BRITEANGLE TERMS & CONDITIONS
1 These terms
1.1 - What these terms cover.
These are the terms and conditions on which we sell the BriteAngle product (the Product) to you on our website http://www.briteangle.com/ (our site).
1.2 - Why you should read them.
Please read these terms carefully and make sure that you understand them before you submit your order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. Please note that by placing an order for the Product, you confirm that you accept these terms and that you agree to comply with them.
2 Information about us and how to contact us
2.1 - Who we are.
We are Road Safety Designs Limited a company registered in England and Wales under company number 09335164 and with our registered office at 5 Callaghan Square, Cardiff CF10 5BT. Our registered VAT number is 225501639.
2.2 - How to contact us.
You can contact us by telephoning us on 0333 939 8272 or by writing to us at firstname.lastname@example.org or Road Safety Designs Ltd, The Studio, Box 252, Penarth CF64 9FU.
2.3 - How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide in your order.
2.4 - "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 - How we will accept your order.
Our acceptance of your order will take place when we email you to confirm that the Product has been dispatched, at which point a contract will come into existence between you and us.
3.2 - If we cannot accept your order.
If we are unable to accept your order, you will be informed of this and you will not be charged for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
4 Our products
4.1 - Product may vary slightly from its pictures.
The images of the Product on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Product. Your Product may vary slightly from those images.
4.2 - Product packaging may vary.
The packaging of the Product may vary from that shown in images on our site.
5 Our rights to make changes
5.1 - Minor changes to the Product.
We may change the Product:
5.1.1 - to reflect changes in relevant laws and regulatory requirements; and
5.1.2 - to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
6 Providing the products
6.1 - Delivery costs
The costs of delivery will be as displayed to you on our site.
6.2 - Placing your order
All orders are to be placed via our site. During the order process, you will be given an estimated delivery date. We engage CBF Group Limited to fulfil orders for the Product for us.
6.3 - When you become responsible for the Products.
The Product that you purchase from us will be your responsibility from the time the Product is delivered to the address provided by you to us.
6.4 - When you own Products.
You own the Product that you purchase from us once we have received payment in full.
7 Your rights to end the contract
7.1 - Can you end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the Product you've bought and when you decide to end the contract:
7.1.1 - If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or all of your money back), see clause 9;
7.1.2 - If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 - If you have just changed your mind about the Product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products.
7.2 - Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 - there is a risk that supply of the Products may be significantly delayed because of events outside our control;
7.2.2 - we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.3 - you have a legal right to end the contract because of something we have done wrong.
7.3 - Exercising your right to change your mind (Consumer Contracts Regulations 2013).
Under the Consumer Contracts Regulations 2013, for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Your Right under the Consumer Contracts Regulations 2013
You can return your Products within the 14 day period starting from the date that the Products are delivered to you.
You must pay costs of return unless we tell you otherwise.
8 How to end the contract with us (including if you have changed your mind)
8.1 - Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 - Phone or email. Call customer services on us on 0333 939 8272 or write to email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 - Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us using the returns label enclosed with your Product or if a return label is not provided please contact us and we will tell you where to return the Product to.
8.3 - When your refund will be made. We will make any refunds due to you as soon as possible.
9 If there is a problem with the product
9.1 - How to tell us about problems.
If you have any questions or complaints about the Product, please contact us using the contact details specified above.
9.2 - Summary of your legal rights.
We are under a legal duty to supply Products that are in conformity with this contract. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in these terms will affect your legal rights.
9.3 - Your obligation to return rejected Products.
If you wish to exercise your legal rights to reject Products you must post notify us and return the Products using the returns label enclosed with your Product.
9.4 - Our Products come with a manufacturer’s warranty.
9.4.1 - A manufacturer’s warranty is provided with the Product. The form of the warranty is at Appendix 1 (Warranty).
9.4.2 - Except as expressly stated in the Warranty, we do not give any representations, warranties or undertakings in relation to the Product. Any representation, warranty or undertaking which might be implied or incorporated into our agreement to sell the Product to you by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
9.4.3 - No resellers, agents, partners, affiliates or employees are authorised to make any modifications, extensions or additions to the Warranty.
10 Price and payment
The price of the Product (which includes VAT) will be the price indicated on the order pages when you place your order on our site. The price for the Product must be paid before we dispatch the Product to you.
11 Our liability
11.1 - We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our subcontractors or agents, for fraud or for fraudulent misrepresentation.
11.2 - Subject to clause 11.1, our total liability to you in respect of all losses arising out of or in connection with our agreement to sell the Product to you, whether in tort, contract (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed 100% of the price you pay for the Product giving rise to the claim.
11.3 - Subject to clauses 11.1 and 11.2, We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract between us was made, both we and you knew it might happen.
11.4 - The Product has been supplied to you for consumer use. Subject to clause 11.1, if you use the Products for any commercial, business or re-sale purpose we will under no circumstances whatsoever be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12 Events outside our control
12.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control.
12.2 - An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
12.3 - If any Event Outside Our Control takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
13 How we may use your personal information
13.1 - How we will use your personal information.
We will use the personal information you provide to us:
13.1.1 - to supply the Products to you; and
13.1.2 - to process your payment for the Products.
13.2 - We will only give your personal information to third parties where the law either requires or allows us to do so.
14 Other important terms
14.1 - We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any Product not provided.
14.2 - You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, the manufacturer’s warranty at clause 9.4 will automatically be transferred to a person who has acquired the Product from you. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the Product.
14.3 - Nobody else has any rights under this contract (except someone the manufacturer’s warranty is transferred to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of the warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 - If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 - Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Product to you, we can still require you to make the payment at a later date.
14.6 - Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.