Website Terms and Conditions
Background:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ceratech.co.uk (“Our Website”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Website. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Website immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website; and
“We/Us/Our” means Ceratech Accuratus Ltd a company registered in England under 09085204, whose registered address is Ceratech House, Units 2-4 Ashridge Business Park, Forge Road, Kingsley, Hampshire. UK. GU35 9LW and whose main trading address is Ceratech House, Units 2-4 Ashridge Business Park, Forge Road, Kingsley, Hampshire. UK. GU35 9LW
2. Information About Us
2.1 Our Website,www.ceratech.co.uk is owned and operated by Ceratech Accuratus Ltd whose details are above. Our VAT number is GB 190 777 669.
2.2 We are a member of the Federation of Small Businesses
3. Access to Our Website
3.1 Access to Our Website is free of charge. No part of Our Website requires payment of any kind in order to access or use it.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Website.
3.3 Access to Our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Website (or any part of it) is unavailable at any time and for any period.
4. Website Accounts
Certain parts of Our Website (including the ability to purchase goods from us) may require an Account in order to access them.
You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Website that require an Account, your parent or guardian should create the Account for you and you must only use the Account under their supervision.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.
We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Act 1998, as set out in Clause 12.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Website requiring an Account for access.
If you close your Account, any reviews, comments etc you have created on Our Website will be deleted.
5. Contract
These Terms and Conditions govern the sale of goods by us and will form the basis of the Contract between Us and you. Before placing your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
Any sales and marketing literature, price lists and other documents provided by us do not constitute a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept.
A legally binding contract between us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you:-
6. Orders
All Orders for Goods made by you will be subject to these Terms and Conditions.
You may change your Order at any time before we despatch the Goods by contacting us. Requests to change Orders do not need to be made in writing.
If your Order is changed we will inform you of any change to the Price in writing.
You may cancel your Order at any time, before we despatch the Goods, by contacting us. If you have already paid for the Goods under Clause 8, the payment will be refunded to you within three working days. If you request that your Order be cancelled, you must confirm this cancellation in writing.
We may cancel your Order at any time before we despatch the Goods in the following circumstances:
The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued).
Or any event outside of Our control.
If we cancel your Order and you have already paid for the Goods the payment will be refunded to you within three working days. If We cancel your Order, the cancellation will be confirmed by us in writing.
If you order Products from our site for delivery outside the UK, they may be subject to export/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. Please note that we have no control over these charges and cannot predict what they will be. Please contact your local customs office for further information before placing your order.
7. Description and Specification of Goods
We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic displays.
If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to us. If, as a result of any such error or omission, you have paid too much, we will refund the excess paid for the Goods.
We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
8. Availability & Delivery
Your order will be fulfilled by the delivery date set out in the confirmation or, if no delivery date is specified, then as discussed with Us.
Delivery will be made to the address specified in your order.
Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request.
There will be no delivery until cleared funds have been received.
9. Price & Payment
The price of any Products will be as quoted on our site.
These prices exclude VAT as stated and exclude delivery costs, which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.
Despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures, so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit, debit card or paypal. We accept payment by Visa, Visa Electron, Mastercard, Maestro, and Paypal. We shall not despatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
10. Our Refunds Policy
When you return a Product to us:
10.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation, provided that the goods have been returned us in the same condition as delivered. In this case, we will refund the price of the Product in full, including the cost of sending the item to you, up to our cheapest delivery method. We will not refund premium delivery surcharges. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method as we will not be liable for any damage or loss whilst in transit.
10.2 For any other reason, we will examine the returned Product and if you are entitled, we will notify you via e-mail of our intentions to either repair, replace or refund, within a reasonable period of time. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect to have a refund of a Product returned by you because of a defect, it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you are entitled to a repair or replacement of a defective Product we will not charge you for re-delivery of the repaired or replaced Product.
Any Orders that are over 6 months old where the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.
Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and will be paid back into the same account.
11. Intellectual Property Rights
11.1 All Content included on Our Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
11.2 Subject to sub-Clauses 11.3 and 11.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Website unless given express written permission to do so by Us.
11.3 You may:
11.3.1 Access, view and use Our Website in a web browser (including any web browsing capability built into other types of software or app);
11.3.2 Download Our Site (or any part of it) for caching;
11.3.3 Print pages from Our Site;
11.3.4 Download extracts from pages on Our Site; and
11.3.5 Save pages from Our Site for later and/or offline viewing.
11.4 Our status as the owner and author of the Content on Our Website (or that of identified licensors, as appropriate) must always be acknowledged.
11.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
11.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
12. Links to Our Site
12.1 You may link to Our Website provided that:
12.1.1 You do so in a fair and legal manner;
12.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
12.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
12.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
12.2 You may link to any page of Our Website provided you comply with the remainder of this Clause 12.
12.3 Framing or embedding of Our Website on other websites is not permitted without Our express written permission. Please contact Us at sales@ceratech.co.uk for further information.
12.4 You may not link to Our Website from any other site the main content of which contains material that:
12.4.1 Is sexually explicit;
12.4.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.4.3 Promotes violence;
12.4.4 Promotes or assists in any form of unlawful activity;
12.4.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
12.4.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.4.7 Is calculated or is otherwise likely to deceive another person;
12.4.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
12.4.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.4);
12.4.10 Implies any form of affiliation with Us where none exists;
12.4.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
12.4.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.5 The content restrictions in sub-Clause 12.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 12.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
13. Links to Other Sites
Links to other sites may be included on Our Website. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
14. Disclaimers
14.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought.
14.2 We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
14.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
15. Risk & Title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due.
16. Our Liability
16.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
16.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
16.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
16.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
16.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
16.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
17. Viruses, Malware and Security
17.1 We exercise all reasonable skill and care to ensure that Our Website is secure and free from viruses and other malware.
17.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
17.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
17.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Website is stored, or any other server, computer, or database connected to Our Website .
17.5 You must not attack Our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
17.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Website will cease immediately in the event of such a breach.
18. Acceptable Usage Policy
18.1 You may only use Our Website in a manner that is lawful. Specifically:
18.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
18.1.2 You must not use Our Website in any way, or for any purpose, that is unlawful or fraudulent;
18.1.3 You must not use Our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
18.1.4 You must not use Our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
18.2 We reserve the right to suspend or terminate your access to Our Website if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
18.2.1 Suspend, whether temporarily or permanently, your right to access Our Site;
18.2.2 Issue you with a written warning;
18.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
18.2.4 Take further legal action against you as appropriate;
18.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
18.2.6 Any other actions which We deem reasonably appropriate (and lawful).
18.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
19. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://ceratech.co.uk/pages/privacy-policy these policies are incorporated into these Terms and Conditions by this reference.
20. Changes to these Terms and Conditions
20.1 We may alter these Terms and Conditions at any time. I Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
20.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
21. Contacting Us
To contact Us, please email Us using any of the methods provided on our contact page at https://ceratech.co.uk/pages/contact-us
22. Communications from Us
22.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
22.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to seven business days for your new preferences to take effect.
22.3 For questions or complaints about communications from Us including, but not limited to marketing emails, please contact Us at sales@ceratech.co.uk.
23. Data Protection
23.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
23.2 We may use your personal information to:
23.2.1 Reply to any communications you send to Us;
23.2.2 Send you important notices, as detailed in Clause 22;
23.3 We will not pass on your personal information to any third parties.
24. Law and Jurisdiction
24.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
24.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
24.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
25. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
26. 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 under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
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;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure 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 bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
27. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
28. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, conditions or provisions will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.