Any statutory consumer rights enjoyed by you are not affected in any way by these terms and conditions of sale.
1. INTRODUCTION
1.1 These terms and conditions will apply when you place your order with us.
1.2 These terms and conditions make repeated use of certain terms which we have defined in condition 12.
1.3 Before you place your order, we reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website and it is your responsibility to read these terms and conditions on each occasion you use this website.
1.4 Please print these terms and conditions and any email we send you for future reference.
2. SPECIFICATION OF GOODS
2.1 Using the Measuring Guide, it is your responsibility to provide us with exact measurements, suitable for your requirements. We shall not be responsible for your inaccurate measurements. 2.2 All sizes and measurements stated by us in relation to the goods are approximate only.
2.3 We are unable to guarantee that the materials in the goods delivered to you:
Accurately reflect the colours displayed on this website, due to variations in light and colour between different computer monitors
Will be the same from one item to another in the case of matching sets, due to slight variations in dye lots.
2.4 If an accurate colour matching is required, we recommend that you order a sample from us before placing your order.
3 PRICE AND PAYMENT
3.1 The price you pay is the price displayed on this website at the time we receive your order. Any price displayed on this website shall be subject to change at any time.
3.2 All prices are shown in UK £s sterling and include value added tax (where applicable) at the applicable current rate.
3.3 Whilst we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.
3.4 Title to any goods shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.
4 ORDER PROCESS AND CONTRACT FORMATION
4.1 The steps required to create a contract of sale between you and us are as follows:
on this website, you will be guided through the process of placing your order by a series of simple instructions
you will place your order by pressing the order confirmation buttons during the check out process;
because many of our goods are custom made to your specifications, we take payment from you at the time you place your order, using the credit or debit card details supplied by you during the checkout process. Please note that this payment is not an acceptance by us of your order or evidence of any contract;
Your order is always subject to our acceptance;
Where delivery of the goods is made to mainland UK and Northern Ireland, acceptance of your order and the completion of the contract between you and us will only take place when we issue your order acceptance email detailing the goods and the price and a reference to these terms and conditions;
Where delivery of the goods is made to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, and the Republic of Ireland, acceptance of your order and completion of the contract between you and us will only take place when we have agreed with you and processed any additional delivery charges.
5 DELIVERY
5.1 Delivery of goods can only be made to mainland UK and Northern Ireland addresses. Subject to condition 4.1(f), we can also deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses and the Republic of Ireland. For the avoidance of doubt, delivery to these locations shall always be made as part of a non standard delivery service.
5.2 All goods must be signed for by an adult aged 18 years or over on delivery.
5.3 Delivery charges and estimated timescales are detailed in this website and when you place your order. We make every effort to deliver your order within the estimated timescales communicated to you and in any event within 30 days of the date of order. However postal delays are occasionally inevitable due to unforeseen factors.
5.4 Risk of loss and damage to your order passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.
6 SUBSTITUTE GOODS
6.1 We will never supply you with substitute goods.
7 CANCELLATION RIGHTS AND RETURNS
7.1 Where the goods are “made to measure” you shall have no right to amend or cancel your order, return the goods or seek any refund of the price paid by you from us. This is because when we receive your order, the manufacturing process begins immediately and the goods are manufactured to your exact specification. Accordingly, pursuant to Regulation 13(1)(c) of the Consumer Protection (Distance Selling) Regulations 2000, conditions 7.2, 7.3 and 7.4 shall not apply in this case.
7.2 Where condition 7.1 does not apply, you may cancel your order no later than 21 days after the date of delivery of the goods by delivering a cancellation notice to our returns address us at:
E-Traks Ltd, First Floor 4 Thorpe End, Melton Mowbray, Leicestershire LE13 1RB
7.3 If you cancel your order:
you must at your own cost and expense, return the goods to us at our returns address detailed in condition 7.2, unless they are not of satisfactory quality, fit for purpose or as described within the meaning of the Sale of Goods Act 1979 in which case:
we shall arrange for the goods to be collected from you at our own cost and expense: or
we will reimburse you the reasonable delivery costs incurred by you in returning the goods to us.
