Fhoss Technology Ltd - Terms & Conditions
1. ABOUT THIS DOCUMENT
1.1 What they cover
This document sets out the Fhoss Technology Ltd. (Fhoss) Web Sale Conditions (referred to as the sale conditions).
We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our web site. Those changes will not affect any orders you submitted before the change.
1.3 Exclusion of your terms of purchase
These sale conditions apply to the exclusion of your terms and conditions of purchase. Any variation must be approved by a Director of Fhoss and be in writing. Any quotation or estimate is given subject to the sale conditions.
2. ABOUT FHOSS TECHNOLOGY LIMITED.
Fhoss, is a company registered in England and Wales, with company number 6705970. Our Registered Office is at 34 Boulevard, Weston-super-Mare, North Somerset, BS23 1NF.
3. WEB SITE SALES ONLY
These sale conditions apply to all sales of goods by us to businesses through our web site, and shall apply to any orders you submit through our web site.
In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web pages through which you ordered the goods, the descriptions and specifications of the goods on our web site, and our e-mails to you acknowledging and/or accepting your order; the delivery charges means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping trolley and the checkout and other ordering pages generated by our web site and sent to your browser’s specific to your orders; you and your means the person purchasing the goods from us; we, us, our mean Fhoss ; the web site means our web site through which you ordered the goods; and working or business day means Monday to Friday, except bank or other public holidays.
5. HOW THE CONTRACT IS MADE
5.1 Your order
Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
5.2 Acceptance of your order
Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you.
5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not normally accept any order until we have received pre-payment in full of the price, delivery charges, VAT and other amounts payable in respect of the order, unless you have a credit account with us and have not yet reached any credit limit. Other reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available.
6. SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.
7.1 The Specification
Whilst we make every effort to ensure the make and model of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order, we will not be responsible for variations between the description of the goods on our web site and the manufacturer’s specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us.
Fhoss accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance on our website. Accordingly, you should check any details and information you wish to rely on with Fhoss at the time of purchase.
8. CHARGES AND VAT
You agree to pay the price, delivery charges and any other charges stated in the ordering web pages, in accordance with the terms of the contract. The price, delivery charges and all other amounts payable under the contract are exclusive of value added tax which we may charge in addition at the rate applicable from time to time and which shall be payable at the same time as the amount on which it is charged.
9. PAYMENT TERMS
9.1 Payment with Order
Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.
9.2 Credit Account
If you have a credit account with us, then the price, delivery charges, and any other fees and amounts must be paid in cash or cleared funds within 30 days (or such other period we may have agreed in writing with you) of date of order.
In default of payment within 30 days, Fhoss shall be entitled, without notice, to terminate any outstanding order, withhold supplies and reduce the credit limit available.
9.3 Payment Methods
We accept payment by MasterCard, Visa, and PayPal, and such other cards as may be stated on our web site from time to time. Payment is deducted when we process your order, if payment is due with order. If credit terms have been agreed, then we also accept payment by cash, cheque, and bank transfer. If you send payment by post, then you take the risk of the post. If your payment cannot be authorised or cleared for any reason we will tell you.
9.4 No Set-off
You must make all payments in full without set-off, deduction, counter-claim, or withholding.
If you fail to pay any amount on time, then we shall be entitled to charge daily interest on the amount overdue at the rate of 8% above HSBC Bank Plc base rate until payment in full is received. Fhoss will be indemnified by you in respect of all costs incurred in recovering payment, including the cost of instructing solicitors.
No payment shall be deemed to have been received until Fhoss has received clear funds.
10. RETENTION OF TITLE
Although Risk in the goods supplied passes to you on delivery, legal title in such goods shall not pass until Fhoss has received the full price payable for which payment is due. Until such time as legal title in the goods passes to you, Fhoss may at any time require you, its liquidator, receiver or administrator to return the goods and / or may repossess the goods by entering upon any premises or any third party premises where the goods are reasonably believed to be stored.
11.1 Delivery Address
Delivery will be to the delivery address selected or provided by you in the ordering web pages. If no address was selected, then delivery will to the address at which your payment card is registered, or to any other address you have provided. Please note that we only deliver to premises located in the United Kingdom (including Northern Ireland
11.2 Delivery Days
We only deliver on working days, being Monday to Friday, excluding public and bank holidays. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery.
11.3 Delivery Timescales
We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. If we do not make a delivery date and we fail to deliver within a further 30 days, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
We may make delivery of the goods by instalments.
11.5 Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, then we may charge you our reasonable costs of returning the goods to the depot, our reasonable costs of storage, and our reasonable charge for re-delivering the goods at another time. We will give you the option of collecting the goods from our depot or requesting further delivery attempts (at reasonable charge). We will store the goods for a maximum of one month, after which we may sell the goods and account to you for the proceeds less our reasonable storage costs.
