Terms & Conditions
TAWSA WEBSITE TERMS AND CONDITIONS
1.0 Use of our online shop at www.safetysuppliesdriect.co.uk is governed by these terms and conditions.
1.1 We may amend these terms and conditions from time to time.
2.0 ABOUT US AND OUR WEBSITE
2.1 This website is operated by Tawsa Ltd. Unit 47a, Upcott Avenue, Pottington Business Park, Barnstaple. EX31 1HN. Company number 05984403.Trading as Safety Supplies Direct.
3.0. Age restrictions
3.1 Some products may be age-restricted, we are prohibited by law from selling these to you unless you are at least 18 years old. Where an age restriction applies, and you place an order, you give us your assurance that you are over 18 years old.
4.0 Images and Videos.
4.1 Images of the products on this website are illustrative only.
4.2 We make all reasonable efforts to ensure our images and media represent accurately the product they depict, however the actual product may differ due to updates and improvements made by the manufacturer. Any depictions of products in use are shown for artistic purposes only and should not be used as guidance.
5.0 Use of products
5.1 Some products have manufacturer's specifications, brochures and/or safety guides which provide guidance for the correct use and application of the relevant product. Such specifications, brochures and/or safety guides are produced by the manufacturer and are, to the best of our knowledge, correct at the point at which they were first supplied to us. However, such specifications, brochures and/or safety guides may be subject to change from time to time.
6.0 Selection of products
6.1 You are responsible for selecting products that are suitable for purpose, and for using products in accordance with any relevant manufacturer's specifications.
7.0 Purchase process
7.1 All products shown are subject to availability. If the item you have ordered is not available or subject to a delay outside our normal conditions we will inform you as soon as possible and we will not process your order further unless you wish us to do so.
7.2 If you are unsure about how to order on this website please contact us for guidance before proceeding.
7.3 Our online order process allows you to review your order during the order process and you have the opportunity to modify it before submitting the order.
7.4 You are responsible for ensuring the accuracy of each order you submit. If you submit an order in error please contact us as soon as possible.
7.5 The order process will ask you to tick a box to indicate that you accept our terms and conditions. If you do not accept these terms and conditions, you will not be able to order products from our website.
7.6 Once you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted only that is has been received by us.
7.7 Orders placed on Saturdays or Sundays or on any public holiday will not be processed until the next business day in the UK.
7.8 If you are purchasing products for business purposes, you confirm that you have authority to bind any business on whose behalf you are ordering the products.
7.9 Payment
7.9 We must receive full payment both of the price of the products and any delivery charges before we can accept any orders unless:
7.9.1 you are purchasing the products for business purposes using a trading account which you have in place with us; and
7.9.2 we have agreed to accept your order before payment is made.
8.0 Order conformation.
8.1 We will confirm our acceptance of your order by sending you an e-mail.
8.2 The contract for the sale and purchase of the products ordered by you will only be formed and become binding when we send you this confirmation email. The contract that is formed will include these terms and conditions.
8.3 Please note that the contract formed between you and us and all communications regarding it shall be in the English language.
9.0 Fulfilling your order.
9.1 If we are unable to supply you with a product, for example because that product is not in stock or available or due to an error on our online shop, we will notify you of this by e-mail and we will not process your order. If you have already paid for the product or products, we will refund you the full amount as soon as possible and in any event within 14 days of the date of your order.
10.0 Price and delivery charges
10.1 The prices of the products will be as shown on our online shop. All our prices are shown in British Pounds Sterling (GBP) and are either inclusive of VAT or the amount of VAT payable is separately shown but must be added.
10.2 If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you paid for the products in full before the change in VAT takes effect.
10.3 Prices may change and offers may be withdrawn at any time, this will not affect any orders which we have accepted by sending the confirmation email.
10.4 The price of a product does not include delivery charges. Delivery charges are as quoted on our online shop from time to time.
10.5 Despite our reasonable efforts, some of the products on our online shop may from time to time be incorrectly priced. We will normally check prices as part of our order process so that:
10.5.1 Where the correct price of the product is less than the price stated on our online shop, we will charge the lower amount when dispatching the products to you.
10.5.2 Where the correct price of the product is higher than the price stated on our online shop, we do not have to provide the products to you at the incorrect (lower) price. In these circumstances, we will contact you as soon as possible to inform you of this error. You will then have the option to cancel the order and receive a full refund if you have already paid the stated price to us or to continue to purchase the product and pay the correct price. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing to this effect.
