Terms of Supply
This page (together with the documents referred to on it) tells you the terms and
conditions on which we supply any of the products (Products) listed on our website www.agileofficesystems.co.uk
(our site) to you. Please read these terms and conditions carefully before ordering
any Products from our site. You should understand that by ordering any of our Products,
you agree to be bound by these terms and conditions.
You should print a copy of these
terms and conditions for future reference.
Please click on the button marked "I Accept"
at the end of these terms and conditions if you accept them. Please understand that
if you refuse to accept these terms and conditions, you will not be able to order
any Products from our site.
1. OUR STATUS
By placing an order through our site, you
warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You
are at least 18 years old;
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After
placing an order, you will receive an email from us acknowledging that we have received
your order. Please note that this does not mean that your order has been accepted. Your
order constitutes an offer to us to buy a Product. All orders are subject to acceptance
by us, and we will confirm such acceptance to you by sending you an email that confirms
that the Product has been dispatched (the Dispatch Confirmation). The contract between
us (Contract) will only be formed when we send you the Dispatch Confirmation.
2.2 The
Contract will relate only to those Products whose dispatch we have confirmed in the
Dispatch Confirmation. We will not be obliged to supply any other Products which
may have been part of your order until the dispatch of such Products has been confirmed
in a separate Dispatch Confirmation.
3. OUR STATUS
3.1 Please note that in some cases,
we accept orders as agents on behalf of third party sellers. The resulting legal
contract is between you and that third party seller, and is subject to the terms
and conditions of that third party seller, which they will advise you of directly. You
should carefully review their terms and conditions applying to the transaction.
3.2 We
may also provide links on our site to the websites of other companies, whether affiliated
with us or not. We cannot give any undertaking, that products you purchase from
third party sellers through our site, or from companies to whose website we have
provided a link on our site, will be of satisfactory quality, and any such warranties
are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory
rights against the third party seller. We will notify you when a third party is
involved in a transaction, and we may disclose your customer information related
to that transaction to the third party seller.
4. CONSUMER RIGHTS
4.1 If you are contracting
as a consumer, you may cancel a Contract at any time within seven working days, beginning
on the day after you received the Products. In this case, you will receive a full
refund of the price paid for the Products in accordance with our refunds policy (set
out below).
4.2 Details of this statutory right, and an explanation of how to exercise
it, are provided in the Dispatch Confirmation. This provision does not affect your
statutory rights.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the
delivery date set out in the Dispatch Confirmation or, if no delivery date is specified,
then within a reasonable time of the date of the Dispatch Confirmation, unless there
are exceptional circumstances.
6. RISK AND TITLE
6.1 The Products will be at your
risk from the time of delivery.
6.2 Ownership of the Products will only pass to you
when we receive full payment of all sums due in respect of the Products, including
delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted
on our site from time to time, except in cases of obvious error.
7.2 These prices
include VAT but exclude delivery costs, which will be added to the total amount due
7.3 Prices
are liable to change at any time, but changes will not affect orders in respect of
which we have already sent you a
Dispatch Confirmation.
7.4 Our site contains a large
number of Products and it is always possible that, 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.
7.5 We
are under no obligation to provide the Product to you at the incorrect (lower) price,
even after we have sent you a Dispatch Confirmation, if the pricing error is obvious
and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment
for all Products must be by credit or debit card. We accept payment with all major
credit cards. We will not charge your credit or debit card until we despatch your
order.
8. OUR REFUNDS POLICY
8.1 When you return a Product to us:
(a) because you have
cancelled the Contract between us within the seven-day cooling-off period (see clause
above), we will process the refund due to you as soon as possible and, in any case,
within 30 days of the day you have given notice of your cancellation. In this case,
we will refund the price of the Product in full, including the cost of sending the
item to you. However, you will be responsible for the cost of returning the item
to us.
