TERMS & CONDITIONS
This
legal notice applies to the entire contents of this site under the domain
name www.higgsofficesupplies.co.uk (“Site”) and to any correspondence
by e-mail between any user of the Site (“You”) and INSTOCK
OFFICE SUPPLIES (A TRADING NAME OF HIGGS & CO (PRINTERS) LIMITED)
OF CAXTON HOUSE, STATION ROAD, HENLEY-ON-THAMES, OXON RG9 1AD (COMPANY
NUMBER
1418717) (INSTOCK”). Please read these Terms carefully
before using this Site and if You do not accept this notice in full,
You must
leave the Site. Using this Site indicates that you accept these Terms
regardless of whether or not you order goods from the Site.
1.
INTRODUCTION
1.1 This Site is controlled and operated from
within the United Kingdom. The laws of England and Wales apply
to the use of this Site and the materials contained herein. If
you choose to access the Site from another jurisdiction then you
do so on your own initiative and are responsible for compliance
with applicable local laws.
1.2 InStock may revise this legal notice at any time by
updating this posting. You should check this Site from time to time to review
the
then current legal notice, because it is binding on you. Certain provisions
of this legal notice may be superseded by expressly designated legal notices
or terms located on particular pages on this Site.
2. LICENCE
2.1 You are permitted to print and download extracts from
this Site for the purposes of placing an order with InStock on the following
basis:
2.1.1 no documents or related graphics on this Site are
modified in any way;
2.1.2 no graphics on this Site are used separately from
accompanying text; and
2.1. InStock copyright notice © InStock
2005 appears
in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Site (including without limitation
photographs and graphical images) are owned by InStock or its licensors. For
the purposes of this legal notice, any use of extracts from this Site other
than in accordance with paragraph 2.1 above for any purpose is prohibited.
If You breach any of the terms in this legal notice, your permission to use
this Site automatically terminates and You must immediately destroy any downloaded
or printed extracts from this Site.
2.3 Subject to paragraph 2.1, no part of
this Site may be reproduced or stored in any other Site or included in any
public or private electronic retrieval system or service without InStock prior written permission.
2.4 Any rights not expressly granted in these terms are
reserved.
3. ORDERS
3.1 All orders for goods shall be deemed to be an offer
by You to purchase goods pursuant to these Terms.
3.2 No order submitted by You, shall be deemed to be accepted
by Higgs unless and until InStock confirms acceptance of your order by e-mail
or (where applicable) by telephone.
3.3 InStock is entitled to refuse any order placed by You
and will not be required to provide an explanation.
4. GOODS
4.1 The goods may differ slightly from the images shown.
4.2 InStock reserve the right to substitute products of a
similar description and standard if the requested goods are not available
but will use reasonable endeavours to match your order exactly. In the unlikely
event of you receiving a substituted product You, shall be entitled to return
the goods for a full refund and InStock will be responsible for all delivery
costs associated with the return of substituted goods should these not be
acceptable to You.
5. PRICE
5.1 All prices on this Site are shown in UK pounds sterling.
The price of the goods will be the price quoted on the Site at the date the
order is received and will exclude VAT and delivery (see Clause 7 (Delivery)).
5.2 InStock reserves the right, by giving notice to You, at
any time before delivery to increase the price of the goods to reflect any
increase in the cost to InStock, which is due to any factor beyond our control
(such as without limitation, any foreign exchange fluctuation, significant
increase in the costs of labour, materials or other costs of manufacture).
5.3 In the unlikely event of there being such an increase
in the price of the goods, You shall be entitled to cancel the order at any
time before delivery.
5.4 If a product or service is listed at an incorrect price
due to typographical error or an error in the pricing information from our
suppliers and we reserve the right to cancel the contract. In these circumstances
you will not be entitled to any compensation for disappointment suffered
or for any losses which you might otherwise have incurred.
5.5 We accept payment by Mastercard, VISA, and Switch Maestro.
Payment is deducted when we process your order.
6. PAYMENT
6.1 When InStock provides any goods to You under these Terms,
payment will be charged to the debit/credit card account provided by You
on the Site order form www.instockofficesupplies.co.uk.
6.2 By placing an order You consent to payment being charged
to your debit/credit card account as provided on the order form.
6.3 Title to the goods will pass to You on payment in full
of the price of the goods.
7. DELIVERY
7.1 The goods will be delivered to the address at which
the paying debit/credit card is registered and all deliveries must be signed
for.
