Terms & Condition for Sale
1) Our Customer Purchase orders can be mailed to info@qcon-me.com
2) Every customer order goes through Price/ Agreed Payment Terms / Credit limit check
3) Our official receipts should be obtained for cash payments, otherwise, our company will not be responsible.
4) Coverage rates provided are indicative and generally as per Manufacturer’s Technical Data Sheet. Project specification should be considered prior to quotation
5) For Website orders, you will have an opportunity to check and correct any input errors in your orders until the point at which you submit your order by clicking the confirm order and pay (or similar) button on the check out page of our website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for the Products you have ordered via the Website.
6) Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
7) Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:
a) subject to clauses 6 & 7, where you place an order via the Website, we accept your order when the Products are despatched to you or at the point the Products are collected by you in store (as the case may be);
b) where you place an order via the Website for Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications, we accept your order seven days after the date of your order or when we start to cut, make, mix or customise those Products, whichever is earlier.
c) where you place an order via the Website for Products which are liable to deteriorate or expire, (such as chemicals and paints), we accept your order seven days after the date of your order or when we start to prepare the Products for delivery or collection, whichever is earlier.
d) where you place an order in store, we accept your order when we provide you with a sales advice confirming that the order has been placed and processed; and
e) when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.
8) We may choose not to accept your order (or offer to make a purchase) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
9) Our agreement is formed when we accept your order (or offer to make a purchase). The processing of your payment and acknowledgment of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
10) If we accept your order, we have a legal duty to supply our Products in conformity with our agreement.
11) Collection terms:
a) Orders shall be placed 24 hours before collection
b) Orders received after 3pm will be treated as the next day’s order
CONTRACT TERMS, VARIATIONS AND REPRESENTATIONS
(a) In these conditions, "the Seller" means qconworld.com as may sell the Goods; "the Buyer" means the individual, firm, company or other party with whom the Seller contracts; "the Goods" means the Goods (including any installment of the Goods) which the Seller is to supply in accordance with these conditions; "the Services" means the whole or any part of the services which the Seller is to supply or carry out; "the Contract" means any contract under which the Seller provides Services and/or sells the Goods to the Buyer; "Supply" includes (but is not limited to) any supply under a contract of sale.
(b) No order in pursuance of any quotation or otherwise shall be binding on the Seller unless and until such order is accepted by the Seller. Any Contract made between the Seller and the Buyer shall be subject to these conditions and save as after mentioned no representative or agent of the Seller has authority to agree any terms or make any representations inconsistent with them or to enter into any contract except on the basis of them; any such term representation or contract will bind the Seller only if in writing and signed by an authorized signatory of the Seller.
(c) Unless otherwise agreed in writing by the Seller these conditions shall apply to the exclusion of any terms and conditions stipulated or referred to by the Buyer in his order or pre-contract negotiations or any inconsistent terms implied by law or trade custom, practice or course of dealing.
(d) Any general description contained in the Seller's catalogues or other advertising material shall not form a representation or be part of the Contract.
(e) Where the Seller has not given a written acknowledgment of the Buyer's order these conditions will nonetheless apply to the Contract provided that the Buyer has had prior notice of them.
(f) The Seller reserves the right to correct any clerical or typographical errors made by its employees at any time.
(g) In case of any disputes the law applicable would be based on the UAE Governing Law.
- You must be 18 or over to purchase Products from us via our Website. Certain Products (for example knives) can only be purchased if you satisfy the legal age requirement for that Product which can be found in the relevant Product description. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage please do not attempt to order or purchase these Products. By ordering and/or purchasing Products you agree that you satisfy the legal age requirements for those Products. We reserve the right not to supply any age restricted Products where we reasonably believe that you are below the relevant legal age for those Products.
- We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images
- Natural products may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.
- Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an order and/or purchasing a Product.
- If your order includes Products that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return as set out in clause 8 below will not be available unless the Products are faulty or incorrectly delivered.
- Where we agree to provide a specifically designed plan as part of or in connection with your order, you will be responsible for checking the accuracy and suitability of the plan and ensuring it meets your requirements before placing an order. Any such plan is, and remains, our property and may not be reproduced in whole or in part without our prior written consent. Any such plan may only be used by you in connection with a quotation or order for Products and/or services from us and/or the provision of Products and/or services by us to you. You are responsible for checking that the details of the plan, and any resulting quotation, are complete, accurate and meet your requirements before committing yourself to an order.
- Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select; please see our Delivery Terms for further details
- Unless otherwise stated in the Quotation or Order Acknowledgment Form, all prices quoted are strictly net EX Works, QCON warehouse.
- Prices quoted by QCON General Trading LLC are exclusive of indirect taxes, including but not limited to Value Added Tax (VAT), as applicable pursuant to the relevant laws. Indirect taxes shall be borne by the Buyer.
- Should the costs of raw materials used in the production of the Products to be delivered increase between the conclusion of this contract and delivery, QCON General Trading LLC shall likewise be entitled to increase the prices of the Products to be delivered under this contract. In this event, the Customer shall be entitled to decline acceptance of the deliveries affected by the price increase by written notification within seven (7) days of receipt of the notice of price increase.
- Price set out in any Quotation or Order Acknowledgment Form may be varied by Seller to take account of any increase in Seller’s cost which occurs before the Contract is completed. Any variation in the Contract, suspension of work or failure to give timely instructions to Seller by Buyer will give rise to an adjustment of the price if Seller’s costs are thereby increased
- Any incident or circumstances beyond the QCON General Trading LLC's control such as natural occurrences, embargos, war, strikes, lock-outs, shortages of raw materials and energy, obstruction of transportation, breakdown of manufacturing equipment, fire, explosion, or acts of government shall relieve the Seller from its obligations under this contract to the extent QCON General Trading LLC is prevented from performing such obligations.
- Any Buyer requested changes to an existing order may result in new scheduled ship date for that order
- We may update prices at any time. Despite our best efforts, a small number of the thousands of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
- From time to time we may apply promotional prices to Products, including Website or in-store only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not be applicable to in-store orders or purchases, and in-store only prices will not be applicable to Website orders or purchases. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
- Prices for commodity goods will be updated regularly, please visit our Website or ask in store for further details.
- Where we provide a quote to you it will be subject to the terms and conditions applicable to that quote.
- All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your order for those Products and refund the price you have paid for those Products.
Delivery Charges & Shipping Policy
At QCON, we offer standard delivery in 2 – 5 working days depending on the availability of stocks, bulk delivery services to help you get everything you need for your DIY project, direct to your door.
We’re making some changes to the way we make our deliveries. We are focussed on protecting our colleagues and customers while continuing to safely deliver products to you. The safety of our colleagues and customers is our priority. This is why we’re making some changes to minimize contact during delivery. We’ll no longer deliver items into customers’ homes. Instead, we’ll place items by your front door.
- For smoother and faster order processing, please mention Delivery location and contact details with our quotation reference number in all your purchase orders, along with prices and payment terms as agreed.
- For order processing and delivery allow 1-2 working days for material normally available in stocks at our warehouse. Please wait for our Team to contact you in case there’s any delay due to the non-availability of the material or items will lead time from Manufacturers.
- Call-off deliveries will be accepted against a detailed delivery schedule and full quantity order
- Offloading of materials at the site is the customer's responsibility
- Delivered items are to be checked and signed by the client, QCON General Trading LLC will not be responsible for any missing items after the delivery note has been signed by the client. If any damage is not reported during purchase or delivery, we shall not be liable to offer any Exchange, Credit note.
- Any delivery date given by Seller to Buyer shall be and be construed as an estimate. Seller will make a reasonable endeavor to meet such delivery date, but it shall not be construed as a guarantee, warranty, representation, or condition of purchase. Time shall not be of the essence with regard to delivery or completion of the Contract by Seller. The Seller shall not be liable in law, equity, or otherwise for any loss or damage (including consequential loss or damage) by reason of any delay in delivery, repudiate, or cancel the Contract as a result of any delay in delivery. Delay in delivery shall not affect the obligations of Buyer to pay the full price for the Goods.
