be liable for any costs or other losses incurred by the Buyer, their agents or any other third party due to an installation schedule committed to by the Buyer prior to the Goods being received and checked.

5.2 The Company shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its direct control, such as the availability of goods from third parties.

5.3 The Company shall be entitled to make partial deliveries or deliveries by installments. Each installment shall be a separate agreement to which all the provisions of these conditions shall apply.

5.4 Signature of any note by an agent, employee or representative of the Buyer shall be conclusive proof of delivery. The Buyer must, within 48 hours of delivery, inspect the goods and immediately advise the Company of any damage for investigation. The Buyer must confirm quantities of goods supplied within 48 hours of delivery. Subsequent claims for shortages or damage will not be accepted. Risk of loss or damage to the Goods passes to the Buyer when the Buyer or the Buyer’s representative or agent accepts the Goods.

6 Warranty and Liability
6.1 The Company shall make good by reimbursement of the whole or part of the price or at its option by repair or by replacement any defect developing under normal use of the Goods, provided that the defect in question shall have appeared within 12 months after the Buyer shall have taken possession of the Goods  and shall have thereupon promptly notified the Company in writing, and any Goods alleged to be defective shall, if so required by the Company, be made available for collection by the Company.  If the Goods are found to be defective any return carriage, delivery expenses and/or direct and predictable reasonable expenses incurred solely due to defective goods will be reimbursed to the Buyer upon provision of evidence of such expense. In the event of the Goods not being defective the Buyer will be liable to reimburse the Company any reasonable expenses or costs incurred by the Company and/or it's agents. The Company shall not be liable for any claim or claims relating to any breach of warranty expressed or implied, brought after 12 months of the date of delivery. Extended warranties beyond 12 months is the responsibility of the manufacturer.
 
6.2 The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this contract.
 
6.3 The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract.

6.4 The Company shall not be held liable for the suitability of goods, as full installation details cannot be determined at point of sale. The Buyer and/or the Buyer’s installer should confirm all fittings purchased for installation to be suitable. Dimensions given are in millimetres (mm) unless otherwise stated.
 
7. Proper Law and Notices
All contracts made between the Company and the Buyer shall be governed by English Law and the Buyer shall submit to the jurisdiction of the English Courts. Any notice required to be given in writing under the Contract shall be given by first class post addressed to the registered office  of the party for which it is intended.

8. Use of the Company Website
Access to and use of the Company Website is entirely at your own risk. The Company Website is provided to you for your personal use subject to these Terms and Conditions.  By using the Company Website you agree to be bound by these Terms and Conditions which we may update and revise from time to time subject to any such changes being notified to you when you log on to and access the Website.  If you do not wish to accept such changes, you should not continue to use or access the Website.

9. Registration
To register on the Company Website you must be over 18 years of age and you must ensure that the details provided by you on registration or at any time thereafter are correct and complete.  You must inform the Company of any changes to the information you have provided when registering by updating your details in order to facilitate effective communication with you.

10. Password and Security
When you register to use the Company Website you will be asked to create a password which in order to prevent fraud you must keep confidential and not disclose or share it.  If you know or suspect someone else knows your password you must notify the Company immediately by e-mail.  If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, the Company may require you to change the password or suspend your account.
 
11. Intellectual Property
The content of the Company Website is protected by copyright, trade marks, database rights and other intellectual property rights.  You may retrieve and display the content if the Website on a screen, store such content in electronic form on disk but not on a server or network storage devise, or print one copy for your own personal use provided you keep intact all and any copyright and proprietary notices.  You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of the Website without prior written permission from the Company

12. Restrictions
You may not use the Company Website for any of the following purposes:
  • Disseminating any unlawful, harassing, libelous, abusive, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any legal duty, or
  • Transmitting material which encourages conduct which constitutes a criminal offence or otherwise breaches any applicable legal duty, or
  • Interfering with any other person’s use or enjoyment of the Website, or
  • Making, transmitting, or storing electronic copies of materials protected by copyright or any other applicable intellectual property right without the Company’s written permission.
  • You will be responsible for our losses and costs resulting form any such breach of this clause.
13. Availability of the Company Website
Though we aim to offer you the best possible service we make no promise that the services at the Company Website will meet your requirements and we cannot guarantee freedom from fault but we do require that you notify us if you perceive any fault.  Your access to the Website may be temporarily suspended pending site repairs and updates.

14. Suspension or Cancellation of Registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You may cancel your registration at any time in writing but if you do so you must stop using this Website.  Suspension and/or cancellation will not interfere with any statutory rights either way.
 
15. The Company’s Liability
The Company’s Website provides content from other sites or resources and while the Company tries to ensure that material included is correct, reputable and of high quality, it does not make any warranties in relation to that content.  If the Company is informed of any inaccuracies in the material it will attempt to correct the same as soon as reasonably possible.  If the Company is in breach of these Terms and Conditions, it will only be responsible for any losses suffered as a result and to the extent that they are foreseeable consequences to both you and the Company at the time you use the Website and will not include any business losses such as lost data, lost profits or business interruption.
 
16. Third Party Links
As a convenience to customers, the Company Website may from time to time contain links to sites and material, which are beyond the Company’s control in respect of which the Company will not be responsible for content on any such site outside the Company Website.  Part of the Website may contain advertising and/or sponsorship material for which the provider and not the Company will be responsible for ensuring legal compliance.
 
It is important that you accept but in particular that you read these Terms and Conditions.  Therefore, before proceeding with and confirming your order, please signify that you have read and that you accept these Terms and Conditions by ticking the check box.


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