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This web site is operated by
Glowtec Limited (referred to
as "Glowtec/we/our/us"). As
user of this web site
(referred to as "you/your")
you acknowledge that any use
of this web site including
any transactions you make
("use/using") is subject to
our terms and conditions
below (which includes any
other important hyper-linked
sections e.g. Delivery and
Returns Policy, and Privacy
and Security Policy. Account
customers are subject to
Glowtec Limited’s Standard
Terms and Conditions of Sale
which are accepted by all
customers when opening the
account and are available on
request.
We recommend you read
through these terms and
conditions carefully before
using this web site, print a
copy for future reference
and read our Privacy and
Security Policy section
regarding your personal
information.
1.
General
1.1 We reserve the right to
change these terms and
conditions at any time. Any
such changes will take
effect when posted on the
web site (see date at the
top) and it is your
responsibility to read the
terms and conditions on each
occasion you use this web
site and your continued use
of the web site shall
signify your acceptance to
be bound by the latest terms
and conditions.
1.2 Our products are
provided for business users
only. You confirm that you
have authority to bind any
business on whose behalf you
use this web site
1.3 Certain web site
services will require
registration and subsequent
access to those services
will be subject to an
approved login name and
password ("Password
Details"). Information that
you provide on this web site
must be accurate and
complete. All Password
Details are accepted and may
be withdrawn at our sole
discretion and are exclusive
to you and non-transferable
and must be treated as
strictly confidential at all
times. In the event that you
have any concerns regarding
your Password Details or
become aware of any misuse
then you must inform us
immediately (see Contact Us
for more information and
full contact details).
2.
Order Processing
2.1 All orders that you
place on this web site will
be subject to acceptance in
accordance with these terms
and conditions.
2.2 We will send to you an
sales order invoice /
acknowledgement email
detailing the products you
have ordered. Please note
that this email is not an
order acceptance from
Glowtec Limited.
2.3 Acceptance of your order
and therefore the completion
of the contract between you
and us takes place on the
sending of a second email
informing you of imminent
despatch to you of the
products ordered, unless we
have prior notified you that
we do not accept your order
or you have cancelled it
(please refer to Delivery
and Returns Policy)
3.
Delivery
3.1 Delivery charges and
estimated timescale's are
specified in the Delivery
and Returns Policy section
and also when you place an
order. We make every effort
to deliver goods within the
estimated timescale's,
however delays are
occasionally inevitable due
to unforeseen factors.
Glowtec shall be under no
liability whatsoever for any
delay or failure to deliver
the products within
estimated timescale's.
3.2 Risk of loss of and
damage to products passes to
you on the date when the
products are delivered or on
the date of first attempted
delivery by the carrier.
4.
Payment
4.1 We take payment from
your card once we have
checked your card details
and stock availability.
Delivery is subject to
availability. In the event
that we are unable to supply
the goods, we will inform
you of this as soon as
possible. A full refund will
be given where payment has
been taken.
4.2 The price you pay is the
price (excluding vat) displayed on the web
site at the time we receive
your order. While we try and
ensure that all prices on
our web site are accurate,
however errors may occur. If we
discover any error in the
price of goods you have
ordered we will inform you
as soon as possible and give
you the option of confirming
your order at the correct
price or cancelling it. If
we are unable to contact you
we will treat the order as
cancelled. If you cancel
before acceptance of the
order (despatch notification
email) and you have already
paid for the goods, you will
receive a full refund,
unless your order was for
made-to-order goods (known
as special order items),
which are not eligible for
refunds. However, if such
goods have been through the
production process but not
yet despatched, a refund may
be offered at our
discretion, but would be
subject to a 25%
cancellation charge.
4.3 Payment can be made by
any method specified on the
checkout page. For
information about secure
on-line ordering see our
Payments page and our Privacy and Security Policy
4.4 Title to any products
you order on this web site
to pass to you on delivery
of the products provided
that we have processed and
received payment in full for
the products prior to
delivery to you. Title
for goods purchased through
a Purchase Order will not
pass to the customer until
payment has been received in
full.
4.5 All product prices are
subject to VAT at the
applicable current rate and
delivery charges (also
subject to VAT at the
applicable current rate)
unless expressly stated
otherwise.
5.
Returns, Cancellations and
Substitutions
5.1 For our policy on
returns, cancellations and
refunds or in the unlikely
event that you receive
faulty or damaged goods
please refer to our Delivery
and Returns Policy.
5.2 Sometimes product
specifications may change,
in which case we will do our
best to offer you a
substitute of the same or
better quality at the same
price.
6.
Intellectual Property
6.1 You acknowledge and
agree that all copyright,
trademarks and all other
intellectual property rights
in all materials and/or
content made available as
part of your use of this web
site shall remain at all
times vested in us or our
licensors. You are permitted
to use this material only as
expressly authorised by us
or our licensors.
6.2 You acknowledge and
agree that the material and
content contained within
this web site is made
available for your personal
non-commercial use only and
that you may only download
such material and content
for the purpose of using
this web site You further
acknowledge that any other
use of the material and
content of this web site is
strictly prohibited and you
agree not to (and agree not
to assist or facilitate any
third party to) copy,
reproduce, transmit,
publish, display,
distribute, commercially
exploit or create derivative
works of such material and
content.
7.
Liability and Indemnity
7.1 Nothing in these terms
and conditions excludes or
limits liability for death
or personal injury caused by
negligence, fraudulent
misrepresentation, or any
other liability which may
not otherwise be limited or
excluded under applicable
law.