- Performance of the stipulated time for delivery is further subject to the timely receipt by Seller of all required documentation, necessary permits, releases, and plans to be provided by Buyer, and timely fulfillment of all obligations of Buyer herein. To the extent said conditions are not fulfilled on time, the time for delivery and/or completion shall be extended accordingly and as necessary to overcome the delay. Further, if delivery of Goods is delayed by circumstances for which Seller is not responsible, Seller shall be entitled to an equitable adjustment in schedule, price and other pertinent provisions of the Contract.
- If dispatch or delivery is delayed by more than 1 (one) month after notice was given of the readiness for dispatch by Seller due to reasons for which Seller is not responsible, Seller may charge Buyer storage costs for each commenced month thereafter of 0.5 % (zero point five per cent) of the price of the respective Goods or the actual costs of storage if such are higher. If Buyer causes a delay to the provision of the Goods, Buyer shall reimburse Seller all additional costs and expenses incurred due to such delay.
- Transportation: Where the price of the Goods is inclusive of the cost of transportation. Seller shall select the carrier in its sole discretion. Where the price of the Goods does not include the cost of transportation, the transportation charges shall be billed to the Buyer in addition to the price set out in the Quotation or Order Acknowledgment Form.
QCON has partnered with the local approved courier and transport companies to make collecting, returning and sending products easy
- Making it easy to collect a parcel - Have your online shopping delivered to a collection point and you can collect it at a time that it suits you.
- Returns are straight-forward - If you've changed your mind and need to send items back, it's quick to return parcels at a QCON store.
Standard Delivery Charges
AED 25 up to 25kg, AED 1.50 for every additional 1kg.
Delivery services
Service |
Details
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Next Day Delivery
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- Next day delivery as standard for hundreds of products, depending on availability of stock
If products are in stock, we can deliver most items on the next day, subject to; them being available in store, they are eligible for home delivery, have a minimum load limit of less than and within within radius of the store.
- Order by 10am and request next day delivery (excluding Friday and public holidays). Our team will do their best to prioritize, if possible. Delivery times range from 2 to 7 working days , depending on availability of stock
- Friday deliveries are available to certain locations
- If next day doesn’t suit you or not possible, another date shall be communicated to you by our team
- A signature will be required on delivery.
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Bulk Delivery
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- Receive a call from the driver when on route
- Minimum order value of AED 125 across any combination of bulk delivered products
- Our bulk delivery service excludes some restricted areas by our courier and transportation companies
- A signature will be required on delivery.
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What happens at your front door
- The majority of our products will be delivered to your front door.
- Some items may be delivered to kerb-side (the street outside your home) or to a ground floor room of your choice.
- You will need to be in to receive your delivery, and a signature may be required.
- If you’re not in when we try to deliver, we’ll leave a card letting you know how to rearrange delivery for a suitable time.
Ordering more than one item
- If you are ordering more than one item, please be aware that items may not be delivered together. Check the details provided at the checkout.
- If ordering multiple items, please be aware that these may be grouped together for a single delivery. The delivery date will be based on the product with the longest timescale shown.
- If your order contains large delivery items, as well as standard delivery items, you’ll be charged for large delivery. If your order contains bulk delivery items, as well as standard and/or large delivery items, you’ll be charged for bulk delivery. Your order will only have one delivery charge.
Remote delivery locations
- We are unable to deliver to some addresses.
- Please note that delivery to some locations may take longer, or be subject to restriction If you live in certain parts of the UAE, it may take a little longer for a next day home delivery order to arrive, or you may be living within a vendor delivery exclusion zone.
Made to measure products
- We’ll let you know how long it will take for your product to be manufactured and delivered on the product page.
- Your delivery date will be confirmed once we have received all dimensions and other details required to begin manufacture.
- For Website and customer orders, without approved credit facility from us, we must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.
- Special Products Payment Requirements: 50% down-payment is required on placing purchasing order. The remaining balance of 50% should be paid according to the agreed payment terms.
