| 1. Definitions Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by SatCure. Goods: the articles which the Customer agrees to buy from SatCure. Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs. Customer: the person who buys or agrees to buy the goods from SatCure. SatCure: means SatCure Distribution, PO Box 73, Oakengates, Telford, TF2 8WR, United Kingdom Site: The satcure web site Content: The content of the Site.
2. Conditions 2.1 These Conditions shall form the basis of the contract between SatCure and the Customer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Customer's standard conditions of purchase or any other conditions which the Customer may purport to apply under any purchase order or confirmation of order or any other document. 2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods from SatCure pursuant to these Conditions. 2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Customer's acceptance of these Conditions. 2.4 These Conditions may not be varied except by the written agreement of a director of SatCure. 2.5 These Conditions represent the whole of the agreement between SatCure and the Customer. They supersede any other conditions previously issued.
3. Price 3.1 The Price shall be the price quoted on SatCure's confirmation of order. In the unlikely event that items are incorrectly priced on the web site, SatCure shall not be compelled to supply the goods at the incorrect price. Similarly, the Customer will not be compelled to accept the goods at the correct price. Where such pricing discrepancies occur, the Customer will be advised and given the opportunity to re-select an alternative product, cancel the order or continue with the order at the correct price. 3.2 VAT will be charged at the rate in force on the date of SatCure's invoice.
4. Availability 4.1 All products are subject to availability. If items are out of stock with either SatCure or SatCure's suppliers, SatCure will endeavour to dispatch these items within 14 days. In the event that the item will not be available for despatch within that time period and in any case if the goods cannot be delivered within 30 days, SatCure will contact the Customer and the Customer will be given the option to cancel the order and receive a full refund of any monies paid. SatCure shall not be liable for any losses, damages or costs incurred by the Customer owing to delay or non-delivery of the goods.
5. Payment and Interest 5.1 Payment of the Price, VAT, delivery charges and any other associated charges must be received before any orders can be processed. Cheques must clear before goods are despatched. 5.2 The only exceptions to paragraph 5.1., above, are where other terms have been agreed in writing, prior to the order being placed. 5.3 Credit Card payment will not usually be taken until the order (or part of it) is ready to ship, or until we reasonably believe that the order is ready to ship. This means that credit card details will be held securely until payment is taken. The details will not normally be deleted from our secure system unless the Customer specifically requests this action in writing. (See our Privacy Policy.)
6. Goods 6.1 Images and descriptions of goods are reliant upon information provided by suppliers or manufacturers. They are as accurate as possible, however specifications may change for reasons beyond SatCure's control. 6.2 The quantity and description of the Goods shall be as set out in SatCure's confirmation of order. 6.3 Goods which are functionally equivalent may be supplied instead.
7. Warranties SatCure warrants that the Goods will at the time of delivery correspond to the description given by SatCure in the confirmation of order. [Except where the Customer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
8. Delivery of the Goods 8.1 We will endeavour to deliver your item within two to three working days (to a UK address). Delivery of the Goods shall be made to the Customer's stated delivery address. Despatch will normally take place within 24 hours of receipt of order and payment Mon. to Fri. The Customer shall make all arrangements necessary to take delivery of the Goods during the period notified by SatCure for delivery. 8.2 SatCure undertakes to use its reasonable endeavours to despatch the Goods within 24 hours Mon. to Fri. but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. 8.3 Occasionally, technical problems or payment problems may delay or prevent delivery of an ordered product. For this reason you are advised to specify a permanent delivery address and not a temporary address or one which you may be leaving in the near future. 8.4 SatCure shall not be liable to the Customer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Customer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract. 8.5 If the Customer fails to take delivery of the Goods during the specified delivery term, SatCure shall be entitled to charge the Customer the reasonable costs of returning the goods or attempting to re-deliver.
9. Title and Risk 9.1 Risk shall pass on delivery of the Goods to the Customer's address. 9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with SatCure and shall not pass to the Customer until the amount due under the invoice for them (including interest and costs) has been paid in full. 9.3 Until title passes the Customer shall hold the Goods as bailee for SatCure and shall store or mark them so that they can at all times be identified as the property of SatCure. 9.4 SatCure may at any time before title passes and without any liability to the Customer: 9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Customer's right to use, sell or otherwise deal in them; and 9.4.2 for that purpose (or determining what if any Goods are held by the Customer and inspecting them) enter any premises of or occupied by the Customer. 9.5 SatCure may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.
