Strainstall's ecommerce terms and conditions
This website https://www.scotload-direct.com (the "Site") is operated by Strainstall UK Limited a company registered in England and Wales under company registration number 04042929, our registered office address is Fisher House, P.O. Box 4, Barrow in Furness, Cumbria, LA14 1HR (referred to as "Strainstall", "we" or "us" in these terms and conditions).
For the purposes of these terms and conditions: “Contract” is the contract containing these terms and conditions, formed by Strainstall's acceptance of your order; “Products” are the products and services listed for sale by Strainstall on the Site; and “you” refers to the person (a natural person or other legal entity) who uses the Site and/or orders Products from the Site.
1.1 The terms and conditions apply only to consumers who use the Site. If you are using the Site for business purposes please note that our business to business terms and conditions (Strainstall UK Limited Standard Terms and Conditions for Sale, Hire and Supply Rev 3), will apply instead.
1.2 STRAINSTALL reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Site. You should read the terms and conditions on the Site before you purchase to ensure you are aware of the current terms and conditions on which STRAINSTALL makes the Site and the Products available to you. Please note that Contracts concluded on the basis of previous terms and conditions remain unaffected by any changes to these terms and conditions - the terms and conditions, including Product prices, applicable to any Contract are those which apply at the time you place your order.
1.3 We aim to update the Site regularly and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time and we are under no obligation to update such material. We will not be liable if for any reason the Site is unavailable at any time or for any period.
1.4 You are responsible for making all arrangements necessary for you to have access to the Site.
1.5 We are the owner or the licensee of all intellectual property rights in the Site, in the material published on it and in all Products sold through the Site. All such rights are reserved.
1.6 This Site is only intended for use by UK residents. We do not accept orders from outside the UK.
2. PLACING AN ORDER AND PAYMENT
2.1 You can order a maximum of two (2) Products on the Site at any one time. On completion of your valid order we will send to you an order confirmation. Please note that this does not mean 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 our acceptance of your order will take place when we e-mail you to accept it at which point a contract will come into existence between you and us.
2.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Product.
2.3 Payment can be made by any method specified in the check-out section of the Site. We will take all reasonable precautions to keep the details of your order and payment secure.
2.4 The price you pay for a Product is the price displayed on the Site at the time you place your order. All prices are shown in UK pounds sterling and include VAT at the current applicable rate(s). The total amount payable will also include any applicable delivery charges, which will be added to the price of the Product prior to you confirming your order, unless expressly stated otherwise.
2.5 We try to ensure that all prices on the Site are accurate but errors can occur. If we discover an error in the price of Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you choose to cancel and you have already paid for the Product(s), you will receive a full refund.
2.6 Products are subject to availability. In the event that we are unable to supply any Products to you, we will inform you of this as soon as possible. If you have already paid for the Products, you will receive a full refund.
2.7 We do not file details of your order directly on the Site for you to subsequently access, unless you create an account. Therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your order please contact us at [email protected] quoting your order reference number (which can be found on your order confirmation).
3.1 Products may vary slightly from their pictures. The image(s) of the Products on our website are for illustrative purposes only.
3.2 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 4 Cancellation Rights).
3.3. Minor changes to the Products. We may change the Product:
a) to reflect changes in relevant laws and regulatory requirement; and
b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.
4.1The costs of delivery will be as displayed to you on our website. We cannot deliver to places outside the UK including the Channel Islands or the Republic of Ireland. All Products must be signed for on delivery.
4.2 During the order process we will let you know when we will provide the Product(s) to you.
4.3 If our supply of the products is delayed by an event outside of 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 Risk of loss and/or damage to Products passes to you on the date when the Products are delivered to you or you (or a carrier organised by you) collect it from us.
4.5 Ownership of any Product(s) you order on this Site shall pass to you on the later of (i) delivery of the Products to you; and (ii) the date we receive payment in full for the Products (including any delivery charges).
5. CANCELLATION RIGHTS
5.1 You may cancel a Contract at any time within seven working days, beginning on the day after you receive the Product(s) (or, where the Products are services, the day after acceptance of your order for the services) (in each case, the "Statutory Return Period"). In this case you will receive a full refund of the price paid for the Product(s) (including any delivery costs) as soon as possible (and in any event, within 30 days of the day you have given notice of your cancellation).