- Cheques shall be issued in the name of “Q CON GENERAL TRADING LLC”
- Payment by Buyer pursuant to the Contract shall be made in accordance with the terms of the applicable invoice • Bank details for direct remittances:
BANK NAME: Abu Dhabi Commercial Bank
ACCOUNT NAME: QCON GENERAL TRADING LLC
BRANCH: 258 - SHEIKH ZAYED ROAD BRANCH
ACCOUNT NO.: 11268718920001
IBAN AED: AE580030011268718920001
SWIFT CODE: ADCBAEAA
- Payment can be made by most major credit or debit cards, and by other online payment methods (including PayPal Apple Pay and Google Pay)
- If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. If you use PayPal to pay for your order and the issuer of the card or the payment provider that operates the account that you use to fund or which is linked with your PayPal account refuses to authorise payment, we reserve the right to reject your order and will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the rejection.
- We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
- You are responsible for all orders placed by your authorised employees.
Returns and cancellations
- We want you to receive your items quickly, so we begin to process your order as soon as we receive it. This means we have a small window (often less than couple of hours) in which we can cancel an order. As a result, there are limited circumstances where we can cancel your home delivery order. If you no longer wish to receive your order, you can refuse delivery of the goods and we will refund your money.
- It is not possible to amend or cancel orders placed for next day delivery due to the limited time between the order being placed and being dispatched for delivery.
- Products can be returned to any QCON store, whether bought in-store or online. If you need to return your order for any reason
- Can I cancel my order?
If you’ve changed your mind, not to worry, you can call your collection store directly. They’ll be able to cancel and refund your order.If you are not 100% satisfied with your purchase, you can either return your order for a full refund or exchange it for something else. You can return or exchange your purchase for up to 3 days from the purchase date. Returned or exchanged products must be in the condition you received them and in the original box and/or packaging.
- When will I get my Refund?
We will refund you within 14 days. The refund will go back to the payment method you used when placing your order.
- What should I do if I’ve already used or installed something which has developed a fault?
Please return the faulty item to a QCON store with all the components so that we can advise on the next steps. For your convenience, if the product has already been installed, please call our contact centre on +9714-3348881 and we’ll see if we can resolve the issue without the need to remove the product.
- What do I do if I receive a faulty, missing or wrong item?
We’re really sorry about that. Please return it to your local store or give us a call at our contact centre on +9714-3348881 or email at info@qconworld.com
Customer’s failure to pay QCON General Trading LLC or it's principal Brand Partners (Manufacturers) when due, the full contract price for materials supplied by QCON voids the warranty.
- If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Delivery Terms. Depending on your location, some Products may only be available in store and some Products may not be available to purchase on our Website.
- You can see a full set of our Delivery Terms on the Website.
- Subject to availability and our Delivery Terms, where we have agreed to deliver the Products, we will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your order. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
- You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.
- We will not provide any unpacking, installation, fitting or waste removal services, unless otherwise agreed by us.
- Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your order.
- If you do not receive your Products on the stated delivery date, you must notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your ordered Products and checked all of them for any defects or missing parts.
- Each Product remains our property until you have paid for it in full or we have provided the Product to you (whichever occurs later), whereupon you will own the Product. On delivery of the Products to you or collection of the Products by you (as the case may be), the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage.
- Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.
- Returns & exchanges of unopened and unused materials are accepted within 7 days from purchase or delivery date with valid reason.
- Exchange or Credit note shall be provided only if the goods are in good condition.
- Original Invoice & Delivery Note is mandatory for Exchange or Credit note
- Please keep your proof of purchase for anything you buy from us. Although you are not obliged to, doing so will ensure we can help you if you need to bring something back.
- You may cancel your order (or any part of it) and return your Products for any reason before dispatch (where applicable) or within 7 days after the date of delivery or collection (as the case may be) by:
a) calling us on +9714-3348881 (lines are open 8am to 6pm weekdays) or e-mailing us at info@qconworld.com and stores@qcon-me.com to cancel the order (or part of it);
b) In each case, please bring your proof of purchase and, where applicable, the credit/debit card used for payment.
- Where your order comprises multiple delivery shipments, the 7-day cancellation period for the Products in your order runs from the date of the delivery of the last shipment to you.
- You will lose your right to cancel after the expiry of the 7-day period referred to in clause 2 above (this does not affect your rights if there is any problem with the Products).
