Terms and Conditions for Distance Selling (Purchasing Online) Business to Business
1.1 What makes up this agreement?
These conditions here, any Order Confirmation and any Product specification details, together with Product specific care and installation instructions (available on our website, on request or included with the Product on delivery) make up this agreement for the supply of the Product to you.
1.2 Who’s who in this agreement?
Daniel's Security Centre will be referred to as “us, we, our” we refer to you, the party identified as the Customer, as “you” or “your” (we shall also include where appropriate your employees and agents). We refer to both parties for these as normal English such as “both of us” or “either of us”
1.3 No other terms or conditions apply
The terms and conditions of this agreement replace all previous agreements or arrangements (whether written or oral) between us both in relation to the Product. No additions to, changes to, or conditions inconsistent with this agreement will be binding on us unless we expressly agree in writing.
2.1 What will we charge for the Product?
Our charges will be calculated and set out on the Order Confirmation. Our Charges shall not include postage and delivery costs, these shall be set out on the Order Confirmation.
2.2 All our charges do not include VAT
3.1 How long do you have to pay?
All Products must be paid for in full before despatch or collection. All Products remain our property until payment is made in full and in cleared funds.
3.2 What is cleared funds?
Cheque payments are subject to normal clearing periods at our bank (from time to time) where cheque payments are refused for whatever reason; we will be entitled to invoice you in respect of any banking charges which we incur as a result of the refused cheque payment by you. Any amounts due from you in respect of such invoice will be payable within 30 days of the date of the invoice.
4. Can you cancel your order?
When the Product is delivered it is your obligation to check carefully on arrival of that Product and/or packaging is in good condition. If the Product and/or packaging is in good condition, our delivery agent will ask you to sign our delivery note specifying the Product received in good condition. If you consider the Product to be damaged on inspection then you must mark the delivery note accordingly. You must confirm all damage in writing to us within 24 hours. You must inspect each Product as soon as to delivery as possible and in any event no later than the end of the working day following the day in which the delivery was made (a working day being Monday to Friday but not including any public holiday in England) and promptly notify us whether the Products are in any way defective.
Delivery will deemed to have been accepted by you if you have not notified us of any defect or that the Product or any of them of not satisfactory within two working days of delivery.
Once we have issued a confirmation of order (either in the post or by email you may not cancel the order unless we have first agreed to that cancellation and in the event of us agreeing to any cancellation, suspension or variation of the order, we reserve the right to make a cancellation charge based on the costs to Doors & More which cannot be recovered together with handling or re-stocking charge for any costs of transportation or service provision if the same has been undertaken prior to the cancellation being agreed.
If we agree to cancel your order, if the order has already been processed we charge a 25% handling charge on any cancellation of any Special Order. The term Special Order is any order which we do have in stock and we need to order as a special from our suppliers on your behalf. We will make it clear to you on the Order Confirmation that your order is a Special Order. These usually take 21 days to arrive from the date of the order. The handling fee does not apply to the carriage charge. If the order is for a non-special item and you wish to cancel the order before it is dispatched from us, this will be possible; however we will charge a 5% handling fee. If the Product has been dispatched then it will be the customer’s responsibility to return the Product to us and where it has already been dispatched, we will charge a 15% restocking fee.
5. When does the right to cancel not apply?
If you ask us to construct, adapt, make any Product or to assemble any Product to specifications originating from yourself, the right to cancel will not apply to any order for such Products. No cancellation will be accepted in respect of a Special Order. However, if:
The Product delivered is not what you ordered or does not correspond with its description (allowing for any distorted representation of a description due solely to the equipment on which you have viewed our website);
The Product delivered is not a satisfactory quality, including because of damage caused prior to the act of delivery, then we will, at our option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Product. Delivery Charges will not be refunded under any circumstances where the customer has ordered the Product incorrectly.
6. Restrictions on our Liability
6.1 Death or Personal Injury
Nothing in these conditions will operate so as to exclude, restrict, or limit liability for death or personal injury resulting from our negligence or that of our employees or sub-contractors. We do not exclude liability for breach of any warranty as to title and quiet possession of a Product that may be implied by law.
6.2 Limit of our liability
Subject to conditions 6.1 and 6.4 if you suffer any loss or damage our liability to you will be limited to the original purchase price of the Product and will not include any incidental costs and/or work and/or charges applied by any third party. We reserve the right to replace or repair any Product at our option. Products supplied correctly in accordance with the terms and conditions may not be returned by you for credit.
6.3 What we will not be liable for.
We will not be liable for any loss or damage that:
(a) results from your act, omission, negligence or default;
(b) is not a natural and direct result of our act, omission, or default of that of our employees or agents;
(c) the economic loss or damage (including loss of profits, business, income, goodwill or other financial loss);
(d) results from any claim whatsoever unless written notice of such claim is provided to us within three months of the respective cause of action arising.
We will not be liable to you if we are prevented from doing anything we have said we will do under this agreement because of anything we cannot reasonably control (for example, due to vehicle breakdown, our suppliers not providing us with Products, our inability to temporarily obtain labour and industrial disputes).
This condition 6 will remain in force and effect despite any breach of this agreement by us and will continue to apply even if you end this agreement as a result of our breach.
7. Product specifications
Any and all offers are made subject to the availability of stock and quantity remaining in stock at the time of order. Specifications may vary from images shown and colours are an interpretation only. We reserve the right to change designs, styles, sizes and add or remove any item, style, size or quantity without notice. Prices are correct at the time of publication and are subject to change without notice. If an item is not available to the exact design shown on the website or our Product literature we reserve the right to supply the nearest alternative.
7. Conditions applicable if you are purchasing via our website.
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content of services available through it, including your access to it. We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside of the UK. We make no representation whatsoever about any of the websites which you may access through our website or which may link to our website.
8. What else should you know?
Ineffective terms or conditions. If a court or a competent body decides that any part of this agreement (including any exclusion, restriction or limitation of liability) is invalid or ineffective, then the rest of the agreement will not be affected. If as a result of any decision we then become liable for loss or damage that we would not otherwise have been liable for then that loss or damage will be subject to all unaffected parts of this agreement (including all unaffected exclusions, restrictions, or limitations).
9. Governing Law
The laws of England and Wales will apply to this agreement. Any legal proceedings in connection to the agreement must be brought within the United Kingdom.
If we do not insist on any right under this agreement we may still insist on that right at a later date.
We may assign or transfer any of our rights or responsibilities under this agreement at any time. You may not assign or transfer any of your rights or responsibilities under this agreement without our prior written consent.
12. Sub contracting
We may sub-contract at our performance of the provision of the Product.
Rights of Third Parties (Act 1999). This act will not apply to this agreement.
14. Signing this agreement.
We are entitled to assume that the person signing this agreement on your behalf is duly authorised to bind you legally to your responsibilities, obligations and liabilities under it.
15. Data Protection
The information you provide to us will be processed by us in accordance with legislation.
Agreement means these Conditions and the Order Confirmation together with any variation agreed since these Conditions.
Order Confirmation means the Order Confirmation sheet attached to these Conditions setting out the customer name
Product Specification means price and delivery time.
Special Order defined in clause 4.4.