10. Carriage of Goods 10.1 Carriage will be chargeable on all sales (except downloadable digital products). This will be charged as shown on the checkout screen unless we advise you otherwise and give you an opportunity to accept the altered charge or to cancel. 10.2 Products ordered from our Site for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 10.3 You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Cancellation, Returns and Refunds 11.1 Requests for cancellation or refund must be made in writing, including email or fax. If the request is made prior to the goods being despatched, the Customer will not be liable for any shipping costs. 11.2 Where goods have been delivered to the Customer, the Customer will have seven days from the date of delivery to cancel the order in writing, stating the reason for cancellation, the Customer's details and the Customer's order number. On receipt of the Customer's cancellation, the Customer will be advised of a Returns Authorisation Number and this must be clearly attached to the packaging. The Customer will be liable for the cost of returning the goods to SatCure. Any goods returned this way must have been subject to reasonable care whilst in the Customer's possession. This means that the original packaging must be used and that all accessories, leads, instruction books etc. are present and carefully repackaged with the goods. Under no circumstances will we arrange to collect the goods free of charge or refund any shipping charges. Explanatory note: Under the terms of The Consumer Protection (Distance Selling) Regulations 2000 in the UK, we are required by law to give you seven days "cooling off" period after delivery of order. This is to protect you against "impulse buying". Please note that once you have unpacked or used the goods, you are deemed to have accepted them and you forfeit your specific rights under these regulations. (Your normal statutory rights are not affected). We will refund the price of the item on the invoice plus VAT and minus a 10% or £10 (whichever is higher) testing and restocking charge for certain items if they have been unpacked. These are items that can not be checked by visual inspection alone. 11.3 If you keep the goods for longer than 10 days after the 7 day notification period, or if the goods are not returned in "as new" unused condition, then a usage charge up to the full invoice amount is payable unless we agree otherwise. 11.4 The Customer's original payment will be refunded within 30 days of the date of cancellation, or receipt by us if later (less any collection costs that may have been incurred by SatCure). 11.5 Refunds for exchange power supply units etc. will not be given until the exchange unit has been received and tested. Such refunds will normally be made within 30 days of receipt of the unit if the test indicates that the unit can be repaired without extra parts or labour. 11.6 For goods that are returned because they are faulty, please see the relevant section below.
12. Faulty Goods 12.1 Goods that exhibit a fault immediately upon first use out of the box must be advised to SatCure via the relevant email form or by postal letter within five days of delivery to the Customer. The Customer must not attempt repair of goods without written permission from SatCure. 12.2 A returns process will then be initiated and SatCure will require the Customer to provide SatCure with some details regarding the fault exhibited along with the Customer's details and the order reference. This information may help SatCure to identify if an actual fault exists or whether an error has been made in set up or installation. If it is not possible to rectify the apparent fault at this stage, the Customer will be issued with a Returns Authorisation Number. 12.3 The Returns Authorisation Number must be clearly attached to the packaging. Where possible, the original packaging must be used and all accessories, leads, instruction books etc should be present and carefully repackaged with the goods. The Customer will be advised of the arrangements to be made for return of the goods for inspection. 12.4 Goods will not be accepted without a valid Returns Authorisation Number except where SatCure has authorised the use of the "Keep-me" number instead. 12.5 On receipt at SatCure's premises and if a fault is confirmed by SatCure's engineers, the Customer will be offered either a replacement item or a full refund of all the Customer's costs including any shipping costs. i) Return of the item to the Customer and, at SatCure's discretion, the Customer will be charged for the new delivery and any collection charges. ii) A refund of the item less any delivery or collection charges and a restocking charge of up to 10% of the value of the goods, at SatCure's discretion, dependent upon the condition of packaging and completeness of the goods. 12.6 See section 15.1 "Liability" for details of warranty. 12.7 In all circumstances, SatCure would advise that the Customer retain all packaging and accessories to facilitate returns and to minimise any liability that the Customer may have for damaged goods or missing accessories. 12.8 We will usually make any refund using the same method originally used by you to pay for your purchase. We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
13. Damaged or Incorrect Goods 13.1 The Customer shall be deemed to have accepted the Goods 7 days after delivery to the Customer. 13.2 The Customer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to SatCure within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed. 13.3 Where the Customer has accepted, or has been deemed to have accepted, the Goods the Customer shall not be entitled to reject Goods which are not in accordance with the contract. 13.4 Alternatives We reserve the right to supply alternatives, which are functionally identical to the items ordered, but may be aesthetically or dimensionally different from the pictures and descriptions in our web pages or catalogue. In such an instance, if the alternative is unacceptable to you, you may return it, unused, for refund at your expense. Colour and minor variations in shape are not acceptable reasons for demanding a refund. Where aesthetic features or dimensions are critical you must inform us at the time of ordering.
