RANDALL & DANIELS (ELECTRICAL) LTD WEB SITE TERMS AND CONDITIONS
Thank you for accessing http://www.rd-electrical.com/ (the "Web Site"). Please read these terms and conditions (the "Terms") before using the Web Site which is operated by Randall & Daniels (Electrical) Limited (registered number 00681758), whose registered office is at Neath Abbey Industrial Estate, Neath SA10 7DR ("Randall & Daniels") and whose VAT number is GB123667471.
Should you wish to contact Randall & Daniels at any time, please contact us using our online contact form at http://www.rd-electrical.com/contact.asp. You may also call us on +44 (0)1792 813231.
By using the Web Site, you signify your acceptance of the Terms in consideration of which Randall & Daniels provide you with access. From time to time Randall & Daniels may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Web Site. If at any time you do not wish to accept the Terms, you may not use the Web Site.
While Randall & Daniels has endeavoured to ensure the material accuracy of the information available on the Web Site, Randall & Daniels does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Web Site. The contents of this Web Site are for information only, nothing on this site constitutes professional advice and advice should always be taken from a qualified professional in relation to any specific problem or concern. Randall & Daniels therefore disclaims all liability and responsibility arising from any reliance placed on such information or materials by any visitor to the Web Site.
LINKS TO THE WEB SITE
Web sites or pages to which the Web Site is linked are for information only and have not been reviewed by Randall & Daniels. Randall & Daniels has no responsibility for the content of the web sites or pages linked or linking to this Web Site, and Randall & Daniels accepts no responsibility or liability for any losses or liabilities whatsoever that may be incurred as a result of your clicking through to linked web sites.
The Web Site, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks and other material ("Content") is protected by copyrights, database, trade marks and/or other intellectual property rights.
The Content includes both content owned or controlled by Randall & Daniels and content owned or controlled by third parties and licensed to Randall & Daniels.
All individual articles, publications, and other elements making up the Web Site are copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Web Site and the licence set out below.
You may not use any of Randall & Daniels' trade marks or trade names without Randall & Daniels' consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify Randall & Daniels in writing promptly upon becoming aware of any unauthorised access to or use of the Web Site by any party or of any claim that the Web Site or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
Access to the Web Site is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to the Web Site and/or the Content other than the limited right to use the Web Site in accordance with these Terms.
If you are provided with a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password if in our opinion you have failed to comply with any of the Terms.
Other than as set out in this section (or provided by applicable law) you may not copy, decompile, disassemble, reverse engineer, distribute, make available, adapt, upload, or in any other way exploit any part of the Web Site.
Download is permitted by Randall & Daniels provided that:
(i). you make only personal, non-commercial use of any download and/or printed copy of the Web Site and do not modify any Content you have printed off; and
(ii). you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell, make available or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof without our express consent.
The Web Site and the information contained therein may not be used to construct a database of any kind, nor may the Web Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database web sites containing all or part of the Web Site.
Without prejudice to the generality of the foregoing, you may link to any part of our Web Site.
If you would like information about obtaining Randall & Daniels' permission to use any of the Content please contact us via our on-line contact form at http://www.rd-electrical.com/contact.asp.
The Web Site and the Content are provided "as is" excluding any warranties and conditions of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties and conditions as to title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Randall & Daniels further accepts no responsibility or liability for functionality contained on the Web Site. Please note that some jurisdictions do not allow the exclusion of implied warranties or implied conditions, so some or all of the above exclusions may not apply to you.
While Randall & Daniels cannot guarantee performance of its Web Site, in the event that use of the Web Site is interrupted or suffers from any errors, we will endeavour to resolve such issues in a reasonably timely manner.
You should ensure that your computer equipment is compatible with the Web Site and you have installed up to date virus checking software prior to any internet session as Randall & Daniels is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of the Web Site or your downloading any material posted on it.
Randall & Daniels shall not be held responsible for Content provided by third parties. Randall & Daniels is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Web Site.
You understand that Randall & Daniels uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Web Site and any service made available through it.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Web Site, including the Content, is at your own risk. If you are dissatisfied with the Web Site, the Terms or any of the Content your sole remedy is to discontinue use of the Web Site. Save in respect of fraud and of personal injury or death to the extent it results from Randall & Daniels' negligence, in no event will Randall & Daniels be liable to you or any third party for any direct, special, indirect, consequential or incidental damages (including lost profits), or any other damages of any kind whether based in contract, tort (including negligence) or otherwise, even if Randall & Daniels has been advised of the possibility thereof.
Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Web Site is not directed at any person in any jurisdiction where for any reason the publication or availability of the Web Site is prohibited. Those in respect of whom such prohibitions apply must not access the Web Site.
Randall & Daniels does not represent that either the Web Site or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Web Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
VIRUSES HACKING AND OTHER OFFENCES
You must not misuse the Web Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site or the server on which it is stored and you must not attack our Web Site by way of a denial of service attack or distributed denial of service attack or in any other manner.
We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Web Site.