(b) for any other reason (for instance, because have notified us in accordance
with paragraph 20 that you do not agree to any change in these terms and conditions
or in any of our policies, or because you claim that the Product is defective), we
will examine the returned Product and will notify you of your refund via email within
a reasonable period of time. We will usually process the refund due to you as soon
as possible and, in any case, within 30 days of the day we confirmed to you via email
that you were entitled to a refund for the defective Product. Products returned by
you because of a defect will be refunded in full, including a refund of the delivery
charges for sending the item to you and the cost incurred by you in returning the
item to us.
8.2 We will usually refund any money received from you using the same
method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.1 We warrant
to you that any Product purchased from us through our site is of satisfactory quality
and reasonably fit for all the purposes for which products of the kind are commonly
supplied.
9.2 Our liability for losses you suffer as a result of us breaking this
agreement is strictly limited to the purchase price of the Product you purchased.
9.3 This
does not include or limit in any way our liability:
(a) For death or personal injury
caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For
fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be
illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible
for indirect losses which happen as a side effect of the main loss or damage and
which are not foreseeable by you and us, including but not limited to:
(a) loss of
income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of
anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or
office time however arising and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable;
9.5 If you order Products from our
site for delivery outside the UK, they may be subject to 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 their amount. Please contact
your local customs office for further information before placing your order.
9.6 Please
also note that you must comply with all applicable laws and regulations of the country
for which the products are destined. We will not be liable for any breach by you
of any such laws.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of
the information or communications we send to you should be in writing. When using
our site, you accept that communication with us will be mainly electronic. We will
contact you by email or provide you with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of communication and you
acknowledge that all contracts, notices, information and other communications that
we provide to you electronically comply with any legal requirement that such communications
be in writing. This condition does not affect your statutory rights.
11. NOTICES
All
notices given by you to us must be given to Agile Office Systems, 4 Old Station Court,
Blunham, Bedford MK44 3PN or info@agileofficesystems.co.uk . We may give notice to
you at either the email or postal address you provide to us when placing an order,
or in any of the ways specified in clause 10 above. Notice will be deemed received
and properly served immediately when posted on our website, 24 hours after an email
is sent, or three days after the date of posting of any letter. In proving the service
of any notice, it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post and, in the case of
an email, that such email was sent to the specified email address of the addressee.
12. TRANSFER
OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and
us and on our respective successors and assigns.
12.2 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.
12.3 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.
13. EVENTS OUTSIDE
OUR CONTROL
13.1 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 events outside our reasonable control (Force Majeure Event).
13.2 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:
(a) Strikes,
lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat or
preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.
(e) Impossibility of
the use of public or private telecommunications networks.
(f) The acts, decrees, legislation,
regulations or restrictions of any government.
13.3 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.
14. WAIVER
14.1 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.
14.2 A waiver by us of any default shall not constitute a waiver
of any subsequent default.
14.3 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 in accordance with clause 10.
15. 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 term, condition or provision
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.
16. ENTIRE
AGREEMENT
We intend to rely upon these terms and conditions and any document expressly
referred to in them in relation to the subject matter of any Contract. While we accept
responsibility for statements and representations made by our duly authorised agents,
please make sure you ask for any variations from these terms and conditions to be
confirmed in writing.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have
the right to revise and amend these terms and conditions from time to time to reflect
changes in market conditions affecting our business, changes in technology, changes
in payment methods, changes in relevant laws and regulatory requirements and changes
in our system's capabilities.
17.2 You will be subject to the policies and terms
and conditions in force at the time that you order products from us, unless any change
to those policies or these terms and conditions is required to be made by law or
governmental authority (in which case it will apply to orders previously placed by
you), or if we notify you of the change to those policies or these terms and conditions
before we send you the Dispatch Confirmation (in which case we have the right to
assume that you have accepted the change to the terms and conditions, unless you
notify us to the contrary within seven working days of receipt by you of the Products).
18. LAW
AND JURISDICTION
Contracts for the purchase of Products through our site will be
governed by English law. Any dispute arising from, or related to, such Contracts
shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
