Terms & Conditions
This agreement applies as between you, the User of this Website or Purchaser and Besseges Valves, Tubes & Fittings Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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“Account” |
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website; |
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“Carrier” |
means any third party responsible for transporting purchased Goods from our Premises to customers; |
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“Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; |
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“Goods” |
means any products that The Company advertises and/or makes available for sale through this Website; |
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“The Company” |
means Besseges (Valves, Tubes & Fittings) Limited of Jackson House, Turner Lane, Ashton under Lyne, OL6 8LP; |
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“Service” |
means collectively any online facilities, tools, services or information that The Company makes available through the Website either now or in the future; |
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“Payment Information” |
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes; |
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“Purchaser” |
means any person or business that buys Goods from The Company from this Website; |
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“Purchase Information” |
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
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“Premises” |
Means our place(s) of business located at Jackson House, Turner Lane, Ashton under Lyne, OL6 8LP; |
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“System” |
means any online communications infrastructure that The Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
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“User” / “Users” |
means any third party that accesses the Website and is not employed by The Company and acting in the course of their employment; and |
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“Website” |
means the website that you are currently using (www.valvestubesfittings.com) and any sub-domains of this site (www.valvestubesfittings.com/about_us) unless expressly excluded by their own terms and conditions. |
2. Business Customers
The Website is for use by business customers only. These Terms and Conditions apply to business customers only.
3. International Customers
If Goods are being ordered from outside The Company’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. The Company is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The Company gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
4.1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Company, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by The Company.
5. Third Party Intellectual Property
5.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.valvestubesfittings.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Company. To find out more please contact us by email at admin@valvestubesfittings.com or by telephone on 0161 343 2225.
9. Use of Communications Facilities
9.1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1. obscene or vulgar language must not be used;
9.1.2. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3. Content that is intended to promote or incite violence must not be submitted;
9.1.4. it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5. the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
9.1.6. Users must not impersonate other people, particularly employees and representatives of The Company or our affiliates; and
9.1.7. our System must not be used for unauthorised mass communication such as “spam” or “junk mail”.
9.2. You acknowledge that The Company reserves the right to monitor any and all communications made to us or using our System.
9.3. You acknowledge that The Company may retain copies of any and all communications made to us or using our System.
9.4. You acknowledge that any information you send to us through our may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10. Accounts
10.1. To purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
10.1.1. all information you submit is accurate and truthful;
10.1.2. if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
10.1.3. you will keep this information accurate and up-to-date.
a) Your creation of an Account is further affirmation of your representation and warranty.
10.2. It is recommended that you do not share your Account details, particularly your username and password. The Company accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Company immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. If an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, The Company accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
10.4. When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
11.1. Either The Company or a User may terminate an Account. If The Company terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2. If The Company terminates an Account, any current or pending purchases on your Account The Company be cancelled and will not be dispatched.
11.3. The Company reserves the right to cancel purchases without stating reasons, for any reason prior to dispatch.
11.4. If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
11.5. If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
12. Payment
12.1. Any and all invoices are due for payment immediately unless alternative arrangements have been agreed between the Purchaser and The Company.
13. Goods, Pricing and Availability
13.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Company correspond to the actual Goods, The Company is not responsible for any variations from these graphical representations or descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
13.2. Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3. The Company does not represent or warrant that such Goods will be available. Stock indications provided on the Website are not updated in real-time and may not be accurate.
13.4. Whilst all information on our Website is reviewed regularly, occasionally there may be information on our Website containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, offers, delivery charges, delivery times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
13.5. In the event that prices are changed during the period between an order being placed for Goods and The Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6. All prices on the Website are displayed exclusive of VAT. Where applicable the VAT amount will be automatically calculated and added at the checkout The Company’s VAT number is 508268734.
14. Property, Risk and Account of Profits
14.1. Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by The Company. Title remains with The Company until payment is complete.
14.2. If the Purchaser sells the Goods on to its own customers in any form, either as purchased from The Company or forming a component part of a larger Good, and any amount of the purchase price payable to The Company remains outstanding, the Purchaser must account to The Company for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for The Company until payment has been received in full by The Company.
