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Online terms and conditions between LINKCARE GATE AUTOMATION and consumer
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by Linkcare Ltd of 15 Chiltern Business Village, Arundel Road, Uxbridge, Middlesex, UB8 2SN. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at: firstname.lastname@example.org or 01895 232 626.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Linkcare Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
6. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out in our website. All prices shown are exclusive of VAT at the current rates and are correct at the time of entering information, unless clearly marked as inclusive of VAT.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8. Payment terms
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
9. Delivery charges
Delivery charges vary according to the type of goods ordered and cannot be refunded.
10.1. Our delivery charges are set out in our website at http://www.linkcare.net/delivery-information.html.
10.2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
10.3. We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
10.4. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
12. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
13. Cancellation rights
13.1. Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for canceling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
13.2. If you have received the goods before you cancel your contract you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. Please see our returns policy for this procedure.
13.3. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
13.4. You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
14. Cancellation by us
14.1. We reserve the right to cancel the contract between us if:
14.1.1. we have insufficient stock to deliver the goods you have ordered;
14.1.2. we do not deliver to your area; or
14.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
15.1. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
15.1.1. to make good any shortage or non-delivery;
15.1.2. to replace or repair any goods that are damaged or defective; or
15.1.3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
15.2. Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
15.3. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.4. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Linkcare Ltd, 15 Chiltern Business Village, Arundel Road, Uxbridge, Middlesex, UB8 2SN and all notices from us to you will be displayed on our website from to time.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Linkcare is committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site to gain access to trade discounted pricing or to buy from the site, you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
(a) To register you with our website and to administer it.
(b) For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
There is a technology called “cookies” which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Linkcare Ltd, 15 Chiltern Business Village, Arundel Road, Uxbridge, Middlesex, UB8 2SN.
We also have different gate T & C as follows:
LinkCare Ltd Gates Division. - Terms and Conditions of Sale
1.1. All quotations are based on current prices. The price under any contract whether concluded on the basis of a quotation or otherwise will be calculated according to the Company’s prices ruling at the date of delivery.
1.2. Prices and discounts shown in any price list are subject to alteration without notice and any new list cancels all previous lists.
1.3. Prices quoted and prices shown in the price lists are exclusive of VAT
1.4. Prices quoted are ex-works. Delivery will be charged extra.
2.1. Office Sales.
All aluminium gate and fencing products will require a minimum 50% deposit on order, and the balance (including transport where applicable) to be paid when the gate is ready for delivery and prior to despatch.
2.2. Online and telephone Sales.
Online orders require payment in full with order.
2.3. Aluminium Gates and Fencing are manufactured to order. Gates and Fencing are personalised and made to measure for each order. As such they are not covered by Distance Selling Regulations
2.4. Once an order has been confirmed and fabrication started, payments will not be refunded.
2.5. Once confirmed, orders for Aluminium Gates and fencing cannot be cancelled, and changes in design after confirmation will be chargeable
2.6. An order is confirmed on reception of the correct deposit payment and signed and dated confirmation of design.
2.7. Receipts are not issued for cheques unless requested
2.8. Customers paying by cheque must produce a valid Banker’s card unless payment is made at least 5 days before despatch of the goods or materials being paid for.
3. Quality and Description
3.1. Subject to the matters set out in the next following clause, all goods and materials supplied shall:-
3.1.1. Conform as to quality, quantity and description with the particulars stated in the order acknowledgement.
3.1.2. be of sound materials and workmanship
3.1.3. be equal in all respects to any written specification provided
3.1.4. if the purpose for which they are required is indicated in the order either expressly or by indication, be fit for that purpose.
4.1. Specifications of weight are approximate only.
4.2. The items ordered will be fabricated to measurements supplied by the customer.
4.3. It is the customer’s responsibility to ensure that the specification of the gate/fence to be supplied is correct.
4.4. Every order will have a confirmation drawing issued indicating what is to be supplied and no fabrication will commence until this has been signed, dated and confirmed by the customer.
5. Warranty by Customer
The Customer warrants:-
5.1.That the Customer will carefully examine all the goods and materials supplied and will notify the Company in writing of any shortage, defect or other failure to comply with the contract which is, or ought to be apparent upon such examination, within 24 hours of their being collected or delivered.
5.2. That he will notify the Company in writing within 24 hours of becoming aware of any shortage, defect or other failure to comply with the contract which was not apparent upon the aforesaid examination.