You must re-pack and take reasonable care of the goods whilst they are in your possession.
Within 30 days of your cancellation of your order, we shall provide you with a refund of the price paid for the goods, less any price paid by you a non standard delivery service.
8 GUARANTEE
8.1 All of our goods are guaranteed against defects in manufacture and material from delivery for a period of:
- 3 years (excluding batteries)
- 10 years for Shuttle curtain track
8.2 Should any defect arise during any warranty period, we shall at our expense, repair or replace the defective goods (or any part of them) on a like for like basis, provided that the defect has not arisen as a result of:
- fair wear and tear;
- misuse or abuse;
- non domestic or business use;
the goods being installed except as otherwise in accordance with accompanying written instructions or good industry practice.
9 GENERAL
9.1 Any contract between you and us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.
9.2 Our maximum liability to business users arising out of or in connection with the goods shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
10 DATA PROTECTION
10.1 Your privacy is very important to us. Please review our Data Protection and Cookies Policy which explains how we will use your personal information that you disclose to us when placing the order.
11 ABOUT US
11.1 Company number 08175200 which has its registered office is at 3 Castlegate, Grantham, Lincolnshire, NG31 6SF.
11.2 Our VAT registration number is 140 6774 16
11.3 If you have any questions regarding this website, these terms and conditions, or your order, please contact us using the Contact Form on the contact us page
DEFINITIONS
12.1 In these terms and conditions: “we”, “us” or “our”: means e-Traks Ltd (registered in England with company number 08175200);
“goods”: means the goods confirmed in our order acceptance email;
“order”: means your order used, using this website, to purchase goods from us;
“website”: means this website with the address www.e-traks.co.uk;
“you” or “your”: means you, the user of this website and/or purchaser of the goods;
TERMS OF USE OF THIS WEBSITE
1. INTRODUCTION
1.1 These terms of use form the basis upon which you are entitled to access this website.
1.2 Please read this page carefully. If you do not agree with the contents of these terms of use, do not utilise this website.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Unless otherwise acknowledged by us, all proprietary and other intellectual property rights (including any copyright, trade mark, design right and database right) in this website, belong to us and are reserved.
2.2 We grant to you, a non-exclusive, royalty free licence to access this website from a single computer at any one time, subject to these terms of use.
3 RESTRICTIONS
3.1 For the avoidance of doubt you shall not, without our prior written consent, be entitled to:
copy, adapt, store or distribute this website;
redistribute or resell this website;
make any attempt whatsoever to reverse compile, re-engineer, hack or crack any part of this website;
utilise this website in a manner, which is not strictly in accordance with accepted internet usage standards and protocols.
4 LINKS TO THIS WEBSITE BY YOU
4.1 Any implied licence to access this website or its content by way of hypertext link, deep-linking, tagging or framing is explicitly revoked.
4.2 No party (including you) shall be entitled (nor shall you assist others) to set up links from any third party websites to this website, unless the said links are made directly to the home page of this website.
5 THIRD PARTY LINKS
5.1 This website contains hypertext links to third party websites. Such hypertext links are provided for reference purposes only.
5.2 We do not control or operate these websites, and shall not be responsible for their content, whatever that might be.
5.3 The inclusion of any hypertext links within this website shall not under any circumstances imply any such endorsement by us of the material on any such websites being linked too.
6 LIABILITY
6.1 This website is provided “as is” and on an “as available” basis without any representations of any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 In no event shall we be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses or damage sustained and arising out of or in connection with use of this website including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, consequential or special loss.
6.3 We do not warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs
6.4 We do not seek to exclude liability for death or personal injury.
6.5 Any statutory consumer rights enjoyed by you are not affected in any way by these terms of use.
7 JURISDICTION AND CHOICE OF LAW
7.1 These terms of use shall be governed by the laws of England and you shall submit to the exclusive jurisdiction of the English courts.
7.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
