| 1. |
General Information |
| 1.1 |
This page (together with the documents referred to on it) states the terms and conditions on which we supply Products sold online to you. Please read these terms and conditions carefully before ordering any products from our site. Please note that by ordering any of our products, you agree to be bound by these terms and conditions. |
| 1.2 |
You should print a copy of these terms and conditions for future reference. Once you have read and understood our Website Terms and Conditions of Supply please tick the box marked "I accept ABRU’s Terms and Conditions of Supply" when prompted to do so during our online order process. Should you not wish to accept our Website Terms and Conditions of Supply, you will not be able to order any Products from our site. |
| 1.3 |
abru.co.uk is a web site operated by ABRU Ltd (we). We are registered in England and Wales under company number 939028. Our registered office and trading address is Derwentside Industrial Park, Derby Road, Belper, Derbyshire, DE56 1WE, tell: 01773 525700. Our VAT number is 501361792. |
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| 2. |
Service Availability |
| 2.1 |
Our site is only intended for use by people resident in the UK Mainland. We do not accept orders from individuals outside the UK Mainland. |
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| 3. |
Buyers Status |
| 3.1 |
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; [and]
(b) You are at least 18 years old;
(c) You are resident in the UK Mainland; and
(d) You are accessing our site from the UK Mainland. |
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| 4. |
Forming the Buyer (You) and Supplier (Us) contract |
| 4.1 |
After placing an order, you will receive an e-mail acknowledging your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. |
| 4.2 |
The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. |
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| 5. |
Statutory Rights |
| 5.1 |
As a consumer, there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). You can also be assured that under the Distance Selling Regulations you have the right to cancel your order for any item purchased by phone or online within 7 working days after the day of delivery. In this case, you will receive a full refund of the price paid for the products in accordance with our returns policy (set out in clause 10 below). |
| 5.2 |
To cancel a Contract, you must inform us in writing or by e-mail. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk in accordance with our returns policy (set out in clause 10 below). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. |
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| 6. |
Availability and Delivery |
| 6.1 |
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days OR a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. |
| 6.2 |
If for any reason we are unable to fulfil your order we will contact you as soon as possible. Where we fail to deliver or delivery is delayed we will not be liable for any losses that are not reasonable or proportionate. We will not be liable for any trade or business losses. |
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| 7. |
Risk & Property |
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| 7.1 |
In the event that the Goods are to be delivered by the Seller to a place nominated by the Buyer, the risk therein shall pass to the Buyer when they are tendered for delivery at that place. |
| 7.2 |
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due. |
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8. Loss or Damage in Transit |
| 8.1 |
No claim for loss or damage to goods and material damaged will be accepted by the Seller unless notification in writing of the nature and extent of such a claim is received by the Seller within five working days. The liability of the Seller shall be restricted to the value of the goods despatched. |
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| 9. |
Price and Payment |
| 9.1 |
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. |
| 9.2 |
These prices include VAT and delivery costs. |
| 9.3 |
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. |
| 9.4 |
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. |
| 9.5 |
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing. |
| 9.6 |
Payment for all Products must be by credit or debit card. We accept payment with:
- Mastercard
- Delta/Visa Debit
- Visa
- Solo
Your credit or debit card will be charged on the completion of the online payment transaction. |
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| 10. |
Our Returns Policy |
| 10.1 |
Inspection upon delivery. You shall inspect a Product immediately upon receipt and shall notify us within 7 days of delivery if you believe the Product to be defective. If you fail to do so you shall be deemed to have accepted the Product. |
| 10.2 |
When you return a Product to us:
(a) If you are a consumer, you have the right to cancel the Contract between us, by notifying us in writing or by e-mail, within the seven-day cooling off period starting the day after receipt of the goods. Following return of the Product in line with the return conditions below, we will process the refund due to you as soon as possible and, in any case, within 30 days of issuing the Returns Reference Code (see below). In this case, we will refund the price of the Product 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.
(b) If you believe the Product to be defective, you should return the Product in line with the conditions below. We will examine the returned Product to confirm any defects and to ensure that the return conditions have been met. We will then notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of issuing the Returns Reference Code (see below) |
| 10.3 |
No refund will be issued before the Product has been returned and inspected. Products returned by you that prove to be defective will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Product found to have been damaged due to misuse will not qualify for a refund. |
| 10.4 |
Where returning Product, the following conditions must apply, otherwise ABRU may refuse to accept the goods and/or give a refund:
- Product must be in as new condition.
