1. DEFINITIONS
1.1 In these Terms of Business the following expressions shall have the following meanings save where the context otherwise requires:
1.1.1 “CES” means Protectables Limited of 2276, Dunbeath Road, Elgin Industrial Estate, Swindon, Wiltshire SN2 8EA.
1.1.2 "Details" the details that You must provide upon ordering Goods via the Website including physical address, email address, age, bank account and credit, debit or charge card details.
1.1.3 "Fee" means the fee shown on the Website for the provision of the Goods exclusive of value added tax which where applicable shall be payable by You at the rate for the time being in force in the United Kingdom.
1.1.4 "Goods" any item produced and supplied by CES pursuant to these Terms.
1.1.5 "Sale" a sale effected via the Website.
1.1.6 "Terms" means these terms and conditions between CES and You.
1.1.7 "Website" means CES’s website located at www.criticalenvironmentsolutions.co.uk
1.1.8 “Working Days” means Monday to Friday 8.30am to 5.00pm excluding bank, public and statutory holidays.
1.1.9 “You” means the person who enters Details.
1.2 The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
2. USE OF WEBSITE
2.1 In seeking to purchase Goods via this Website You must provide accurate details.
2.2 You hereby warrant to CES that You are at least eighteen years of age and legally able to enter into contracts for the Goods.
2.3 CES reserves the right to withdraw any Goods from the Website without prior notice and to refuse any orders for Goods made by You.
2.4 Your Details and data relating to Your use of the Website will be recorded by CES but this information shall not be disclosed to third parties nor used for any purpose unrelated to the Website.
2.5 CES may send a small file to Your computer when You visit the Website. This "cookie" will enable CES to track Your behaviour on the Website and to identify particular areas of interest so as to enhance Your future visits to the Website. The cookie will not enable CES to identify You and CES shall not use it otherwise than in relation to this Website. You can set its computer browser to reject cookies but this may preclude use of certain parts of this Website. CES will not use Your data for any other purposes than as set out in these Terms except that CES may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority. By clicking “I Accept” you specifically agree to these terms regarding use of Your data.
2.6 If You do not want CES to use Your email address to send information concerning the Website and related matters, You should send a message to accounts@cesltd.uk.com and insert “unsubscribe” as the subject heading.
3. ORDERS
3.1 All orders You place for Goods displayed on the Website are subject to availability and it is your responsibility to ensure that your order is correct.
3.2 Orders for Goods will only be taken for delivery of Goods to such countries as indicated on the Website.
3.3 Any representations of the Goods shown on the Website are provided for the purposes of guidance only.
3.4 You are responsible for the payment of any local taxes due upon delivery and/or import of Goods to You by CES and You indemnify and will keep indemnified CES against any claim for such payments and/or taxes.
4. PAYMENT
4.1 You agree to pay the Fee at the time You place your order.
4.2 Once You have confirmed your order on the secure payment screen it cannot be cancelled or changed except in accordance with clause 6 of these Terms.
4.3 In the event that your debit or credit card payment is refused by Your card issuer for whatever reason, CES will invoice You for the Goods ordered and You agree to pay that invoice within 5 Working Days of the invoice date. If CES does not receive payment in full within 14 days of the date of the invoice referred to in clause 4.3, it may refuse to deliver the Goods and/or terminate these terms and conditions without further obligation to You.
4.4 CES will enclose with Goods it delivers to You a copy of its invoice showing the Goods ordered and amount paid.
4.5 Non-delivery by any third party (including but not limited to the Royal Mail) shall not give You any right to delay payment to CES or to make any claim whatsoever against CES.
5. RISK AND TITLE
5.1 Risk in the Goods shall pass to You upon payment of the Fee or, if earlier, upon delivery of the same to You. Title to the Goods shall pass to You only upon payment in full (in cash or cleared funds) of the Fee and You shall hold the Goods as bailee for CES until CES has received payment in full of all Fees outstanding to it from You.
5.2 If any of the Goods are destroyed damaged or lost from any cause (other than the fault or negligence of CES), CES may replace those Goods but shall be entitled to charge you for the replacement of them.
6. CANCELLATION OF ORDERS AND RETURNS
6.1 You have the right to cancel a purchase of Goods made through the Website at any time after you have placed the order until the date eight Working Days after the day you receive the Goods. In accordance with CES’s rights under the Distance Selling Regulations, YOU WILL LOSE YOUR RIGHT TO RETURN THE GOODS IF YOU UNSEAL THEM FOLLOWING RECEIPT OF THEM.
6.2 If You decide to cancel a purchase You must notify CES by telephone 01634 719422 or email to accounts@cesltd.uk.com and if You have received the Goods, You must return them to CES by recorded mail enclosing the invoice.
6.3 Upon cancellation of an order CES will refund the whole sum paid by You including costs of postage and packing for delivery to You within 30 days of You notifying CES of cancellation. You are responsible for the cost of returning the Goods to CES upon cancellation of an order. If You do not return the Goods cancelled to CES it will arrange to collect them and will deduct the cost of such collection from the refund due to You.
6.4 If any of the Goods You receive are corrupted, defective or do not match the order placed, You may return them to CES by recorded mail enclosing the invoice and stating the nature of the corruption, defect or mistake and if it is satisfied that the Goods are corrupt, defective or do not match the order You placed, CES will replace such Goods or refund the Fee and the cost of returning those Goods. This does not apply to Goods damaged in transit for which please refer to clause 5.2.
6.5 CES’s sole liability to the Client for Goods which are corrupt, defective or which do not match the Client’s order shall be limited to replacement of those Goods or refund of the Fee and delivery charges.
7. WARRANTY AND LIMITATION OF LIABILITY
7.1 CES warrants that Goods purchased through the Website will be of satisfactory quality and fit for the purpose for which they are supplied.
7.2 CES shall not be liable to any person for any loss or damage arising from the use of any Goods or information displayed on the Website.
7.3 CES shall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with these Terms or otherwise whether or not such loss has been discussed by CES and You pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
7.4 CES’s aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to twice the Fee excluding VAT.
7.5 CES shall not be liable for any loss or damage of any nature caused by or arising from errors in or material omissions from the Goods.
7.6 Subject as expressly provided in these Terms all warranties; conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.7 Nothing in this clause shall operate so as to exclude CES’s liability for death or personal injury arising out of its negligence.
7.8 Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter, which might otherwise cause these Terms to become ineffective.
8. MISCELLANEOUS
8.1 These Terms shall form the entire agreement between the parties and supersede any previous agreement and (save so far as expressly preserved hereby) representations oral or otherwise made by either of the parties. You warrant that You have not relied on any representation made by CES in entering into this agreement.
8.2 Failure by either party at any time to enforce any right claim or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
8.3 All notices to CES shall be given by You in writing to the address shown above. All notices to You shall be given in writing to Your email address or to the address You have given for delivery of Goods. All notices may be served by personal delivery or first class post. Any notice given by post shall be deemed to be received by the party to whom it was given 48 hours after posting (excluding Saturday, Sundays and UK bank and public holidays). Notices given by email shall be deemed to have been given 1 hour after transmission thereof.
8.4 These Terms and your agreement with CES shall be governed and construed in accordance with English Law. You irrevocably agree for the exclusive benefit of CES to submit any dispute hereunder to the jurisdiction of the courts of England but nothing herein shall prevent CES from taking proceedings against You in any other court of competent jurisdiction.