This page (together with the documents expressly referred to on it, tells you information about us and the legal terms and conditions (Terms) in which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated in February 2017.
These Terms, and any contract between us, are only in the English language.
INFORMATION ABOUT US
We operate the website www.cheadleastro.co.uk. We are Cheadle Astro Technology Limited, a limited company registered in England and Wales under company number 08918060, with our registered office at 10 Church Road, Cheadle Hulme, Cheadle, Cheshire, SK8 6JU and our operating address at 1 Granby Road, Cheadle Hulme, Cheadle, Cheshire, SK8 6LS. We are not VAT registered.
To contact us, please see our Contact Us page at www.cheadleastro.co.uk/contact.html
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour if the Products. Your products may vary slightly from those images.
The packaging of the products may vary from any shown on images on our site.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
USE OF OUR SITE
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our site to purchase Products.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
For the steps you need to take to place an order on our site, please see the instructions on our How to Order page.
After you place an order, you will receive a confirmation of order via PAYPAL acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our site as referred to in clause 12.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements
Every time you order products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 9 only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract under rhe Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out in below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to our operating address as set out in clause 1.1. You may wish to keep a copy of your cancellation notice for your own records.
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund by way of PAYPAL.
If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Details of your legal right to cancel and an explanation of how to excercise it are provided in the Dispatch Confirmation.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be complete when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
NO INTERNATIONAL DELIVERY
Unfortunately, we do not deliver to addresses outside the United Kingdom (UK).
You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of the Product(s) you ordered, please see clause 12.4 for what happens in this event.
Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Order Our Products page.
Our site may contain at any one time a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price us less than the price stated on our site, we will charge you the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products at the incorrect (lower) price; and
(b) if the Product's price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
You can only pay for the Products using PAYPAL.
Payment for the Products and all applicable delivery charges is in advance.
OUR WARRANTY FOR THE PRODUCTS
For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
The warranty in clause 14.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other liability which we cannot exclude or limit in law.
Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you purchased.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other breach which we cannot exclude or limit in law.
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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
When we refer, in these Terms, to "in writing", this will include e-mail.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Cheadle Astro Technology Limited at the operating address given in clause 1.1. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.