7.2 Subject to 7.1 above,
Glowtec will use reasonable
endeavours to verify the
accuracy of any information
on the site but makes no
representation or warranty
of any kind express or
implied statutory or
otherwise regarding the
contents or availability of
the site or that it will be
timely or error-free, that
defects will be corrected,
or that the site or the
server that makes it
available are free of
viruses or bugs or
represents the full
functionality, accuracy or
reliability of the web site
Glowtec will not be
responsible or liable to you
for any loss of content or
material uploaded or
transmitted through the web
site and Glowtec accepted no
liability of any kind for
any loss or damage from
action taken or taken in
reliance on material or
information contained on the
site or for any loss or
damaged caused to you by
your computer equipment
caused by any such defects.
7.3 Subject to Section 7.1
above, other than as
expressly provided in these
terms and conditions with
respect to specific products
and except for the exclusive
remedies set out at Section
5 above, any indemnities,
warranties, terms and
conditions (whether express
or implied) are hereby
excluded to the fullest
extent permitted under any
applicable law.
7.4 Subject to Section 7.1
above, Glowtec will not be
liable, in contract, tort
(including, without
limitation, negligence), for
pre-contract or other
representations (other than
fraudulent
misrepresentations) or
otherwise out of or in
connection with the terms
and conditions for any
economic losses (including
without limitation loss of
revenues, data, profits,
contracts, business or
anticipated savings); or
loss of goodwill or
reputation; or special or
indirect losses suffered or
incurred by that party
arising out of or in
connection with the
provisions of any matter
under these terms and
conditions.
7.5 Notwithstanding the
above, subject to Section
7.1 Glowtec' aggregate
liability (whether in
contract, tort or otherwise)
for loss or damage shall in
any event be limited to a
sum equal to the amount paid
or payable by you for the
product(s) in respect of one
incident or series of
incidents attributable to
the same cause.
7.6 We will take all
reasonable precautions to
keep the details of your
order and payment secure,
but, unless we are
negligent, we cannot be held
liable for any losses caused
as a result of unauthorised
access to information
provided by you.
8.
Miscellaneous Provisions
8.1 The contract between us
shall be governed by the
laws of England and any
dispute between us will be
resolved exclusively in the
courts of England. English
is the only language offered
for the conclusion of the
contract.
8.2 Streamline Limited
processes all debit, credit
and charge card payments for
customers and will retain a
proportion of the
transaction value where a
card is used to purchase
goods or services. The
remaining amount will be
paid to Glowtec Limited for
the goods and services
supplied. The total amount
payable by all customers
regardless of the means of
payment will be the same.
8.3 Glowtec shall be under
no liability for any delay
or failure to deliver
products or otherwise
perform any obligation as
specified in these terms and
conditions if the same is
wholly or partly caused
whether directly or
indirectly by circumstances
beyond its reasonable
control.
8.4 To provide increased
value to our customers, we
may provide links to other
web sites or resources for
you to access at your sole
discretion. You acknowledge
and agree that, as you have
chosen to enter the linked
web site we are not
responsible for the
availability of such
external sites or resources,
and do not review or endorse
and are not responsible or
liable, directly or
indirectly, for (i) the
privacy practices of such
web sites, (ii) the content
of such web sites, including
(without limitation) any
advertising, content,
products, goods or other
materials or services on or
available from such web
sites or resources or (iii)
the use to which others make
of these web sites or
resources, nor for any
damage, loss or offence
caused or alleged to be
caused by, or in connection
with, the use of or reliance
on any such advertising,
content, products, goods or
other materials or services
available on such external
web sites or resources.
8.5 You may not assign or
sub-contract any of your
rights or obligations under
these terms and conditions
or any related order for
products to any third party
unless agreed upon in
writing by Glowtec.
8.6 Glowtec reserves the
right to transfer, assign,
novate or sub-contract the
benefit of the whole or part
of any of its rights or
obligations under these
terms and conditions or any
related contract to any
third party.
8.7 If any portion of these
terms and conditions is held
by any competent authority
to be invalid or
unenforceable in whole or in
part, the validity or
enforceability of the other
sections of these terms and
conditions shall not be
affected.
8.8 These terms and
conditions do not create or
confer any rights or
benefits enforceable by any
person that is not a party
(within the meaning of the
U. K. Contracts (Rights of
Third Parties) Act 1999)
except:
a) Glowtec shall have the
right to enforce any rights
or benefits under these
terms and conditions;
b) Glowtec shall have the
right to enforce and take
the benefit of the rights or
benefits of any limitation
or exclusion or limitation
of liability in these terms
and conditions;
c) a person who is a
permitted successor or
assignee under Section 8.8
above of the rights or
benefits of these terms and
conditions may enforce such
rights or benefits.
d) No consent from the
persons referred to in
Section 8.9 is required for
the parties to vary or
rescind these terms and
conditions (whether or not
in any way that varies or
extinguishes rights or
benefits in favour of such
third parties).
8.9 No delay or failure by
Glowtec to exercise any
powers, rights or remedies
under these terms and
conditions will operate as a
waiver of them nor will any
single or partial exercise
of any such powers, rights
or remedies preclude any
other or further exercise of
them. Any waiver to be
effective must be in writing
and signed by an authorised
representative of Glowtec.
8.10 These terms and
conditions including the
documents or other sources
referred to in these terms
and conditions supersede all
prior representations
understandings and
agreements between you and
Glowtec relating to the use
of this web site (including
the order of products) and
sets forth the entire
agreement and understanding
between you and Glowtec for
your use of this web site.
The Glowtec web site is
operated by
Glowtec Limited,
PO Box 431, Bury, Lancs. BL8
9ZL
Registered Company Number:
5299102
(Incorporated in England)
VAT Number:
913 1166 58
We recommend you print out a
copy of these terms and
conditions for your future
reference.
If you have any questions
regarding the Glowtec web
site please see the Contact
Us section for more
information and full contact
details. |