11 Discounts
11.1 We may offer promotions and discounts from time to time.
11.2 We reserve the right to withdraw a promotion at any time.
12 How to pay.
12.1 If you are purchasing products as a consumer, you can only pay for products using a debit or credit card and your card will be debited for all relevant charges, including delivery, at the same time as we accept your order before the products ordered are dispatched.
12.2 If you are purchasing products for business purposes, you can pay for products by debit or credit card or, if your business has an active trading account registered with us, on account. For more information about setting up a trading account, please complete our online application or call us on 01271 377558.
12.3 Details of payment types accepted are displayed on our website.
13 Consumers' right to return products
13.1 This clause only applies if you are purchasing products as a domestic consumer. It does not apply to businesses.
13.2 Details of your legal right to cancel under the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and an explanation of how to exercise it are set out in this clause 13.
13.3 Except as provided in clause 13.5, you have the right to cancel any order you place with us within 14 days from the date that you (or any person identified by you in your order) receive the products ordered without the need to provide a reason. Outside this 14 day period, you do not have the right to return the products unless they are faulty (in which case clause 16 shall apply) or you have obtained our prior written consent to return the products, (in which case clause 9 shall apply).
13.4 Where your order consists of multiple products which are being delivered to you on different days then your right to cancel the order expires 14 days from the date on which you received the last of the products ordered. After this period your right to cancel expires.
13.5 Please note this cancellation right does not apply and we do not offer any refunds in respect of:
13.5.1 Any made-to-measure or custom-made products or products made to your specification or clearly personalised;
13.5.2 Any products which are liable to deteriorate or expire rapidly;
13.5.3 any sealed products which cannot be returned due to health protection or hygiene reasons if they have been opened or unsealed by you; or
13.5.4 any products which have been mixed inseparably with other items by you after delivery.
13.6 To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period stated above by any of the following methods:
13.6.1 by sending an e-mail to orders@safetysupliesdirect.co.uk.
13.6.2 by sending a letter to us by post to Safety Supplies Direct, Unit 47a, Upcott Avenue, Pottington Business Park, Barnstaple, Devon. EX31 1HN
13.7 If you cancel a contract where products have been delivered, you must return to us the affected items.
13.7.1 Send the products to the following address within 14 days of the date that you received the products to: Safety Supplies Direct, Unit 47a, Upcott Avenue, Pottington Business Park, Barnstaple, Devon. EX31 1HN
13.8 We strongly suggest that products are sent by registered post with your local post office or by courier so that you can track the items and that you always retain evidence of posting and the tracking number until the purchase price has been refunded.
13.9 You are liable for paying the return delivery costs unless you are returning the products because they are faulty.
14.0 Refunds
14.1 If you cancel your order in accordance with clause 13 of these terms and conditions, you will receive a full refund of the price you paid for the products except in the circumstances described in clause 14.2. Please note that we are not obliged to refund any supplementary costs paid by you if you chose a type of delivery other than the least expensive type of standard delivery offered by us.
14.2 You have a legal obligation to take reasonable care of the items while they are in your possession and are responsible for the risk of damage during transport. If on inspection of the returned products we believe that they have been damaged or their value have been diminished as a result of your handling of the products beyond what would have been necessary to establish the nature, characteristics and functioning of the products or if the products have been damaged in transit then we may deduct an amount equal to the damage or diminishment in value from the refund owed to you.
14.3 We will process the refund due to you as soon as possible and, in any case, no later than:
14.3.1 14 days after the day we receive the returned items from you; or
14.3.2 if earlier, 14 days after the day you provide us with evidence that you have returned the items; or
14.3.3 if you are not yet in receipt of the items, 14 days after the date on which you have informed us that you wish to cancel.
14.4 We will make the refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not be charged by us as a result of the reimbursement.
15 Other consumers' returns
15.1 This clause only applies if you are purchasing products as a consumer.
15.2 If you wish to cancel a contract or return products after the expiry of the cancellation period in clause 8 (see clauses 8.2 and 8.3) you can only do so with our consent. Where we consent to you cancelling and returning products to us, you must:
15.2.1 Ensure that the products which are sent back to us are in good condition; and
15.2.2 Pay a restocking charge for the return which charge shall be a sum equal to 20% of the invoice value of the products being returned.
16. Consumers' legal rights
16.1 If you are purchasing products as a consumer, we are legally required to supply products which conform to our contract with you. As a consumer you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in these terms and conditions.
17. Business right to return products
17.1 Clause 17 only applies if you are purchasing products for business purposes.
17.1.1 Our normal practice is to replace any product which, on delivery to you, is not in a usable condition. No handling charge will be made in these circumstances. Before offering a replacement, we may require you to return the product to us at your own expense for examination. If we ask you to return a product for examination you must ensure the product is clean and adequately packaged.
17.2 Other than as described in clause 17.1.1 above, no products may be returned to us by you or a third party nominated by you without our prior written consent. Where we consent to you returning products to us, you must:
17.2.1 Ensure that the products which are sent back to us are in good condition; and
17.2.2 Pay an administrative handling charge for the return which charge shall be a sum equal to 20% of the invoice value of the products being returned.
18. Delivery
18.1 We aim to send you your order within the delivery timescale we specify, unless we are prevented from doing so by any events outside of our reasonable control.
18.2 Delivery of your order will be completed when we deliver the products to the delivery address you gave us when placing your order.
18.3 If there is nobody available to take delivery at the delivery address you have given us, you will be notified by us or the carrier.
18.4 Delivery charges shown on this website are for England, Wales and Scotland delivery only, excluding offshore islands, Northern Ireland, Republic of Ireland, mainland Europe and the Rest of the World.
18.4.1 Where free delivery is offered this only applies to delivery to addresses within England, Wales and Scotland, excluding offshore islands, Northern Ireland, Republic of Ireland, mainland Europe and Rest of World
19. Responsibility for and ownership of the products for consumers
19.1 This clause only applies if you are purchasing products as a domestic consumer.
19.1.1 You are responsible for loss or damage to products you have ordered on delivery of those products.
19.1.2 You will not own the products until we have received your payment in full for the products, including all applicable delivery charges and full payment of all other amounts owed by you to us in respect of any other orders for products between you and us.
20. Responsibility for and ownership of the products for businesses
20.1 Risk of loss or damage to the products shall pass to you at the time of delivery of the products.
20.2 We will still own the products outright, regardless of delivery, until you have paid us in full for those products and the VAT thereon, and all other sums due from you to us at that time and it is at this point that ownership will transfer to you. We may attribute money received from you as being payment for any products supplied by us as we think fit, regardless of the circumstances.
20.3 While we still own any of the products, you:
20.3.1 will hold those products as our trustee and guardian as our property on our behalf.
20.3.2 may use or resell those products on your own account in your ordinary course of trade, but this right will terminate immediately (without prejudice to our other rights) if any step occurs towards any of the Insolvency Events as mentioned in clause 20.4 below;
20.3.3 You may not otherwise deal with, pledge, encumber, sell or dispose of those products.
20.4 If you become insolvent, unable to pay debts, cease to trade, have a receiver appointed over any of your assets, have an administrator appointed, enter into any composition with creditors generally, or are wound up ("Insolvency Events") or any step is taken towards any of the Insolvency Events or if you are overdue in any payment due, all sums shall become immediately due and payable and we may, by immediate notice to you, terminate the your right (if still subsisting) to use or resell the products still owned by us, terminate the contract between you and us for the products, suspend or cancel any deliveries, and we shall be entitled upon demand to the immediate recovery of all those products. You irrevocably give us authority to enter any place to recover those products. Such recovery shall not cancel your obligation to pay the price for those products, provided that we shall make a fair allowance for the value of any products which we have recovered.
21 International delivery
21.1 We only deliver to addresses outside the UK where the value of the order exceeds £500.00
21.2 If you order products from our online shop for delivery outside the UK, your order may be subject to additional import duties and taxes which are applied when the delivery reaches that destination. These must be confirmed by you as we have no control over these charges and cannot predict their amount.
21.3 You will be responsible for payment of any applicable import duties and taxes and you should contact your local customs office for further information before placing your order.
21.4 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
22. Recalls
22.1 In the event that it is necessary for us to initiate a recall of certain products, you shall cooperate with us in such recall and shall promptly return the affected products.
23 Our liability if you are a domestic consumer
23.1 This clause only applies if you are purchasing products as a consumer.
23.2 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.
23.3 We only supply the products to consumers for domestic and private use. You agree not to use the product for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
23.4 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.
24 Our liability if you are a business
24.1 This clause only applies if you are purchasing products for business purposes.
24.2 Any claims for non-delivery of products which you have ordered must be made in writing to us within 10 days of the delivery timescale we gave you.
24.3 Any claims for shortages in deliveries or damage to products must be made in writing to us within 3 days of receipt by you of the products.
24.4 We shall only be liable to you in respect of claims notified to us in accordance with these terms and in particular clauses 24.2 and 24.3 above.