- Product must be returned complete (including all packaging, manuals, etc for that product). If any item is missing when received, the product is deemed incomplete.
- The packaging of the Product must be undamaged and unmarked.
- A Returns Reference Code (RRC) must be obtained from ABRU [United Kingdom (0)1773 525730], prior to returning the Product. You will be asked to provide details of either our invoice number or sales order number (this is shown on the delivery ticket), so please have these to hand to speed up the process.
- An order reference number must be clearly displayed with the returned Product otherwise the product will be rejected and returned to the sender.
- All Product must be returned within 7 days of the RRC being issued.
- The Product remains the customers responsibility during transit until signed for on receipt by ABRU.
- If the Product is not defective, it may be returned outside the 7 day return period up to 30 days from receipt. In this case, however, an administration charge of 15% of the invoice value of the goods will apply, subject to a minimum administration charge of £5.
- Abru will not accept returned product without a Returns Authorisation Number.
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| 11. |
Warranties and Product Liability |
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(a) The Seller warrants the product and all components, whether or not of its own manufacture, against defective manufacture whether due to defective materials or workmanship within a period of twelve months from the date of sale.
(b) The warranty contained in sub-clause 9 (a) is dependent upon notification in writing to the Seller, either directly or indirectly through the Buyer, merchant or stockist within five working days of the fault arising.
(c) In the event of such notification being given, the Seller may ask either for the return of the product to their premises, or for reasonable access to be given for inspection of the same. Upon the return of the product, or upon its inspection (as the case may be) the Seller will, if the product is found to be defective, as its own option either:
i) replace the product
ii) or alternatively credit the Buyer’s account with the like sum where the product is returned.
(d) This warranty does not apply to any products which have been altered, treated, processed or worked upon while in the Buyer’s hands.
(e) Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999), all warranties, by law.
(f) Whilst the utmost care is taken to ensure the accuracy of the information and data furnished by the Seller, the sale of goods is subject to the condition that the Seller will not in any circumstances be liable for losses, expenses or damage, direct, indirect or consequential sustained by the Buyer or any third party which may in any degree be attributed to the adoption whether by the Buyer or a third party of any technical information, data or advice given other than by the Seller in relation to the use of its goods. |
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| 12. |
Force Majeure |
| 12.1 |
The Seller shall not be liable for any loss or damage by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any case whatsoever that is beyond the Seller’s control including but not limited to an act of God, war, civil disturbance, requisitioning, governmental or parliamentary restrictions, Prohibitions or enactments of any kind, import or export regulations, strike lock-out or trade dispute (whether involving its own employees or those of any other person), difficulties in obtaining workmen or materials, breakdown of machinery, fire or accident. Should any such event occur the Seller may cancel or suspend this Contract without incurring any liability for any loss or damage thereby occasioned. |
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| 13. |
Written Communications |
| 13.1 |
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. |
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| 14. |
Notices |
| 14.1 |
All notices given by you to us must be given to ABRU Derwentside Industrial Park, Derby Road, Belper Derbyshire. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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. |
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| 15. |
Transfer of Rights and Obligations |
| 15.1 |
The contract between you and us is binding on you and us and on our respective successors and assignees. |
| 15.2 |
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. |
| 15.3 |
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. |
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| 17. |
Waiver |
| 17.1 |
Any waiver of these Conditions or any of them shall not prejudice or affect the Seller’s rights and remedies in respect of any subsequent breach of contract on the Buyer’s part. |
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| 18. |
Our Right to Vary these Terms and Conditions |
| 18.1 |
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. |
| 18.2 |
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). |
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| 19. |
Entire Agreement |
| 19.1 |
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. |
| 19.2 |
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. |
| 19.3 |
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms and Conditions. |
| 19.4 |
Our brochures and other literature are for guidance only and (in the absence of fraud on our part) shall not constitute representations by us. |
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| 20. |
General |
| 20.1 |
Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. |
| 20.2 |
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby. |
| 20.3 |
A person who is not party to the contract between the Seller and the Buyer shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the said contract. This Condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. |
| 20.4 |
This Contract is governed by and construed in accordance with the laws of England and the English High Court of Justice (to the jurisdiction of which the Buyer hereby irrevocably submits) shall have the exclusive jurisdiction to resolve any disputes arising out of it. |
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