Power Data Management Limited Terms and Conditions for Sale of goods online
These terms and conditions regulate the business relationship between you and us. If you offer or accept our offer for any goods, our contract is in the terms set out below.
We are: firstname.lastname@example.org
Our address is: Maywood St John, Maywood Drive, Camberley, Surrey, GU15 1LH
You are: The Customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Order” the telephone call, letter, fax, website order or e-mail from you detailing the Goods to be ordered.
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
2. Our contract with you
2.1. We may accept your order by telephone call / letter / website/ fax/ e-mail confirmation. Our message may also confirm details of your purchase and tell you when we shall dispatch your order. Our acceptance is when our contract is made.
2.2. The price of the Goods shall be the price ruling at the date of order.
2.3. If we do not have the Goods you order in stock, we will offer you alternatives or place on back order for you. If this happens, you may:
2.3.1. accept the alternatives we offer;
2.3.2. wait for the Goods you ordered to come in stock
2.3.3. cancel your order;
2.3.4. leave the order valid, but tell us to omit the out-of-stock item.
3. Price and Payment
3.1. You must pay us the full price of your order before we will send any part of it.
3.2. No payments shall be deemed to have been received until we have received cleared funds.
3.3. All displayed prices exclude VAT and are exclusive of all costs or charges in relation to loading, unloading, carriage and insurance.
3.4. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.6. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your goods within 30 days of receipt of payment for your order, we shall notify you to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods that you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7.1 We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
7.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
7.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract that is the subject of the dispute.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
9 Rights of third parties
Nothing in this agreement shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11 No Waiver
No waiver by us, in exercising any right, power or provision here under shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation.
13 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees, contractors, suppliers and all those involved in the supply chain to Power Data Management Limited.
14 Governing Law
This Agreement shall be governed by and the parties submit to the jurisdiction of the English Courts.