If you breach any of these Terms your right to use the Web Site terminates automatically.
CHANGES TO THE WEBSITE
At any time, the Web Site may contain material which is out of date. While Randall & Daniels has no obligation to do so, you accept that Randall & Daniels has the right to change the content or technical specifications of any aspect of the Web Site at any time at Randall & Daniels' sole discretion. You further accept that such changes may result in your being unable to access the Web Site.
No waiver by Randall & Daniels of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Randall & Daniels of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
CONDITIONS RELATING TO SALE OF GOODS TO YOU
The provisions of the Terms Applicable to Sale of Goods apply to goods sold by Randall & Daniels to you. Different terms and conditions relate to the other services provided by Randall & Daniels; these are available on request.
Please see separate terms of sale available at http://www.rd-electrical.com/terms.asp.
Randall & Daniels shall have no liability for any breach of these Terms or the Terms Applicable to Sale of Goods caused by circumstances beyond its reasonable control.
A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
RANDALL & DANIELS (ELECTRICAL) LTD - TERMS APPLICABLE TO SALE OF GOODS
These terms apply where you wish to purchase goods Randall & Daniels (Electrical) Limited (registered number 00681758), ("Randall & Daniels") by electronic means.
Randall & Daniels' registered office is at Neath Abbey Industrial Estate, Neath SA10 7DR and whose VAT number is GB123667471.
Should you wish to contact us directly by phone, e-mail or fax for any reason our details are provided below:
Phone: +44 (0) 1792 813231
Fax: +44 (0) 1792 321816
AVAILABILITY OF GOODS
In these terms and conditions, when we refer to "goods" we mean any of the goods sold or made available through this Web Site.
We do not warrant or represent that any goods featured on the Web Site will be available at the time you place an order. Availability may vary depending upon the nature of the goods chosen.
All information available on our Web Site in respect of our goods constitutes an invitation to treat and not an offer by us to be bound to supply those goods. An offer will only arise in the circumstances set out below (see "How is a contract made with Randall & Daniels?").
HOW IS A CONTRACT MADE WITH RANDALL & DANIELS?
When you submit an order to purchase one of the goods featured on our Web Site, we will send you an e-mail confirming the details of your order including the price, postage charges and any VAT or other taxes payable. Before you submit your order please ensure that your order details are correct.
Your submission to Randall & Daniels constitutes an offer to Randall & Daniels to purchase the goods which may be accepted by us. Acceptance of your offer will occur upon Randall & Daniels sending to you an e-mail confirming that Randall & Daniels has sent the relevant goods to you.
RISK AND TITLE
The goods will be at your risk from the time of delivery.
Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
LANGUAGES AVAILABLE FOR CONCLUSION OF THE CONTRACT
English is the only language available for you to place your order with Randall & Daniels.
If the goods you have ordered from us are not available, we will contact you by e-mail to advise you of such. In our e-mail we will offer you the option to place your order on back-order for fulfilment when the relevant goods are available (so long as we intend to replenish our stock of the relevant goods in question), or to cancel your order without penalty.
Customers within the European Union are entitled to a cooling-off period of seven (7) business days (beginning on the day after the day on which you receive the goods) during which you may cancel the contract made with Randall & Daniels. Should you wish to exercise this right, you must, (a) within the time period above, give written notice (by e-mail, fax or letter) to Randall & Daniels indicating your intention to cancel the contract; and (b) return the goods already delivered to you at your cost.
Randall & Daniels may, in its absolute discretion and depending upon the facts of a particular case, extend the right to cancel to customers outside the European Union.
OUR REFUNDS POLICY
If you return Goods to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see 'Cancellation Rights' above), we will issue you with a refund once we have received the goods originally delivered to you. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. We strongly recommend that you only send such goods by recorded delivery for your own protection.
(b) for any other reason (for instance because you claim that the goods are defective), we will examine the returned goods and will (a) provide you with a full or partial refund; or (b) replace the goods. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective goods.
Please note that Randall & Daniels does not sell to minors. If you are under 18 and wish to purchase one of our goods, you may only do so with the involvement of your parent or guardian.
We warrant to you that any goods purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, the installation of the goods, if you use the goods in a way contrary to the manufacturer's recommendations, your failure to follow the manufacturer's instructions, or any alteration or repair you carry out.
Randall & Daniels will not be liable for any indirect or consequential losses resulting from our breach of contract. We will also not be liable for any loss of profit you may incur as a result of our non-performance. Randall & Daniels' maximum liability in the event it breaches a contract concluded with you (or is otherwise negligent, acts in breach of trust or in breach of statutory duty) shall be limited to 110% of the value of goods ordered. Nothing in these Terms is intended to exclude Randall & Daniels' liability for fraud, personal injury caused by the negligence of its employees or anything else that cannot be excluded by operation of law.
Randall & Daniels shall have no liability for any breach of contract caused by circumstances beyond its reasonable control.
A person who is not a party to any contract made shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
Any contract made between Randall & Daniels and you will be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.