6.1.Where a customer deals as a consumer as defined by Section 12 of the Sale of Goods Act 1977, goods and materials are supplied with the benefit where the same are applicable of the conditions and warranties implied by sections 12-15 inclusive of the Sale of Goods Act 1979
6.2.In other cases goods and materials are supplied only with the benefit where the same are applicable of the condition and warranties implied by section 12 of the Sale of Goods act 1979.
6.3. Aluminium Gates and Fencing are manufactured to order. Gates and Fencing are personalised and made to measure for each order. As such they are not covered by Distance Selling Regulations
7. Limitation of liability of the Company
7.1. Save as aforesaid and save as herein expressly set out the goods are not supplied with, or subject to, any condition, warranty or other term whether express or implied unless specifically stated by the Company in writing.
7.2. In no circumstances except in respect of death or personal injury caused by the Company’s negligence shall the Company’s liability (in contract or otherwise) to the Customer arising under, or out of, or in connection with this contract or the goods or materials supplied exceed the cost to the Customer of replacing or repairing goods or materials of which complaint is made. Further and in any event the Company accepts no liability for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever.
7.3. the Company shall not be under any liability for any cost or expense incurred by the Customer in repairing or replacing goods or materials unless the Company is first afforded a reasonable opportunity of replacing or repairing them provided that the Customer shall be entitled to effect repairs or replacement before affording such an opportunity as may be reasonably necessary to prevent any further loss or damage to the Customer.
8.1. Once an order has been confirmed and fabrication started, the order cannot be cancelled and payments will not be refunded
8.2. The deposit is not refundable after the confirmation has been signed and returned. The order will need to be paid in full when the goods are ready for shipping.
8.3. In the event of the suspension of the work by the Customer’s instructions or owing to lack of instructions the Company shall be entitled to increase the price by such an amount as they consider reasonable to cover any additional expense resulting to them for such suspension.
9.1. No goods which are made to measure can be returned for credit.
9.2. Once an order has been confirmed and fabrication started, payments will not be refunded
9.3. Credit for the deposit is not refundable after the confirmation of designed has been returned
9.4. Once confirmed, orders for Aluminium Gates and fencing cannot be cancelled, and changes in design after confirmation will be chargeable
9.5. Goods which in are generally kept in stock (i.e. gate automation equipment) may be returned for credit with the Company’s written consent
9.6. Where the company agrees to accept back such goods or materials for credit (point 9.5), a 20% handling charge will be deducted from the amount of the credit together with the Company’s reasonable charges if any for delivering such goods or materials to and/or collecting them from the site or Customers premises.
9.7. No goods or materials which are not defective and which conform to the contract may be returned without the Company’s written consent
9.8. No credit will be given for goods or materials returned without the Company’s written consent to the extent that the Customer establishes to the satisfaction of the Company (such satisfaction to be expressed in writing) that the said goods or materials are defective or otherwise do not conform with the contract.
10.1. While the Company will do its best to meet any delivery date given or agreed by it, such dates are estimates only given in good faith, and the Company will not be liable in the event of the delivery period being exceeded or accelerated for any reason whatsoever.
10.2. Aluminium Gates and Fencing will normally take approximately 6-8 weeks from order confirmation to delivery. This may be extended for special orders
10.3. Orders cannot be accepted on the basis of fixed delivery dates/times. Notification will provided of anticipated despatch and delivery dates.
10.4. Where appropriate customers must ensure that there are sufficient facilities at the delivery address to unload their order
10.5. All deliveries must be checked immediately on arrival and we must be informed within 24hrs of any damages or discrepancies
10.6. Delivery will be at the Customer’s premises unless otherwise agreed in writing expressly.
10.7. Where the Company agrees to deliver goods or materials to the site, the Customer shall ensure that the Company’s (or Company’s agents) vehicles have proper access and hard road to and from the site sufficient to enable the goods or materials to be delivered and the vehicles to leave with all reasonable speed.
10.8. The customer or its representative shall ensure enough individuals are present to help with the unloading of the goods.
11. Title and risk.
11.1. Goods or materials delivered shall remain the property of the Company until all goods in respect of which payment is then due to the Company from the Customer are paid for, but shall be at the risk of the Customer after being delivered.
12. Variations to Order
12.1. Any quotation or agreement incorporating these terms and conditions or any of them may only be varied in writing signed by a duly authorised representative of the Company.
13.1. No representative of the Company other than a director or the Company Secretary has any authority to agree any other or additional terms or conditions or to vary or waive any of the terms or conditions herein set out and then only if this is done in writing.