Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
ATTENTION: PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. THIS NOTICE IS ISSUED BY VAX LIMITED.
THIS WEBSITE SHOULD ONLY BE USED FOR CONSUMER PURCHASES. IF YOU ARE A BUSINESS, PLEASE VISIT OUR BUSINESS WEBSITE WHICH IS LOCATED HERE www.vaxcommercial.co.uk
1. This website is operated by Vax Limited (“we”, “us”, “our” or “Vax”) and these terms (“Terms”) apply to goods supplied directly to you by Vax Limited via this website. We are registered in England and Wales with company no. 1341840 ("Vax"). Our registered office is at 2 Colmore Square, 38 Colmore Circus, Queensway, Birmingham, B4 6BN. Our main trading address is 2 Colmore Square, 58 Colmore Circus, Queensway, Birmingham, B4 6BN. Our VAT number is GB747876269.
FORMATION OF THE CONTRACT
2. The shopping pages of our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail [that confirms that your order has been accepted ("Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation. If we are unable to supply you with some or all of your order, for example because the goods are not in stock or are no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the goods we will refund you the full amount including any delivery costs charged as soon as possible.
3. The contract is subject to your cancellation rights (see clauses 24 to 27 below).
4. We may amend these Terms from time to time by uploading a revised version to the website. Every time you wish to order goods, please check these Terms to ensure you are familiar with the most up to date version and that you understand the terms which will apply to your purchase.
5. You may have other rights granted to you by law in addition to those set out in these Terms which we cannot exclude. These Terms do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen's Advice Bureau or Trading Standards Office.
DESCRIPTION AND PRICE OF GOODS
6. The description and price of the goods ordered will be as shown in the online shop at the time the order is placed.
7. All goods are subject to availability. As described in clause 2 above, if on receipt of your order the goods are not available or in stock, Vax will inform you by email or by telephone as soon as possible and offer you alternative goods or refund or re-credit any sum that has been paid by you or debited from your credit or debit card for the goods.
8. Every effort is made to ensure that prices shown on the website are accurate at the time your order is placed but we cannot guarantee price accuracy in every case. If the goods that you have ordered were incorrectly priced, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Vax will refund or re-credit any sum that has been paid by you or debited from your credit or debit card for the incorrectly priced goods.
9. In addition to the price of the goods, you may be required to pay a delivery charge for delivery of the goods, as shown in the “Buy Online” section of the Vax website. This charge will be brought to your attention at the time you place your order for the goods. We will always ensure that you are shown the total price that you have to pay (inclusive of delivery charges) at the time that you submit your order to us.
10. The price of all goods and delivery charges are inclusive of VAT.
11. Payment for the goods and delivery charges can be made using any of the methods shown on the website at the time you place your order. Payment is taken once Order Confirmation has been sent to you.
12. Where you choose to purchase goods via Vax’s easy Pay plan (the “Plan”) you acknowledge and agree that on the date that you purchase the goods under the Plan you are committed to paying for the goods in the instalments as specified on the goods page, your basket and the checkout page relating to your order all as displayed on the Vax website.
13. The first instalment is taken when you receive the Order Confirmation. The second instalment is due within 30 days after the date of your order and the third instalment is due within 60 days after the date of your order.
14. Payment for the goods may be made by PayPal, debit or credit card payment.
15. Where you purchase the goods using the Plan, you will not be the legal owner of the goods until Vax has received cleared funds from you for the total amount of the purchase price.
16. If you fail to meet the due dates for payment under the Plan, Vax reserves the right to pass your details to its credit control team to recover any money due from you to Vax.
17. Goods ordered will be delivered to the exact address you give when you place your order. Deliveries cannot be made outside of the United Kingdom. For the avoidance of doubt, deliveries cannot be made to Jersey or Guernsey.
18. If there is no-one at the given address who is able to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
19. Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event within 30 days of your order. However, Vax will not be liable for any loss or damage suffered by you through any unavoidable delay which is beyond our reasonable control or which does not arise due to our negligence. If there is a delay, we will inform you about it as soon as possible. Please note due to annual stock take, orders placed between 03.01.15 and 11.01.15 will not be despatched until w/c 12th January 2015.
20. ‘Free Next Day Delivery’ orders will have delivery attempted the following day providing the order is received Mon – Fri before 5pm. Orders received after 7pm Monday – Friday will be processed and dispatched the next working day. Orders received after 5pm Friday will be processed on Monday and attempted to be delivered on Tuesday. The ‘Free Next Day Delivery’ only applies to the UK mainland. ‘Free Next Day Delivery’ is not available to the following postcodes: AB, BT, DD3-11, DG3-14, DG16, EH35-40, EH12-46, FK14, FK18-21, G83-84, HS1-6, HS9, IV41-49, IV51, IV55-56, IM1-9, IM99, IV1-28, IV30-32, IV36, IV40, IV52-54, IV63, KA6, KA18-19, KA26-28, KW1-17, KY9-10, KY14-16, ML11-12, PA20-38, PA41-49, PA60-78, PA80, PH3-26, PH30-34, PH49-50, PO30-41, TD1-14, TR21-25, ZE1-3. Orders placed to these locations will take between 2 and 8 working days.
21. Free Next Day Delivery is available only on orders containing a machine or solution. A fee will be payable for Next Day Delivery on orders of spares and accessories only, stated at the time of placing the order. Alternatively, customers placing orders of spares and accessories can use our Free Standard Delivery service (3-5 working days, or as stated at the time of placing your order).
