In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods, howsoever placed, shall be deemed to be an offer to treat from the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept any offer to treat received from the Buyer, at the seller's sole discretion.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is exclusive of VAT and exclusive of delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller using Royal Mail services or private carrier companies.
4.2 All Goods, wherever possible, will be delivered within 7 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
7.1 In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 1 year from the date of delivery.
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 As with the majority of products used by people, the use of the seller's products involves bodily risk to the buyer. The seller has attempted, in good faith, to foresee risks in the use of the seller's products and provide written warnings on bottles, labels, packaging, in instruction booklets and on the seller's web site. All information offered is believed to be true and is offered for consideration in good faith. There may be other risks which can't reasonably be foreseen by the Seller or were not known about at the time the product was purchased. The onus is on the purchaser to evaluate all possible risk, including the possible incompleteness or inaccuracy of currently available information, and by proceeding to use the refill product or products, the purchaser acknowledges that the purchaser conducted a complete risk assessment of their actions including but not necessarily limited to information provided by the seller.
9.1 VAT calculations, or the absence thereof, in the shopping basket are illustrative only and may be based on unsubstantiated information supplied by the Buyer and affected by changes in UK law over which the Seller has no control. The Seller reserves the right to implement the collection of VAT at its sole discretion, but where the Seller's decision in the matter would lead to different final cost than illustrated in the shopping basket offered by the Buyer, the Buyer will be notified before any processing and given the opportunity to agree to the proposal or cancel the order without penalty.
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
The company will not share with, or pass your data to, any third parties, persons or organizations for any purpose other than the following 3 unavoidable
1. Agents necessary to operate our service: we employ other companies and agents to perform functions on our behalf. Examples include delivering packages, delivering post and processing credit card payments. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act.
2. Business transfers: as we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that the Seller is acquired customer information would be one of the transferred assets.
3. Protection of the Seller and compliance with law: we release information when we believe that release is appropriate to comply with the law, to enforce or apply our terms and conditions and other agreements or to protect the rights, property or safety of the Seller, our users or others. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.
We only try to collect the information we need to be able to process your order, deliver products, process payments and communicate with you
about your orders. We do not send any unsolicited promotional material either through post or email, although instructional information about
how to refill toner cartridges may be included with your goods.
Here are the types of information we gather.
* Information you give us: we receive and store any information you enter on our website or give us in any other way.
* Cookies. Only session cookies are used on the website and only at the point where you start to assemble a shopping basket. Session cookies are abstract pieces of machine readable information which enable our server to know it is communicating with the same computer (ie. yours) over a period of about 20 minutes. Session cookies contain no personally identifiable data about you.
* E-mail address: As part of the ordering process we collect your email address because our credit card processing agents are required to have a way of contacting you about your transaction. We operate an opt-in email list for people who want to receive notification about the development of new products they are interested in. The opt-in is an explicit process, totally separate from that of placing an order with us. News is sent only to the people who explicitly opted-in and only about the specific product they opted-in for.
* We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts
information you input.
* We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
* We have consulted with IT professionals and adopted the highest known industry standard practices at every step in the development of our internet shopping and back-office systems.
* It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
If you choose to visit www.refilltoner.com, your visit and any dispute over privacy is subject to this Privacy Notice and our Terms and Conditions, including limitations on damages and application of the laws of England. If you have any concern about privacy, please send a thorough description through the Web Based contact form on our contact page. Our business changes constantly and our Privacy Notice and Terms and Conditions may change also. You should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.