5.2 To cancel a Contract, you must inform us in writing. Except in the case of services, you must also return the Product(s) (including all its accompanying components and accessories) to us immediately, in the same condition in which you received them, and at your own cost and risk. We request that you return such Product(s) (including all its accompanying components and accessories) to us with its original packaging. Please note that 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.
5.3 Please note that the provisions above are not intended to be a full statement of all of your rights.
6. RETURNS, CANCELLATIONS AND SUBSTITUTIONS
6.1 We want you to be totally satisfied with every purchase you make from the Site. If for any reason you are not completely happy with your purchase and the Statutory Return Period (referred to in Clause 5 above) has expired, simply return it within 30 days of delivery, unused and in its original packaging together with the STRAINSTALL invoice and we will either exchange it or offer you a refund. Please note the delivery charge is not refundable after the expiry of the Statutory Return Period unless the product is faulty. This section 6.1 does not apply to any services purchased by you from the Site.
6.2 We will usually refund any money received from you (including pursuant to Clause 5) using the same method originally used by you to pay for the Product.
6.3 All sizes and measurements of Products on the Site are approximate but we do try to make sure that they are as accurate as possible.
6.4 All Products, excluding the strap of the Products, are guaranteed against manufacturing defects for a period of 12 months. The terms of this guarantee will be provided with the Product.
6.5 Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed Products.
6.6 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email: (0) 1983 203600 or [email protected]
(b) Online: Complete the form on our website.
(c) Post: Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form.
7. IF THERE IS A PROBLEM WITH THE PRODUCT
7.1 If you have any questions or complaints about the Product, please contact us. You can telephone our customer services team at (0) 1983 203600 or write to us at Scotload E-Commerce Department STRAINSTALL UK Limited, 9-10 Mariners Way, Cowes, Isle of Wight PO31 8PD or [email protected]
7.2 We are under a legal duty to supply products that are in conformity with this Contract. See below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights:
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
8.1 In respect of each Contract, our entire liability to you if we are in breach of that Contract or in breach of a legal duty of care in connection with that Contract, will be limited to the total price of the Products ordered by you under that Contract.
8.2 STRAINSTALL is not liable to you (or any other parties) for:
(a) any loss of income or revenue, business or profits, or loss or corruption of, or damage to, data:
(b) any loss or damage which was not caused by our breach of a Contract or our breach of our legal duty of care;
(c) any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time STRAINSTALL and you entered into the Contract, either (i) such loss or damage was contemplated by STRAINSTALL and you, or (ii) you notified STRAINSTALL in writing that the loss or damage may occur if STRAINSTALL breached the Contract or STRAINSTALL’s legal duty of care.
8.3 Nothing in these terms and conditions shall exclude or limit STRAINSTALL’s liability for (i) fraud; (ii) death or personal injury caused by STRAINSTALL’s negligence; or (iii) liability which may not be excluded or limited under any applicable law.
9.1 You must not misuse the 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 Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
9.2 We shall be entitled to co-operate fully with any law enforcement authorities or court or other authoritative order or any other request with which we consider it appropriate to comply requesting or directing us to disclose the identity of or locate anyone using the Site.
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. 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 communication be in writing.
10.2 All notices given by you to us must be given to STRAINSTALL at Scotload E-Commerce Department STRAINSTALL UK Limited, 9-10 Mariners Way, Cowes, Isle of Wight PO31 8PD . We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in Clause 8.1 above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting any letter.
11. USE OF PERSONAL INFORMATION
11.1 We will use the personal information that you provide to us:
a) to supply the Products to you;
b) to process your payment for the Products; and
c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
12.1 Where the site contains links to other sites and resources provided by third parties these links are provided for your information only. We accept no responsibility for them or for any loss or damage that may arise from your use of them. Please note that you may be asked to adhere to separate terms when accessing third party websites.
12.2 We intend to rely on these terms and conditions and any document expressly referred to in them. No variation in the Contract from these terms and conditions will be valid unless agreed in writing between you and us.
12.3 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.
12.4 These terms and conditions, all Contracts for the sale of Products made through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts.