Terms and Conditions of sale to Consumers By Accu Limited
1. These Terms:
1.1 What these terms cover. These are the terms and conditions on which we supply products to you. Please read these terms carefully before you place an order with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2 Who these terms apply to. These terms apply to any customer who purchases products in from us in the capacity of a consumer. They do not apply to business customers, to which different Trade Customer Terms and Conditions will apply. These terms will apply where there is a sale via our website or a sale which we agree via telephone and/or email. If you place an order with us by any of these means, you agree to be legally bound by these terms and conditions.
1.1 In these terms: · We, us or our means Accu Limited; · Site means our website at www.accu.co.uk; and · You or your means the person using our Site to buy products from us. · If you don’t understand something in these terms and want to discuss them with us, you can contact us using the details set out at clause 2.2 below.
2 Information About Us and How to Contact Us
2.1 Who we are. We are Accu Limited a company registered in England and Wales. Our company registration number is 08016434 and our registered office is at Hagg Wood Stone Quarry, Woodhead Road, Huddersfield, HD9 6PW. Our registered VAT number is GB136780105.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01484 937010, emailing us at email@example.com, or by sending us a message via the live chat button on our Site.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we send our order acknowledgement email to you (Order Acknowledgment), at which point a contract will come into existence between you and us.
3.2 If we cannot process your order. If we are unable to process your order, we will inform you of this and will not charge you for the product (or we will issue a refund for any amounts already paid for the products). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order which we will provide to you in our Order Acknowledgement. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Where we sell goods. Unfortunately, we do not deliver to some remote or international delivery addresses. If you require delivery to any such address, our Site will likely not allow you to place your order. If you do place an order to an address we do not or cannot deliver to, we will inform you that we cannot accept your order and will not charge you for the order (or if the order has already been paid for we will issue a refund).
4 Our Products
4.1 Products and packaging may vary slightly from their pictures. The images of the goods on our Site are for illustrative purposes only and the product and packaging may vary slightly from that shown in the images.
4.2 Making sure your measurements are accurate. If we are amending or making the goods to measurements you have given us (for example if you ask us to cut a product to a particular non-standard size) (bespoke amendments) you are responsible for ensuring that these measurements are correct. If you need any assistance in relation to any bespoke amendments for your order please contact us.
5 Your Rights to Make Changes
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6 Our Rights to Make Changes
6.1 Minor changes to the products. We may change the product ordered:
6.1.1 to reflect changes in (or to ensure compliance with) relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect the overall performance of the product.
These changes may be made by the manufacturers of products who are our suppliers and therefore in many instances, these changes will be beyond our control.
6.2 More significant changes to the products and these terms. If we or one of our suppliers makes a more significant or substantial change to the product such as how the product performs, we will notify you as soon as possible after we become aware of the relevant change, and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7 Providing the Products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our Site or in anas set out in our official quotation.
7.2 When we will provide the products. We will inform you of our estimated delivery date for the products in your order in our Order Acknowledgement.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises (if collection is available at the time of order), we will advise you when the products are ready for collection and the times at which you can collect them from us.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our nominated courier will leave you a note or contact you informing you of how to rearrange delivery.
7.6 If you do not re-arrange delivery. If you do not re-arrange delivery we (or our nominated courier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our (or our nominated courier’s) reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.8 When you own goods. You own a product once we have received payment in full and cleared funds for that product.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.10.1 deal with technical problems or make minor technical changes;
7.10.2 update the product to reflect changes in relevant laws and regulatory requirements; or
7.10.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.11 Your rights if we suspend the supply of products. If for any reason we (or one of our manufacturers) suspend a particular product which is included in your order, for example, if it becomes discontinued or if a suspension is put in place due to an emergency, we will contact you as soon as possiblein advance to tell you that we will be suspending its supply, , unless the reason for suspension is urgent or an emergency. You may contact us to end the contract for a product if we suspend itand we will refund any sums you have paid in advance for the product if it is no longer being supplied. for, or tell you we are going to suspend it for, longer than [thirty] days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within [seven] days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts and may change any estimated delivery date until such time as we are paid. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8 Your Rights to End the Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [six weeks]; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Please note however that we offer you additional time to change your mind about products received in an order. You may change your mind within 630 days of receipt of your order, and receive a refund from us.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 any products which are made to a custom manufacturing specification provided by you;
8.4.2 any products which are altered to a particular requirement you ask us to meet; or
8.4.3 any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? When you buy a product from us, you have 630 days after the day you (or someone you nominate) receive the products, (unless your products are split into several deliveries over different days, for example if you buy several products from us from our Site). In the latter case, you have until 630 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the order is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9 How to End the Contract With Us (including If You Have Changed Your Mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 01484 937010 or email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 Online. Complete the form at the end of these terms.