11.6 Delivery Note
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your goods, as this will be important if you are returning the goods later on.
11.7 Inspection on delivery
When you receive the goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the goods you ordered, and within 3 working days of receipt of the goods if you consider that the goods are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods.
12. CANCELLATION RIGHT
12.1 Your right to cancel and return goods
We give you the right to cancel the contract in accordance with the following terms. You can do this by giving us notice before we despatch the goods, or by giving notice no later than 7 days after the day you received the goods.
12.2 When can I NOT cancel?
You are allowed to open the goods and try them out before cancelling, but you will not be able to cancel if:-
(a) the goods were made to your specifications or are personalised to you;
(b) the goods are damaged or marked in any way;
(c) the goods and packaging are in a condition such that they are fully suitable for re-sale;
(d) you are not able to return the goods with all packaging, contents, documents, and other items supplied with or as part of the goods, including any free gifts; or
(e) you sell, transfer, hire or lend the goods or give ownership of the goods to any other person.
12.3 How do I cancel?
If you wish to exercise your right to cancel then you can do this by one of the following methods:-
(a) following the instructions for returns in the documentation supplied with your goods on delivery;
(b) e-mailing us at customerservice@Fhoss.com, quoting your order reference number;
(c) telephoning us on 0845 5192725 with your order reference number to hand;
(d) writing to us at Fhoss Technology Limited, Suite 1 to 4, 16-18 South Parade, Weston Super Mare, Somerset, BS23 1JN quoting your order reference number.
(Don’t worry if you don’t have your order reference number to hand; this won’t affect your rights, but it will save time if you can quote it).
12.4 What must I do with the goods?
If you decide to cancel you must you must immediately return the goods to us for receipt within 14 days from the date you received the goods. We may in our discretion agree or decide to collect the goods from you, or send to you a pre-paid package (e.g. a jiffy bag) to return the goods to us in. In such event you must make the goods available on request and promptly return any goods using any such package. However, if we do not agree to do so, then you are responsible for arranging for bringing the goods to us yourself, or having the goods posted or couriered back to us. If you fail to return the goods to us, we may charge you our direct costs of collecting the goods from you. Until you return the goods to us you must keep hold of the goods and take reasonable care of them, and if you send the goods back to us you must ensure that they are received by us and are not damaged in transit, otherwise your right of cancellation will cease. If you are not able to return the goods in a condition consistent with your having taken reasonable care of them, or with all packaging and other items supplied with the goods, we may charge you for any reduction in value of the goods as a result.
12.5 When do I receive my refund?
If you decide to cancel, we will refund you within 30 days of the date that you cancel, or if later, within 30 days of return of the goods to us, less any direct costs in recovering the goods which we are entitled to charge you, and less any other amounts that we are entitled to charge you under this Clause 12. We will not be required to refund any charge you paid for any extended cancellation period, extended warranty or enhanced rights over those set out in these Business Web Sale Conditions, or any delivery charges, and associated VAT.
13.1 Our Warranty
We warrant that the goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-
(a) we will endeavour to repair the goods;
(b) we will replace the goods with goods which do conform to the contract; or
(c) we will take the goods back and refund you all amounts paid by you under the contract.
We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods. If we elect to repair or replace the goods, then the balance of that 3 month period will apply to any repaired or replacement goods, plus the time taken by us to repair or replace. If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may and will take the goods back and refund you all amounts paid by you under the contract.
13.2 Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the goods are hereby excluded to the fullest extent permitted by law.
14 LIMITATION OF LIABILITY
14.1 Meaning of “liability”
In the contract, references to our “liability” shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods.
14.2 Liability Not Limited
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract.
14.3 Excluded Types of Loss
Subject to the Clause 13.2, we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
14.4 General Limitation
With the exception of liability covered by Clauses 13.2, 13.4 and 13.5 above, our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract.
15. FORCE MAJEURE
We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.
16. FHOSS TECHNOLOGY LIMITED - RIGHT TO CANCEL OR VARY
(a) we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or
(b) our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods; or
(c) if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
17.1 Entire Agreement
The contract documents constitute the entire agreement between you and us for the sale and purchase of the goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the sale conditions shall only be binding upon us if made in writing and signed by a director of Fhoss. No employee, other than a company director, has authority to change the terms of the contract.
17.2 Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
17.3 Assignment by Fhoss
We shall be entitled to assign the benefit of the contract and any debts under the contract.
17.4 Third Party Rights
The contract shall not benefit or be enforceable by any third party.
We may sub-contract our obligations under the contract.
17.6 Invalid Terms
Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
17.8 Law and Jurisdiction
The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
Fhoss Technology Limited
Registered in England No. 6705970
Fhoss Technology Limited, Suite 1 to 4, 16-18 South Parade, Weston Super Mare, Somerset, BS23 1JN
Telephone: 0845 5192725