7.2 All items ordered before 5.30 p.m. will in most
cases be delivered the next working day. However, orders received
after 5.30 p.m., weekends and bank holidays will be delivered within
2 working days. In the case of furniture delivery, this may take
up to [two] weeks and InStock recommends that in the case of furniture
orders You contact us prior to placing the order to ascertain likely
delivery times. We deliver only to the UK main land, Scottish Highlands
and the Islands.
7.3 The risk in the goods shall pass to You upon such delivery
taking place.
7.4 Any dates quoted for delivery of the goods are approximate
only and InStock shall not be liable for any delay in delivery of the goods
however caused. If however InStock is unable to deliver goods by the date quoted
for delivery You shall be entitled to cancel the order at any time before
delivery takes place.
7.5 InStock shall not be liable to You for short delivery
of the goods however caused but will provide You with the outstanding goods
as soon as is reasonably practical. If however InStock has not delivered the
outstanding goods within 7 working days from the first date of delivery You
shall be entitled to cancel the order for the outstanding goods.
8. RIGHT OF CANCELLATION
8.1 If on placing an order you decide to cancel then this
may be done at any time before 3.30pm on the day the order is placed.
8.2 Where you have received goods then, subject
to the remaining provisions of this clause You can cancel your order
and return ordered goods at any time before or up to 7 working days
of the date of delivery. Goods should be returned to the address
given at the beginning of these Terms.
8.3 In order to cancel, your order product must be complete,
unused and in “as new” condition so that it can be resold. The
original seals of any pre-recorded video tapes, DVDs, CDs or mini-disk or
other similar items should not have been broken or tampered with. Any free
gifts received with the product must also be returned.
8.4 You will receive a full refund although you will be
responsible for all costs associated with the return of goods. Proof of posting
will not constitute proof of delivery.
8.5 You will not be able to cancel your order if:
8.5.1 there is a contract for services with the product
and you have started using these services;
8.5.2 the original seal has been broken or tampered with
on any DVDs, CDs, mini disk or other media; or
8.5.3 the goods were a special order to your specification.
9. RETURN OF GOODS
You should inspect the goods as soon after delivery as is reasonably practicable
and notify InStock of any shortages, defects in the goods or any other complaint
in respect of them within 2 working days from the date the goods were delivered.
10. VISITOR MATERIAL AND CONDUCT
10.1 You are prohibited from posting or transmitting to
or from this Site any material:
10.1.1 that is threatening, defamatory, obscene,
indecent, seditious, offensive, pornographic, abusive, liable to
incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which
may cause annoyance or inconvenience;
10.1.2 for which you have not obtained all necessary licences
and/or approvals;
10.1.3 which constitutes or encourages conduct that would
be considered a criminal offence, give rise to civil liability, or otherwise
be contrary to the law of or infringe the rights of any third party, in the
UK or any other country in the world; or
10.1.4 which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data).
10.2 You may not misuse the Site (including, without limitation,
by hacking).
10.3 InStock will fully co-operate with any law enforcement
authorities or court order requesting or directing Higgs to disclose the
identity or locate anyone posting any material in breach of paragraphs 10.1
or 10.2.
11. LINKS TO AND FROM OTHER SITES
Links to third party Sites on this Site are provided solely for your convenience.
If you use these links, you leave this Site. InStock has not reviewed all of
these third party Sites and does not control and is not responsible for these
Sites or their content or availability. InStock therefore does not endorse or
make any representations about them, or any material found there, or any results
that may be obtained from using them. If you decide to access any of the third
party Sites linked to this Site, you do so entirely at your own risk.
12. WARRANTY
12.1 You warrant that all details provided on the order
form for the purpose of purchasing the goods are correct, that the credit
card You are using is your own and that there are sufficient funds and/or
sufficient unused limit available to cover the cost of the goods.