9.1.3 By post. Complete the form available on our Site and post it to us at the address on the form. Or alternatively write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either [return the goods in person to our premises], post them back to us at Haggwood Stone Quarry, Woodhead Road, Huddersfield, HD9 6PW, or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01484 937010 or email us at email@example.com to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the products, which may include delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may refuse to provide a refund of the price if upon our inspection of the goods it is apparent that the goods have been used, or, if the goods have been damaged or handled in an unacceptable way. reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have used them or handled them in an unacceptable way, you must pay us an appropriate amount;. and the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered at a higher cost than our cheapest delivery option, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1 for products where we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us; and
9.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10 Our Rights to End the Contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within [seven] days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; and/or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, which may include a re-stocking fee for products returned to us due to your failure to collect or take delivery of the products.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11 If There Is a Problem With the Product
11.1 How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about a product, please contact us using the details set out in clause 2.2 above.
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them [in person to our premises], post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01484 937010 or email us at firstname.lastname@example.org to arrange collection.
12 Price and Payment
12.1 Where to find the price for the product. The price of the product (which includes VAT if indicated) will be the price indicated when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. We use our best efforts to ensure that the price of the product advised is correct. However, if we discover an error in the price of the product you order:
12.3.1 where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount;
12.3.2 where the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order;
12.3.3 where we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing, we may end the contract, refund any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment by most major credit and debit cards (Amex, Visa and Mastercard) and PayPal for those products where you are paying for something in full and in advance of delivery. When you must pay depends on how you placed your order, for example where you place an order on our Site we generally require immediate payment, however where you place an order by email or phone we may invoice you for the products.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.7 If your payment is not received by us and you have already received the products, you must:
12.7.1 pay for them within 14 days of receipt; or
12.7.2 return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them, and not use them before you return them to us.
12.8 All prices and payments shall be in pounds sterling (£) (GBP) unless otherwise stated.
13 Our Responsibility for Loss or Damage Suffered by You
13.1 Our liability to you. We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:
13.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of your legal rights in relation to the products; and
13.1.4 defective products under the Consumer Protection Act 1987.
13.2 If we fail to comply with these terms or are negligent, we are responsible only for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. This means that our liability to you will be limited to the reasonable losses which are foreseeable as a direct consequence of something we do (or fail to do).
13.3 We will not be liable to you in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us a reasonable opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.
13.4 We only supply the products to you for domestic and private use. If, despite this restriction, you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Prior to placing your order, you must satisfy yourself that the products you wish to order are fit for any particular purpose you intend to use the products for, and that the products meet any necessary health and safety requirements for that purpose. We do not warrant that the products are suitable for any particular purpose.
13.6 You acknowledge and agree that any products purchased which are Actuonix products components (as displayed as such on the Site) purchased are not suitable for, and should not be purchased for use in or in connection with any product which is capable of causing serious injury or death to a user, including life support systems, aircraft, watercraft, motor vehicles, and transport devices.
13.7 You acknowledge and agree that you are not purchasing any products in your order for use in or in connection with any product which is unlawful under the laws of the relevant place in which the product you purchase from us will be used.
14 Your Personal Information
14.1 How we may use your personal information. In order to process your order, deliver your products, handle payments and deal with any after sales matters, we will need to collect and hold certain personal information about you such as your name, address and payment information. Doing this is necessary for the proper performance of our contract with you.
15 Other Important Terms
15.1 We may transfer this Agreement to someone else. We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be negatively affected. If you are unhappy with the transfer you may contact us to cancel any orders you have placed which we are yet to fulfil at the time of the transfer.
15.2 Transfer of your rights. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms except where we specifically agree.
15.4 If any of these clauses are not valid. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unenforceable, all other clauses will remain in full force and effect.
15.5 Rights can be exercised later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 We may appoint third parties. We reserve the right to appoint any third parties to assist us in performing our obligations or providing products, as we decide.
15.7 The agreement between us. The contract is the entire agreement and understanding between us regarding its subject matter and all other statements and terms whether written or verbal are excluded to the fullest extent that the law permits.
15.8 Law and jurisdiction. These terms are governed by English law and (without affecting your other rights and remedies) you can bring legal proceedings in respect of the products or this contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
Accu Limited Haggwood Stone Quarry Woodhead Road Huddersfield HD9 6PW
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),