Terms & Conditions
PLEASE READ CAREFULLY
Please read our Terms and Conditions of Sale before placing an order.
If you wish to keep a copy for your records please print out this screen.
1 – DEFINITIONS & INTERPRETATION
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
1.1 ‘Supplier’ means Abletek / abletek.co.uk whose office is at:
High Broadgate, Tydd St. Giles, Cambs PE13 5LS.
VAT No. 994 0331 12
Tel: 01733 795 321
1.2 ‘Goods’ means the goods, products or services provided by the supplier, abletek.co.uk.
1.3 ‘Trade’ means the business company and person who purchases or agrees to purchase goods or services from the supplier.
1.4 ‘Consumer’ means any person who, in contracts to which the Consumer Contracts Regulations (2014) apply, is acting and purchasing for purposes which are not business related.
2 – GENERAL
2.1 These Terms and Conditions of sale apply to all goods supplied by the Supplier.
2.2 No contract exists between the Trade or Consumer and the Supplier for the sale of any goods or services until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract in place.
2.3 An acknowledgement of your order will be sent to the Trade or Consumer via e-mail when the order is placed, but acceptance of your offer to buy the Goods will not take place until after your payment is taken and you receive your confirmation of payment. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
2.4 The Supplier may change these terms and conditions of sale without notice to you in relation to future sales.
2.5 The contract is subject to your right of cancellation.
2.6 The Supplier reserves the right the decline any order for any reason.
3 – DESCRIPTION OF GOODS
3.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
3.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible.
4 – PRICES
4.1 All product pricing is shown inclusive of any applicable Tax / VAT. Any applicable Tax / VAT is additionally shown as a cost breakdown on our ‘Basket’ and ‘Checkout’ e-commerce pages. Depending on the order total, you may also be required to pay for detailed delivery charges.
4.2 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled and you will be notified by email. If you cancel your order prior to dispatch, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.
5 – PAYMENT
5.1 Payment for goods & delivery charges can be made by the options shown on the Supplier’s website at the time you place your order.
5.2 There will be no delivery until cleared funds are received (and cleared).
5.3 We do not accept payment via cheque.
6 – DELIVERY
Deliveries are subject to those options and costs as shown on our Delivery Information page. This page also provides further detail and information regards any delivery restrictions.
Goods are normally supplied ex-stock. Where an out-of-stock situation arises the specified delivery times will apply but are to be treated as estimates only and for the avoidance of doubt time of delivery shall not be of the essence of the Contract. Abletek shall not be liable for any delay in delivery of the Goods howsoever caused. Customers using Abletek’s eCommerce facility should check stock availability with our sales department; if Abletek is unable to despatch goods so as to achieve the Customer’s requested delivery time Abletek will contact the Customer at the earliest opportunity for further instructions.
7 – RISK / TITLE & OWNERSHIP
Notwithstanding delivery and passing of risk in the Goods or any other provision in these Conditions, the property in the Goods shall not pass to the Customer until Abletek has received in full in cash or cleared funds the price of the Goods and the price of any other Goods supplied by Abletek to the Customer in respect of which payment is outstanding. Until property in the Goods passes from Abletek to the Customer as aforesaid the Customer shall hold the Goods as bailee of Abletek. Acceptance of Goods is deemed to be an acceptance of this clause and of these Conditions.
8 – RETURNS & REFUNDS
All returns and refunds are subject to the Suppliers ‘Returns & Refunds‘ policy.
9 – WARRANTY
9.1 All goods supplied by the Supplier are warranted free from defects for 6 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
9.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
9.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the email address or fax number shown below within 48 hours.
9.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the email address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
10 – LIMITATION OF LIABILITY
10.1 Subject to 10.1.4 below, the Supplier shall not be liable to you for any loss or damage in circumstances where:
10.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
10.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
10.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
10.1.4 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
10.2 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10.3 Nothing in these Terms and Conditions shall exclude the Suppliers liability for personal injury or death caused by its negligence.
11 – IMAGES
11.1 All drawings, illustrations, product images are for illustrative purposes only may differ to the actual product.
11.2 Drawings, illustrations, product images or other technical documents issued either before or after the conclusion of the agreement for the use or information of the customer shall not be copied, reproduced or communicated to any third party without the Suppliers prior written consent.
11 – DATA PROTECTION
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
12 – APPLICABLE LAW
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
13 – OUR RIGHT OF CANCELLATION
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.