TERMS AND CONDITIONS FOR ONLINE SALES
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products
listed on our websites www.industrial-needs.com
and www.pce-instruments.com to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
We operate the websites www.industrial-needs.com
and www.pce-instruments.com for the english speaking
markets. Mainly for United Kingdom and USA.
UK: We are PCE Instruments UK Limited, a company registered in England and Wales under company number 7717288 and with our registered office at
Southpoint, Ensign Business Park, Ensign Way, Hamble Southampton Hampshire, UK SO31 4RF, which is also our main trading address. Our VAT number is
USA: PCE Americas Inc., a company registered in Florida, USA, under company
number Custom ID: 0003060482 and with registered office in 711 Commerce Way suite 8,
Jupiter, 33458 FL, which is also the main trading address.
2. YOUR STATUS
By placing an order through our site (international attached shop systems
www.pce-instruments.com), you warrant that:
2.1 you are legally capable of entering into binding contracts; and
2.2 you are at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received 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 (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 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.
4. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5. RISK AND TITLE
5.1 The Products will be your responsibility from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices exclude VAT.
6.3 Product prices and delivery charges 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.
6.4 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 that we are rejecting it.
6.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6.6 Payment for all Products can be made by credit or debit card, by Paypal, by bank transfer or by cash on delivery.
7. OUR REFUNDS POLICY
7.1 If you return a Product to us (for instance, because you have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your 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 the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery and for the following 2 -3 years (depending on the Product purchased), conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9. OUR LIABILITY
9.1 Subject to clause 9.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 9.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
9.2 Subject to clause 9.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of profits;
9.2.4 loss of anticipated savings;
9.2.5 loss of data; or
9.2.6 waste of management or office time.
9.3 Nothing in this agreement excludes or limits our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
9.3.4 defective products under the Consumer Protection Act 1987; or
9.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
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.
All notices given by you to us must be given to PCE Instruments UK & PCE Americas
Inc. 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 11 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.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 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.
13.3 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.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks;
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
14.2.7 pandemic or epidemic.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the
contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a
contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
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.
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).
19. LAW AND JURISDICTION
Contracts for the purchase of products through our 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
UK law / US law. Any dispute or claim arising out of or in connection with such
contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of
the UK / of the USA..
20. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
TERMS OF WEBSITE USE
2. USE OF MATERIAL
We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose.
3. INTELLECTUAL PROPERTY
Our website and all of the related pages, including not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this website is owned by us or the sponsors or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited.
4.1 We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or to any website to which it is linked.
4.2 Further, we do not warrant that our website will be free of error or that the website and the serve are free of computer viruses or other harmful applications.
5. LINKS TO THIRD PARTY SITES
We may, from time to time, let you leave the site to linked sites. The linked sites are not under our control and we explicitly state that we are not responsible for the contents of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site.
7. TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions for online sales.
8. WHO WE ARE
This website is owned and controlled by: PCE Instruments UK & PCE Americas Inc.. The full postal address
can be seen in the beginning of this site.
9. LIMITATION OF LIABILITY
9.1 We shall not be liable to you, except in respect of injury or death of any person (for which no limit applies within the jurisdiction of England and Wales) regardless
of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website.
9.2 If you enter our website, you agree that this clause 9 relating to limitation of liability is reasonable and it reflects the nature of a website. In particular, the nature of our website is merely an introduction to our company and the goods and services we offer, and as a result, our website merely acts to provide basic information that acts to inform on a superficial level.
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.
American law and be subject to the exclusive jurisdiction of the English and US courts.