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Faciliteeez Limited General Terms and Conditions
PART A DEFINITIONS
DEFINITIONS
The Company - shall mean Faciliteeez Limited, a company registered in England and Wales, No. 15578893, whose registered office is at 27 Old Gloucester Street, London WC1N 3AX and where the context permits, its employees, agents or subcontractors.
The Client - shall mean the company or employee or agent of the company or person who purchases goods or services from the Company.
Goods or services - include technical services, consultancy, publications, and other services provided by the Company.
Agreed - shall mean, agreed between the Client and the Company whether verbally or in writing.
In Writing - shall mean any correspondence by letter, fax or email address to the Company.
In the context the masculine shall include the feminine and vice versa.
GENERAL CONDITIONS
1. STATUTORY RIGHTS
Nothing contained herein shall affect the implied undertaking as to title etc. contained in Section 12 of the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods to Consumer Regulations 2002 or shall not affect your statutory rights if you ‘deal as a consumer’ as defined in Section 12 of the Unfair Contract Terms Act 1977 (Law of England & Wales).
2. TERMS
2.1 The Company will only accept business based on these terms and conditions and these override all other terms unless agreed in writing by the Company.
2.2 If the Client is an agent acting on behalf of a principal, the obligations of Client as set out herein may be transferred to the principal provided that the Company has agreed in writing to this arrangement before being given instructions to proceed with the work.
2.3 The Company reserves the right to decline to accept an order for work without being required to give a reason.
2.4 The Company provides information, advice and services in good faith based upon information available at the time. The Company accepts no liability for the consequences of its information opinions and advice whether direct or indirect.
2.5 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement
3. GOVERNING LAW
3.1 All commercial transactions shall be governed by and interpreted in accordance with the laws of England and Wales and the parties submitted to the jurisdiction of the English Courts, but the Company may enforce any such commercial transaction in any court of competent jurisdiction.
4. ARBITRATION
4.1 In the event of a dispute or difference arising from these conditions or the interpretation thereof or otherwise arising from the commercial transaction under these conditions, such dispute or differences shall be referred to arbitration by a single arbitrator mutually agreed between the parties or failing such agreement, by an arbitrator nominated by the President of the Institute of Arbitrators. Any such arbitration shall be conducted in accordance with the Arbitration Act 1996, and by application of the law of England.
5. COPYRIGHT & INTELLECTUAL PROPERTY
5.1 The Company shall retain copyright in all reports, presentations or other material delivered in whatever form unless otherwise agreed in writing.
5.2 The source code version of any software program created and developed by the Company either alone or in conjunction with the Client shall be and remain the exclusive property of the Company and notwithstanding the release of the source code to the Client, which shall be at the absolute discretion of and upon terms determined by the Company. All confidential information and intellectual property rights in the source code shall remain vested in the Company.
5.3 The Company shall on request grant to the Client a non-exclusive license to use the software programs and where appropriate the program documentation upon such terms as the Company shall in its absolute discretion determine
6. LIMITATION OF LIABILITY
6.1 Without prejudice to other more restrictive limitations elsewhere in this contract, liability on the part of the Company is limited to the value of the contract with the Client or the value of the loss whichever is the smaller. The Company accepts no liability for the consequences of its information, opinions and advice, whether direct or indirect
6.2 Neither party shall be liable to the other for any indirect, special or consequential damages.
7. ILLEGAL USE
7.1 The Client agrees not to make any illegal use of any information provided by the Company.
8. INVALIDITY
8.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected to the extent that they are capable of continuing in force without the unenforceable term or condition.
9. ENTIRE AGREEMENT
9.1 These terms and conditions set out the whole agreement relating to the supply of goods and services to you by us except you are dealing as a consumer.
9.2 Nothing said by any salesperson employee or subcontractor on behalf of the Company should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by the Company.
9.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading
10. WEB PURCHASES
10.1 These trading terms and conditions apply to transactions that are made using the Faciliteeez web site. For ease these terms are segregated into product groups that are supplied by Faciliteeez which can constitute products or services. The objective is to allow the visitor to our web site to navigate these terms so that the appropriate terms can be related to the products and services being acquired.
11. PRODUCTS or GOODS
11.1 The 'products or goods' are items offered to the general public for sale and for use in a commercial environment; the Client is the person(s) offering payment in exchange for products from the Company. The following are Terms & Conditions for the sale of Products that will govern any contract for sale entered into through the Company.
12. GENERAL
12.1 The content of the Company website is only for your general information and use only.
12.2 The Company and/or its agents will treat each order as an offer by you to purchase the products or goods subject to these Terms & Conditions. The Company's prices represent an 'Invitation to Treat' and can be amended or withdrawn at any time.
12.3 The terms of sale and delivery charges may vary.
12.4 The right to refuse the supply of any product or goods will be at the Company's discretion.
12.5 The Company accepts orders on the basis that products are subject to availability.
13. DESCRIPTION OF THE PRODUCT AND GOODS
13.1 All products sold are of a technical nature and we are sometimes unable to give full specifications of all products listed within the Web.
13.2 The Company will not accept responsibility / liability for representations made by a third party for products features or suitability for a particular use. Images shown on the website are for illustration purposes only and may not be representative of the product.
14. LIABILITY
14.1 Neither the Company nor any such third parties provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the information and materials found or offered on the Company website for any particular purpose. The Company acknowledges that such information and materials may contain inaccuracies or errors and the Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
14.2 Your use of any information, materials or products on the Company’s website is entirely at your own risk, for which the Company shall not be liable. It shall be your own responsibility to ensure that any product, services or information available through the Company’s website meets your specific requirements.
15. COPYRIGHT
15.1 The material on this website is owned by or licensed to the Company, and is protected by intellectual property laws including, but not limited to, copy right. You may view, use, download and store the material on the Company website for actions specifically linked with the purchase and use of any product or publication purchased. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties is prohibited.
16. LINKS
16.1 You may find that the Company website is linked to or from other website(s) through hypertext or any other computer links. We have no control over and shall not be responsible for the content of such linked website(s). These links are provided for your convenience.
17. PAYMENT & PRICES
17.1 Payment for goods and services from the web site are transacted electronically, where the provider of this service to the Company may change from time to time
17.2 All prices shown are in pounds sterling, unless otherwise stated. We reserve the right to change any advertised prices at any time.
17.3 The total price you pay for the product will be stipulated at the point of payment. The Company is entitled to adjust the advertised price to take account of any increase in our prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should the Company have cause to adjust the price you will be offered the opportunity to cancel the order before the dispatch.
17.4 The Company accepts all major credit and debit cards, these include MasterCard, Visa, and Visa Debit.
17.5 In the event a product is listed at an incorrect price due to the above we shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
17.6 Ownership and title in the product will only pass to the purchaser upon receipt of full payment.
17.7 Please note our direct Company price may vary from our internet/mail order price.
17.8 All items offered are subject to availability and may change according to supply and also manufacturer change. If orders cannot be fulfilled due to shortage of stock we will call you to offer a suitable alternative model.
17.9 If a product becomes discontinued we will seek to provide the new replacement automatically, providing there is no change in price or quote to you the difference or suggest an alternative we have in stock of the same value should you prefer.
17.10 If we are unable to contact you in relation to product changes, price changes or errors within a reasonable timeframe we will treat the order as cancelled and not process any payment.
18. CANCELLATION
18.1 Under the United Kingdom's Distance Selling Regulations 2000 (DSR) you have the right to cancel the contract for the purchase of any item within 7 working days of delivery (starting the day after you receive the goods). This is your UK statutory right. This will apply to your order unless you have purchased an item where any seal has been broken. The Company will not accept cancellation of any order where the item(s) purchased were deemed to be a 'Special Order' or pre-configured to your requested specification.
18.2 If the order has been processed, but the goods not dispatched, a full refund will be given within seven days.
18.3 If goods have been dispatched and you subsequently cancel your order, under the Distance Selling Regulations as part of our Terms & Conditions you must take reasonable care of the product. It will be your responsibility to return these products to the Company at your cost. Refund will take place when the goods are received in good order by the Company.
18.4 Any order deemed to be ordered incorrectly will be subjected to a 30% restocking fee if the package has been opened. This does not apply under the terms of Distance Selling Regulations.
19. DATA PROTECTION ACT
19.1 If you purchase a product from the Company your name and address may be used by the Company for marketing purposes. Unless required by law this information will not be supplied to any third party. Should you prefer not to receive such marketing information please advise us by email to info@faciliteeez.co.uk.
20. THIRD PARTY RIGHTS
20.1 Except for the Company’s affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20.2 These terms and conditions, together with current website prices, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the supply of the goods to you the Client by us the Company and except where you are dealing as a consumer.
21. COPYRIGHT / TRADEMARKS / DATA PROTECTION
21.1 All rights in the designs and information on the web site are owned by Faciliteeez Limited. You may copy and print portions of this web site for the sole purpose of placing an order with our Internet services. The materials on our Internet sites may not be used for any other purpose.
21.2 Faciliteeez will use the information you provide and transactional information, for administering this service and for marketing purposes including market research. Faciliteeez may analyse your data and send you offers and information by mail or e-mail, about other Faciliteeez products. If you do not want Faciliteeez to contact you by mail or e-mail, or send you offers, please email info@faciliteeez.co.uk
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