13. LIMITATION OF LIABILITY
13.1 InStock will use all reasonable
endeavours to carry out its obligations within a reasonable period of time
but (subject to Clause
13.3) will not be liable to You for any loss, costs or expenses arising directly
or indirectly from any delays in doing so and InStock will
not be deemed to be in breach of the terms by reason of any delay in performing,
or any failure
to perform, any of its obligations in relation to these Terms, if the delay
or failure was due to any cause beyond InStock's
reasonable control. Without prejudice to the generality of the foregoing,
the following
will
be regarded as causes beyond our reasonable control:
13.1.1 Act of God, explosion, flood, tempest, fire or accident;
13.1.2 War or threat of war, sabotage, civil disturbance
or requisition;
13.1.3 Acts, restrictions, regulations, bye-laws, prohibitions
or measures of any kind on the part of any governmental, parliamentary or
local authority;
13.1.4 Import or export regulations or embargoes;
13.1.5 Strikes, lock outs or other industrial actions or
trade disputes;
13.1.6 Difficulties in obtaining raw materials, labour,
fuel, parts or machinery; or
13.1.7 Power failure or breakdown in machinery.
13.1.8 Defective or delayed deliveries from sub-suppliers.
13.2 If InStock is prevented from carrying out its obligations
in the circumstances referred to in 13.1.1 to 13.1.8, it will notify You
in writing. If InStock is still prevented from carrying out its obligations
3 weeks from the date such notice was sent, then either party may give written
notice to the other cancelling any contract. If any contract is cancelled
in this way Higgs accepts no liability to compensate You for any loss or
damage caused by failure to perform.
13.3 Nothing in these Terms excludes or limits our liability
for death or personal injury caused by liability for fraudulent misrepresentation
or any other liability, which may not be limited or excluded under any applicable
law.
13.4 Subject to section 13.3 above, other
than as expressly provided in these InStock,
with respect to specific products any indemnities, warranties, terms and
conditions (whether express or implied)
are hereby excluded to the fullest extent permitted under any applicable
laws. InStock' aggregate liability (whether
in contract tort or negligence) shall in respect of each event or series
of connected events be limited to
the amount paid by You for any goods ordered. Notwithstanding the foregoing,
in no circumstances shall InStock be liable to You or any third party for loss
(whether direct or indirect) of profits, business, anticipated savings, goodwill
or reputation or any indirect, special or consequential loss or damage even
if InStock shall have been advised of the possibility of such loss or damage.
14. SITE
14.1 All drawings, descriptive matter and specifications
of the goods on the Site are for the sole purpose of giving an approximate
description of the goods.
14.2 InStock may also change, suspend or discontinue
any aspect of the Site, including the availability of any features,
information, database or content or restrict access to parts or all
of the Site without notice or liability.
14.3 InStock may from time to time change, alter, adapt, add
or remove portions of these Terms but if Higgs does so Higgs will post any
such changes on the Site and such change will come into effect on the date
it is posted on the Site.
14.4 While InStock endeavours
to ensure that this Site is normally available 24 hours a day access to this
Site may be suspended temporarily
and without notice in the case of system failure, maintenance or repair or
for reasons beyond InStock' control and InStock shall not be liable if this Site is unavailable at any time.
14.5 While InStock endeavours to ensure that the information
on this Site is correct, InStock does not warrant the accuracy and completeness
of the material on this Site. InStock may make changes to the material on this
Site, or to the products and prices described in it, at any time without
notice. The material on this Site may be out of date, and InStock makes no
commitment to update such material.
14.6 Subject always to clause 14.2, InStock excludes all liability
and responsibility for any amount or kind of loss or damage that may result
to You or a third party in connection with the use, inability to use or the
results of use of this Site, including but not limited to loss or damage
due to viruses that may infect your computer equipment, software, data or
other property on account of your access to, use of, or browsing this Site
or your downloading of any material from this Site or any sites linked to
this Site.
15. QUERIES AND COMPLAINTS
15.1 InStock aims to respond to instock@higgsgroup.co.uk,
faxed and written queries within 5 working days.
15.2 In respect of complaints, InStock will consider the nature
of the complaint and will contact You within 21 days of the complaint giving
You the result of the enquiries and what we propose should be done.
16. GENERAL
16.1 If any provision of these Terms is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity
of the other provisions of these Terms and the remainder of the provision
in question will not be affected.
16.2 You may not assign or sub-contract any of your rights
or obligations under these terms without the prior written consent of Higgs.
InStock may assign its rights and obligations under these terms to any present
or future company belonging to the group of companies of which InStock is a
part.
16.3 These terms supersede all prior representations, understandings
and agreements between You and InStock relating to the use of this Site (including
the order of Products) and form the entire agreement between You and InStock for the use of this Site and the purchase of goods from this Site.
16.4 This legal notice shall be governed by and construed
in accordance with English law. Disputes arising in connection with this
legal notice shall be subject to the exclusive jurisdiction of the English
courts.
16.5 Amendments to these Terms can only be made when authorised
in writing by a director of Higgs.
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