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Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
Please read these Terms and Conditions carefully before you begin using our site. By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our site.
1. This website is operated by Fencing Essentials. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Fencing Essentials.
2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
GENERAL CONDITIONS
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
DELIVERY
18. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times). Please see our Delivery Information page for further information.
ORDER CANCELLATION
20. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items unless the items arrived faulty or damaged.
21. Where items have not been dispatched prior to a cancellation request, our Refund Policy will apply.
22. All voucher codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.
23. The voucher code must be entered into the Voucher Code field on the basket page and applied for the discount to be deducted from the order.
24. Unless stated discounts cannot be combined and only one offer can be applied to any order.
25. Items already reduced in price, displaying a 'Was' and 'Now' price are also excluded from voucher codes.
26. Offers can be amended or withdrawn at any time.
TRADE ACCOUNTS
27. Two types of trade accounts are available to business customers, either a standard trading account or a credit trading account. Credit trading accounts will be subject to credit reference checks on opening and on a periodic basis thereafter. To obtain credit trading account facilities applicants will need to complete the relevant application form, provide suitable references and abide by Bawden Contracting Services Ltds’ terms and conditions relating to the provision of credit facilities. A copy of these terms and conditions will be provided at the time of the account opening, credit facilities can be reduced or removed without advanced notice at the discretion of Bawden Contracting Services Ltd.
LIABILITY AND INDEMNITY
28. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
29. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
RELIANCE ON INFORMATION POSTED AND DISCLAIMER
30. The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
31. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and, to the fullest extent permitted by English law, we exclude all liability for loss or damages directly or indirectly arising from use of this site.
ACCESSING OUR WEBSITE
32. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
33. We are the owner or the licensee of all intellectual property rights on our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
34. You may print off one copy and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
35. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
36. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
37. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.
38. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
OUR WEBSITE CHANGES REGULARLY
39. We aim to update our site regularly and may change the site contents at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
40. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
41. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
42. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
43. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
44. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
45. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
OUTBOUND LINKS FROM OUR WEBSITE
46. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
JURISDICTION AND APPLICABLE LAW
47. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
48. The English courts will have non-exclusive jurisdiction over any claim arising from or related to a visit to our site.
49. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
TRADEMARKS
50. 'Fencing Essentials' is a trading name of Bawden Contracting Services Limited.
VARIATIONS
51. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS
52. If you have any concerns about material that appears on our site, please contact us at info@fencingessentials.co.uk.
ENTIRE AGREEMENT
53. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (also available through this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
GENERAL
54. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
55. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
COMPANY INFORMATION
Company Registration No.: 2520691
Place of Registration: England and Wales
Registered Office Address: Woodlands, 143 Countess Road, Amesbury, Wiltshire, SP4 7AR
Email address: info@fencingessentials.co.uk
VAT number: 542 051483