14. Indemnity You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers (the Indemnified Parties), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of: 14.1 any misrepresentation, act or omission made by you in connection with your use of this Site; 14.2 any non-compliance by you with these Terms; or 14.3 claims brought by third parties arising from or related to your access or use of this Site, including without limitation the information made available by you to this Site.
15. Liability and Warranty 15.1 We warrant to you that any goods purchased from us through our Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. The manufacturer's warranty applies to any goods that develop a fault after 7 days of delivery to the Customer. In the event that the manufacturer's warranty has expired then SatCure will repair, replace or refund (at our discretion) faulty or non-compliant goods returned to us up to two years after the date of delivery, in accordance with EU regulations, provided that such fault or non-compliance is not a result of customer abuse or misuse.* * Explanatory Note: the goods shall be installed and used in accordance with the instructions supplied by us and shall not be subjected to impact, crushing, radiation, liquid spillage or temperatures outside the specified range. Where goods are installed outdoors or in a harsh environment, the customer shall take reasonable steps to protect them, for instance by use of suitable paint and/or grease. 15.2 In relation to our supply of products via this Site (including both downloads and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of our breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise. This Section should not be interpreted to suggest that our Services are offered other than for your personal, non-commercial use only. 15.3 In respect of all aspects of the Site and Services other than our supply of products (and subject to the other provisions of this Section 16), SatCure, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or the User Content or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site. 15.4 This Section does not in any way limit our liability: 15.4.1 for death or personal injury caused by our negligence; 15.4.2 under section 2(3) of the Consumer Protection Act 1987; 15.4.3 for fraud or fraudulent misrepresentation; or 15.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 15.5 Where you buy any product or service from a third party seller through our Site (other than a Seller), the seller's individual liability will be set out in the seller's terms and conditions. 15.6 We will not be liable to you for failures, defects or delays in delivery caused by: 15.6.1 your provision of incorrect information; 15.6.2 your computer failing to meet the minimum technical requirements for the Service; 15.6.3 your failure to comply with instructions for use of the Service; or 15.6.4 an event which is outside of our reasonable control.
16. Disclaimer 16.1 Subject to Section 16 above, the Content (as defined in Section 1) is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Site). 16.2 We endeavour to ensure that information on our Site is correct, but we cannot guarantee the accuracy and completeness of the material on the Site. We may make changes to the Content, or to the products, services and prices described in it, at any time without notice. The Content may be out of date, and we make no commitment to update such material. 16.3 We may discontinue or alter any aspect of the Site or Services at any time in our sole discretion without prior notice or liability, provided that changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation (unless required to be made by law or governmental authority).
17. Events Outside Our Control We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
18. Links Links to third party web sites from the Site are provided solely for your convenience. If you use these links, you leave the Site. We do not control and are not responsible for these web sites or their content or availability. We do not endorse or make any representations about them, or any material on them, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to the Site, you do so entirely at your own risk.
19. Site Access use and content 19.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we will not be liable if for any reason the Site is unavailable at any time or for any period. 19.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 19.3 Your Use of our Site, You may not: 19.3.1 act in any way that would damage, disable, overburden, or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; 19.3.2 upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory, or use of which may be in breach of any third party's rights; 19.3.3 impersonate any person or entity or misrepresent your affiliation with any other person or entity; 19.3.4 exploit any information or other material obtained on or through this Site for commercial purposes; 19.3.5 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Chemical Records cookies for purposes which are unrelated to the Services); 19.3.6 attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or 19.3.7 reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or the Services. 19.4 Site Content 19.4.1 All material on this Site, including text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, digital downloads, databases, data compilations, data and software (Content) are the sole and exclusive property of Chemical Records or its affiliates and/or licensors. 19.4.2 Unless otherwise specified, this Site, the Services and Content are for your personal and non-commercial use only. 19.4.3 You may not use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the purpose of viewing their content and using the Services. 19.5 Objectionable Material We do our best to filter unwanted material, but while using the Services you may encounter Content that you find objectionable or offensive, and which may or may not be identified as being of an explicit nature. You agree to use the Services at your own risk and we will have no liability to you for such Content.
20. Communication 20.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights. 20.2 All notices given by you to us must be given to SatCure at the address or email address specified in the Email area of the Site. We may give notice to you at the email or postal address you provide to us when placing an order, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
21. General 21.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter. 21.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise. 21.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other. 21.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 21.5 These Terms shall be binding on and ensure for the benefit of each party's successors in title.
22. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.
23. SatCure SatCure Distribution is a trading name of Vision Aids Ltd. VAT Registration: GB715 2934 38 PO Box 73, Oakengates, Telford, TF2 8WR, United Kingdom
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