14.3. The Company reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, The Company has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of The Company.
15. Delivery
15.1. The Company will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
15.2. If The Company receives no communication from you, within 14 days of delivery or your estimated delivery date, regarding non-delivery or any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15.3. Should a non-delivery occur, the Purchaser must contact the Company within 14 days of their estimated delivery date to allow an investigation to be completed by the Carrier. Failure to notify the Company within 14 days may result in any claim for non-delivery being rejected.
15.4. Goods intended for delivery to certain locations may be priced on application, if this is the case the Website will indicate a zero cost and that the Company will contact the Purchaser with the true cost and to take payment in due course.
15.5. If Goods are returned to the Company by the Carrier due to being undelivered, the Purchaser will be liable for any costs incurred should redelivery be required.
16. Returns Policy
The Company aims to always provide high-quality Goods that are fault free and undamaged. On occasion, however, goods may need to be returned. When return requests are accepted by The Company, said Returns are governed by these Terms and Conditions.
16.1. If the Purchaser receives Goods that do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to initiate a return request. The Company is not responsible for paying shipment costs. If The Company accepts the return request, The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
16.2. If any Goods purchased have faults when they are delivered, the Purchaser should contact The Company within 28 working days to initiate a return request. The Company is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
16.3. If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty, provided that the damage is not caused by misuse, neglect, or other actions by the customer.
16.4. If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to The Company within 10 working days to initiate a return request. The Company is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
16.5. If the Goods have been dispatched or have reached you, but The Purchaser decides that they are no longer required, The Purchaser should contact The Company within 14 days of receipt to submit a returns request. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of The Company. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason. The Company reserves the right to decline any request at its own discretion within the confines of the law, or to charge a restocking fee of up to 30% if Goods are returned for this reason. The Company reserves the right to charge additional fees to cover any costs it incurs in processing returns. The Company will not refund any shipping fee taken to transport of Goods to the Purchaser. The Company will not accept returns for any certified goods or bespoke Goods, including but not limited to Goods that have been customised as per Customer requirements or manufactured/assembled to order.
16.6. If the Purchaser wishes to return Goods to The Company for any of the above reasons, please use the returns form to make the appropriate arrangements.
16.7. Delivery to some locations is priced on application, if the Purchaser wishes to cancel the order after Company has informed the Purchaser of the delivery cost, a cancellation fee of 30% will be applied.
16.8. The Company reserves the right to recover from the Purchaser any additional costs it may incur if during the first or any subsequent attempt made by the Carrier to deliver the Goods, the Purchaser fails to take delivery, or the Carrier is forced to return the Goods to the Company. Should the purchaser opt to cancel the order post the Goods being returned to the Company as undelivered, in addition to recovering its additional costs, the Company reserves the right to impose a restocking fee not exceeding 30% of the total order value.
16.9. The Company reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors that may be taken into account in the exercise of this discretion include, but are not limited to:
16.9.1. Any use or enjoyment that you may have already had out of the Goods;
16.9.2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
16.9.3. The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
16.9.4. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
b) Such discretion to be exercised only within the confines of the law.
17. Disclaimers
17.1. The Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4. Whilst The Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
18. Changes to the Service and these Terms and Conditions
The Company reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If The Company is required to make any changes to Terms and Conditions relating to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
19. Availability of the Website
19.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
19.2. The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1. To the maximum extent permitted by law, The Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2. Nothing in these Terms and Conditions excludes or restricts The Company’s liability for death or personal injury resulting from any negligence or fraud on the part of The Company.
20.3. Nothing in these Terms and Conditions excludes or restricts The Company’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Company.
24. Notices
24.1. All notices/communications shall be given to us either by post to our Premises (see address above) or by email to admin@valvestubesfittings.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2. The Company may from time to time send you information about our products and/or services. If you do not wish to receive such information, please unsubscribe.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and The Company shall be governed by and construed in accordance with the Law of England and Wales and The Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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