22. If you are not able to accept delivery when it is attempted our carrier will leave a ‘missed delivery card’ with your tracking number and date of attempted delivery. Our carrier will attempt delivery up to three times. If our carrier is unsuccessful with all three delivery attempts, the shipment will be held at the carrier’s facility for five days before returning to Vax.
23. Subject to clause 15, you will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
24. You have a legal right to cancel a contract made between us for the supply of goods made via this website. This right will last for 14 days after the day on which you receive the goods. This means that during the 14 day period if you change your mind or decide for any other reason that you do not want the goods, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
25. To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form http://support.vax.co.uk/support/quicklinks/returns/ on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at [Info@Vax.co.uk] or contact our Customer Services team by telephone on [0330 026 8455]. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail to us.
26. If you cancel your contract you will receive a full refund for the price of the goods and any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop (for example, using the goods before returning them to us. We will pay the refund to you on the credit card or debit card used by you to pay. If you used vouchers to pay for the goods we may refund you in vouchers.
27. To receive details about how you return goods to us, please call the Vax Care Line on 0330 026 8455. You must return the goods to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. Vax will cover the cost of returning the goods. We will pay any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the goods back from you or (if earlier) the 14 days after the day on which you provide us with satisfactory evidence that you have the goods back to us.
LIMITATION OF LIABILITY
28. Nothing in these Terms of Sale shall limit Vax’s liability for death or personal injury arising from its negligence, or for fraud, fraudulent misrepresentation by Vax or its employees.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 29 – 30 INCLUSIVE.
29. Vax shall not be liable for any losses (except for those set out in clause 28 above) which were not reasonably foreseeable at the time of entering into a contract with Vax (whether or not caused by our negligence).
30, For liability not covered by clause 29 above, Vax will not be responsible for any loss that could not have been expected to occur in advance of the loss occurring or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).
31. All goods supplied via this website are warranted to be free from material manufacturing defects. This warranty shall last for either 1 or 2 years from the date of delivery, depending on the type of goods purchased. The length of warranty specific to your goods will be clearly identified during the sale process before submitting your order via the website, and also on the packaging of the goods. Your legal rights will not be changed or affected by this warranty.
32. This warranty does not apply to any defect in the goods arising from: fair wear and tear (such as worn out filters, belts, brush bars and fuses); misuse; blockages; wilful damage; accidental damage; careless operation; negligence by you or any third party; use otherwise than as recommended by Vax and the goods’ user guide; failure to follow manufacturer's instructions; use of parts, accessories or consumables which are not genuine Vax products; faulty installation (unless carried out by Vax); any alteration or repair carried out without approval from Vax; or use of the goods for anything other than normal domestic household purposes.
33. In certain circumstances we will offer goods with a warranty period longer than the period set out in clause 31. The length of any extended warranty offered will be clearly identified during the sale process before submitting your order via the website, and also on the packaging of the goods. Any extended warranty offered is subject to you completing the registration process required to qualify for this extended warranty. You must register your purchase within 28 days from the date of delivery. The registration process will be described in greater detail in the instructions provided with the goods. Not all goods are eligible for an extended warranty; goods that are eligible will be clearly marked as such during the sale process before submitting your order via the website and also on the packaging of the goods. The extended warranty shall start from the date of delivery and does not operate in addition to the standard 1 or 2 year warranty described in clause 31.
34. If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify Vax. You can do this in writing at the address, fax number or email address shown below or via the Vax Care Line on 0330 026 8455. When the Contact Centre has received your defective goods, it or they will be tested. Where we are able to identify the defect following a reasonable inspection of the goods, we will repair the goods and return it or them to you. If the defect cannot be identified or if it cannot be repaired or it is uneconomical to undertake repair, we will contact you and offer you a replacement or full refund.
35. In certain cases Vax may not be able to provide the goods, or carry out some of its other duties under contract, because of something that is beyond Vax's reasonable control. This could include war, an act of terrorism, shortage of materials, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not Vax's fault. If this happens then Vax will not be responsible for so long as the effects of the event continue for any failure to provide the goods. Vax will continue to try to provide the goods as soon as possible despite any such events.
APPLICABLE LAW & LANGUAGE
36. Please note that these Terms are governed by English law. This means a contract for the purchase of goods through our website 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 exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
37. All comments, queries and requests relating to the use of your information are welcomed and should be addressed to Vax Limited, Quillgold House, Kingswood Road, Hampton Lovett, Droitwich, Worcestershire WR9 0QH, telephone 01905 795959, fax 01905 799655 or by email to email@example.com.
38. Any complaints should both be placed in writing, and addressed to Customer Care Department, at the above address, or by email to firstname.lastname@example.org.
39. Vax prides itself on delivering complete customer satisfaction on all of its product and services. In the unlikely event that goods arrive damaged or faulty, please contact our care line on 0330 026 8455. who will advise you further and arrange a replacement if necessary. For warranty terms, please see clauses 31 to 35 above.
TAKE BACK SCHEME (TBS)
40. In accordance with the UK Waste Electrical and Electronic Equipment (WEEE) regulations, Vax offers customers a Take Back Scheme. This scheme works on a free take back basis so when you buy an equivalent product from Vax, Vax will recycle your old product. The WEEE item returned must fulfil the same function as the item bought. You must return your old item within 28 days of purchasing your new item or you will no longer be eligible for the scheme. Your WEEE item must be addressed to RTB TBS and should be returned at your own cost to the address specified in clause 37.