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- The right to cancel your order set out above is subject to the following exclusions:
a) Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered.
b) Products which are liable to deteriorate or expire, such as chemicals and paints, will not be exchanged or refunded unless they are faulty or incorrectly delivered.
c) your right of cancellation does not apply to Products which are not suitable for return due to health or hygiene reasons, if you have opened the Product packaging after delivery or collection; and
d) your right of cancellation does not apply to Products which become mixed inseparably with other items after delivery or collection (which may be the case where the Products are installed).
- In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your order if the Products are placed into our delivery process before we receive your notice of cancellation.
- Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). We will pay the refund within 14 days after the day:
a) you notified us to cancel your order, where you have not received the Products (and the Products have not been despatched to you); or
b) we receive the Products you returned to us, where you are in receipt of the Products; or
c) you provide us with a proof of return for the Products, where you have returned the Products, but we have not yet received them.
- If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order; if you paid for your order by cheque, we will provide you with a cheque for the amount of the refund; if you paid for the order in cash, we will refund you in cash or, at our discretion, by cheque; if you paid for your order using a gift card, we will issue a credit note for the amount of the refund. If you paid for your order using an online payment service (such as PayPal, Apple Pay or Google Pay) , we will refund you on the account or using the online payment method you used to pay for the order, unless we agree otherwise with you.
- You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Products (in which case you must comply with any disposal instructions). Unless the Product(s) is(are) faulty or not as described or purchased and delivered simultaneously while we are in your property, you will be responsible for the cost of returning the Product(s). For certain Products we offer a collection service. Please contact us for further details. We may charge a fee for this service.
- You must keep the Product(s) you wish to return in your possession and always always take reasonable care of the Product(s), while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).
- We reserve the right to require proof of identity.
YOUR CONSUMER RIGHTS ARE NOT AFFECTED
Cancellation Form
To: QCON General Trading LLC
Address: P.O. Box 393677, Dubai
Email address: info@qconworld.com
I/we hereby give notice that I/we cancel my/our contract of sale of the following goods/for the supply of the following service:
Ordered on/received on:...........................................
Name of consumer(s):..............................................
Address of consumer(s):...........................................
Invoice number: ...........................................
Product Name: ...........................................
Product Quantity: ...........................................
Reason: ...........................................
Signature of consumer(s) (only if this form is notified on paper):
..................................................................
Date:.............................................................
- On receipt of the Products you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
- In addition to the right to cancel an order, if there is a problem with your order or the Product(s) you purchase is(are) faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Please call us on +9714-3348881 (lines are open 8am to 6pm weekdays) or e-mailing us at info@qconworld.com and stores@qcon-me.com to arrange. Alternatively, you can return faulty Products in store.
Title to the Goods shall remain with Seller until each and every claim against Buyer to which Seller is entitled under this business relationship has been duly satisfied.
If you are acting as a consumer
- If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:
a) loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
b) loss which arises when we are not at fault or in breach of our agreement; and
c) business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
- If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer.
- We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a consumer or business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.
Liability provisions that apply whether you act as a consumer or business customer
If you are acting as a business customer
- If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.
- Without prejudice to above clause, if you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
a) loss of profits, revenue, sales, income, or business;
b) loss of savings;
c) loss of use or production;
d) loss of goodwill;
e) business interruption;
f) subject to clause Faulty goods, remedial costs if the Products are damaged or defective;
g) damage to property or possessions through use or misuse of the Products;
e) loss caused by delay or other late performance; and
f) indirect or consequential losses.
- If you are acting as a business customer in your ordering and/or purchasing of Products, you acknowledge and agree that all our obligations to you are set out in our agreement.
- If you are acting as a business customer in your ordering and/or purchasing of Products, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
- We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.
Liability provisions that apply whether you act as a consumer or business customer
- Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
- Our Website, catalogues and other media may contain information and materials created and submitted by third parties, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you, provided that where you have paid for Products in advance of our cancellation of our agreement, we shall, at our discretion, supply those Products to you or cancel the supply of those Products and refund you the price paid for those Products.
Events beyond our control
We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
- In the course of our dealings with you we will collect and process personal information about you, including to administer and process your order, and to provide the Products. Further information on the manner in which we process personal information is set out in our Privacy Policy, a copy of which is available on our Website.
- Calls to our contact centre may be monitored and/or recorded for quality control and training purposes.
If you make a complaint, we will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.