24.5 Our liability for any claims arising out of or in connection with a contract, the products, any delay or failure to supply the products, any defects in the products or in any other way related to the products or our contract concerning the products, however arising shall be limited in respect of all claims in aggregate to a sum equal to the price paid (exclusive of VAT) by you for the affected products under the individual contract.
24.6 Notwithstanding any other provision of these terms, but subject to clause 19.8, we shall have no liability to you or your business however arising out of or in connection with the products, any delay or failure to supply the products, any defects in the products or in any other way related to the products or our contract concerning the products for any:
24.6.1 Direct or indirect loss of or damage to:
24.6.1.1 Profit;
24.6.1.2 Revenue;
24.6.1.3 Business;
24.6.1.4 Contract, loss of other contracts or of production or other downtime;
24.6.1.5 Loss of bargain;
24.6.1.6 Opportunities;
24.6.1.7 Anticipated savings;
24.6.1.8 Data;
24.6.1.9 Goodwill;
24.6.1.10 reputation;
24.6.1.11 use;
24.6.2 Indirect or consequential loss or damage; or
24.6.3 Claim arising out of a claim against you or your business by a third party.
24.7 You agree that each of the sub-clauses in clause 19.5 and each of the sub-paragraphs 19.5.119.5.1(a) to 19.5.1(k) in sub-clause 19.5.1 constitute separate terms and the introductory wording of clause 19.5 shall be applied to each of them separately. If there is any claim or finding that any such individual sub-clause or sub-paragraph is unenforceable for any reason, such unenforceability shall not affect any other provision within clause 19.5 or otherwise.
24.8 The term "however arising" when used or referred to in clause 19 covers all causes and actions giving rise to the liability on our part arising out of or in connection with the products, any delay or failure to supply the products, any defects in the products or in any other way related to the products or our contract concerning the products including (i) whether arising by reason of any misrepresentation, negligence, breach of statutory duty, other tort, repudiation, renunciation or other breach of contract, restitution or otherwise; or (ii) whether caused by any total or partial failure or delay in supply of the products or defective products.
24.9 The exclusions and limitations of liability contained in these terms shall apply regardless of whether the loss or damage was foreseeable or whether you notify us of the possibility of any greater loss or damage but no such exclusion or limitation shall apply to the extent prohibited or limited by law and in particular nothing in these terms shall affect liability:
24.9.1 for death or personal injury caused by negligence to the extent prohibited by the Unfair Contract Terms Act 1977;
24.9.2 for fraudulent misrepresentation or other fraud;
24.9.3 for any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
24.9.4 to the extent prohibited by the Consumer Protection Act 1987.
24.10 These terms, together with those in any document referred to, constitute the entire agreement and understanding between you and us and supersede any previous agreement or understanding we may have regarding each contract.
24.11 You acknowledge and agree that subject to clause 24.9.2:
24.11.1 in placing orders and entering into contracts you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty (in each case whether negligently or innocently made), or understanding of any person which is not expressly set out in these terms (or other documents referred to); and
24.11.2 the only remedy available to you for breach of any statement, representation or other term that is expressly set out in these terms (or other documents referred to) shall be for breach of contract under the terms of the relevant contract.
25. EVENTS OUTSIDE OUR CONTROL
25.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our reasonable control for example failures by third parties to supply us with products, strikes, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or transport methods including severe congestion.
25.2 If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and our obligations to you shall be suspended for the duration of the event outside our control. If this affects our delivery of products to you, we will arrange a new delivery date with you as soon as we are able to confirm this.
26. HOW WE USE YOUR PERSONAL INFORMATION
We will only use personal information provided by you in accordance our Privacy Policy.
27. IMPORTANT TERMS
27.1 We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights under these terms and conditions.
27.2 You may only transfer your rights or your obligations under these terms and conditions to another person or entity if we agree in writing.
27.3 The contract for the purchase of the products is between you and us. No other person shall have any rights to enforce any of its terms.
27.4 Each clause of these terms and conditions are separate and if any court or relevant authority decides that any of them are unlawful or unenforceable, the other clauses will remain in full force and effect.
27.5 If we do not insist that you perform any of your obligations under these terms and conditions, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
27.6 These terms and conditions are governed by English law.
27.7 If you are a consumer it is agreed that the English courts shall have non-exclusive jurisdiction to deal with any dispute or claim arising out of or in connection with any product or these terms and conditions. If you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.
28.8 If you are a business it is agreed that the English courts shall have exclusive jurisdiction to deal with any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with a contract, its formation or any product or other subject matter.