TERMS AND CONDITIONS
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you) We are Apecs Consult Ltd a company registered in England and Wales under number 05915713 whose registered office is at 302-303 Harbour Yard, Chelsea Harbour, London, SW10 0XD with email address firstname.lastname@example.org; telephone number +44 (0) 207 349 9888.
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
5. Delivery Location means the Consumer's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you, of the number and description as set out in the Order;
7. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.
8. The description of the Goods is as set out in our website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
10. A minimum order quantity for Cylinder Locks (Standard range and Kitemark 1* range) is any four cylinders per each order. Should you wish to order less please get in touch with us.
11. The description of the Goods in our website, catalogues, brochures, or other form of advertisement does not constitute a contractual offer to sell the Goods.
12. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
13. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.
14. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
15. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
16. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
17. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
18. Prices and charges include VAT at the rate of 20% applicable at the time of the Order.
19. We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
20. For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
21. After completing the order, you shall be redirected to our payment provider secure page (SagePay) where you enter your credit/debit card details.
22. By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
23. The credit/debit card details entered on a secure page are transferred using SSL technology.
24. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
25. We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day the order has been fully paid for, unless otherwise agreed.
26. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
27. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
28. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
29. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you shall be liable to pay import duties or other taxes.
30. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
31. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we will try to arrange for an alternative delivery date within 30 days of the failed delivery, you shall bear the cost of any re-delivery. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs
32. The Goods will become your responsibility upon the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
33. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
34. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
35. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
36. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 7 days after the Contract was made, if you change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our warehouse the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
Returns & Refunds
Hopefully you won't need to return an item, however, if you do, it is our aim to make this as simple as possible. By following the guidance below you can help us to help you when a product is not what you expected, or is faulty. Your statutory rights are not affected by this guidance. If you have any questions, please call our customer service team on 0207 3499 888
37. On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. You can return certain goods by post from your local Post Office and larger goods by our carrier pick up service. We may charge a fee for the carrier pick up service; the amount of the fee will depend on the good(s) returned
38. Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire or part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:
- you notified us to cancel your order, where you have not received the goods; or,
- we receive the goods you returned to us
- you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
39. We will refund you using the same means of payment as you used to pay for your order or purchase.
40. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods
41. Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalised.
42. Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. You must be available to hand in the good to the courier, if you have failed to hand in the goods on the agreed date, you will incur charges.
43. The provisions of this clause do not affect your legal rights if you are a consumer.
44. Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives and knife blades you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.
Conformity and Guarantee
45. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
46. Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
47. It is not a failure to conform if the failure has its origin in your materials.
48. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer (Apecs Consult LTD) of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Circumstances beyond the control of either party
49. In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.
50. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft, or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft, or profession.
Governing Law, Jurisdiction and Complaints
51. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
52. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
53. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 3 working days.