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.
FORMATION OF THE CONTRACT
- These Terms & Conditions apply to goods supplied directly by Vax Limited to you registered in England and Wales with company no. 1341840 ("VAX"). Vax's registered office is at 5th Floor, 2 Colmore Square, 38 Colmore Circus, Queensway, Birmingham, B4 6BN.
- No contract exists between you and Vax for the sale of any goods until Vax has received your order and a confirmation of that order, which may be printed by you, has been displayed on your computer screen. A binding legal contract exists between you and Vax upon receipt of this confirmation.
- The contract is subject to your cancellation rights (see clauses 23 and 24 below).
- Vax reserves the right to amend these terms and conditions of sale without notice in the future.
- Any dispute or claim that either you or Vax may bring in relation to or in connection with these terms and conditions will be decided on the basis of English law by the English courts alone (unless you object and ask for a different jurisdiction or law apply).
The language of this contract is English, and any disputes arising under this contract shall be conducted in English, but if you would like a dispute to be heard in another language then Vax will try to find ways to help.
- You may have other rights granted to you by law in addition to those set out in these terms and conditions, which Vax may not exclude. These terms and conditions 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
- The description and price of the goods ordered will be as shown in the Shop at the time the order is placed.
- All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Vax will inform you by email or by telephone as soon as possible, and offer you an alternative product or refund or re-credit you for any sum that has been paid by you or debited from your credit or debit card for the goods.
- Every effort is made to ensure that prices shown on the Vax website are accurate at the time the order is placed. If an error is found, Vax 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 you for any sum that has been paid by you or debited from your credit or debit card for the goods.
- In addition to the price, you may be required to pay a delivery charge for 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.
- The price of all goods and delivery charges are inclusive of VAT.
- Payment for the goods and delivery charges can be made using any of the methods shown on the Vax website at the time that you place your order.
- Where you choose to purchase a product (the “Product”) via Vax’s easyPay plan (the “Plan”) you acknowledge and agree that on the date in which you purchase the Product under the Plan you are committed to paying for the Product in three equal instalments as specified on the Product page on the Vax website, your basket and the checkout page relating to your order.
- The first instalment is due on the date in which you place your order on Vax’s website. 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.
- Payment for the Product may be made by PayPal, debit or credit card payment.
- You will not be the legal owner of the Product until Vax has received cleared funds from you for the total amount of the purchase price.
- 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.
- 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.
- 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.
- If delivery cannot be made to your address, Vax will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit or debit card for delivery.
- 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 reasonable or unavoidable delay in delivery. In this case, Vax will inform you as soon as possible.
- For orders where the ‘Standard Delivery’ option is selected, delivery will be attempted within the timescale stated when this option is selected (3-5 days) unless otherwise stated.
- For orders where the ‘Next Day Delivery’ option has been selected and the order is received prior to Mon – Fri before 5pm, delivery will be attempted the following day. Orders received after 5pm Monday – Friday will be processed and despatched the next working day. Orders received after 5pm Friday will be processed on Monday and attempted to be delivered on Tuesday. UK Mainland only. Next Day Delivery is not available for the following postcodes: AB37, AB38, AB44, AB45, AB53, AB56, CA18,CA27, HS1, HS9, IM, IV14, IV28, IV30, IV32, IV36, IV40, IV56, IV7, IV9, IV12, KA27, KA28, KW, LA15, LA23, PA20, PA21, PA38, PA41, PA42, PA49, PA60, PA61, PA78, PA80, PA88, PH17, PH26, PH30, PH44, PH49, PH50, TR21,TR25, ZE. Orders placed using the Next Day Delivery service to be delivered to the Highlands or Islands, will take 48 hours to be delivered, and will not be delivered next day.
- If you are not able to accept delivery when it is attempted our carrier UPS will leave a ‘missed delivery card’ with your tracking number and date of attempted delivery. UPS will attempt delivery up to three times. If UPS is unsuccessful with all three delivery attempts, the shipment will be held at a nearby UPS facility for five days before returning to Vax.
- 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.
- Your Right of Cancellation. Should you receive your purchase and decide that you no longer require the goods for whatever reason, they can be returned within 7 working days of your receipt of the goods. To return the goods, please contact the Vax Careline on 0330 026 8455, where one of our dedicated customer service representatives will send you returns documentation and explain to you what you must do. You must then return the goods as soon as you are able to do so. Vax will cover the cost of returning the goods. You will receive a full refund of the price of the goods (including the costs of delivering the goods to you) within 30 days of you notifying Vax that you no longer require the goods. You must take reasonable care to ensure the goods are not damaged until they are returned to Vax. Using the goods before returning them within the allotted 7 day period does not constitute taking reasonable care of them. If you use the goods before returning them to us you will be responsible for the costs of us reconditioning those goods. Vax may set off the cost of refurbishing the goods against the sums that you have paid for the goods, including any applicable VAT payable, if the goods are used prior to being returned under this clause. This does not affect your statutory rights.
- Faulty Goods. Vax are committed to ensuring that all products are to the highest standard. All our products have a one year manufacturers guarantee from the date of delivery should you experience a problem within this period please contact the Vax Careline on 0330 026 8455. One of our dedicated customer services representatives will try to solve your problem over the phone. If your problem cannot be solved over the telephone, you will be sent returns documentation. Once our Service Centre has received your faulty item, it will be tested and the fault/problem identified. Upon identification of this, we will repair the fault. If the fault cannot be identified we will contact you and offer you a replacement or full refund.
- We offer a 6 year extended warranty period in relation to certain products. If this is available you will be provided with registration information when you purchase the product. You must register your purchase with us within 28 days of purchase. If you do not do this then our standard warranty will apply.
- 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, widespread goods, 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.
LIMITATION OF LIABILITY
- Vax shall be liable for the death or personal injury arising from its negligence, or if Vax has deliberately lied to you where the lie caused you to enter into a contract with Vax.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 28 – 31 INCLUSIVE.
- Vax shall not be liable for any losses (except for those set out in Clause 27 above) which were not reasonably foreseeable at the time of entering into a contract with Vax (whether or not caused by Vax's negligence).
- For the liability not covered by Clause 27 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).
- For all Vax's liability not covered by Clause 27 above, you accept that Vax's maximum financial responsibility to you will be the price of the goods even if the actual loss you suffer is more than that.
- The price of the goods has been calculated on the basis that Vax will exclude or limit its liability as set out in the contract. If you want Vax to take on more liability then please let Vax know and Vax will let you have a revised price.
- All goods supplied by Vax are warranted free from defects for period stated within the product packaging from the date of supply. This warranty does not affect your statutory rights.
- This warranty does not apply to any defect in the goods arising from fair wear and tear (such as worn out filters, belts and brush bars), wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Vax, failure to follow manufacturer's instructions, or any alteration or repair carried out without approval from Vax.
- 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 in writing at the address, fax number or email address shown below.
- These terms and conditions of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
- 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.
- 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.
- Vax prides itself on delivering complete customer satisfaction on all of its product and services. In the unlikely event that a product arrives damaged or faulty, please contact our careline on 0330 026 8455 who will advise you further and arrange a replacement if necessary.
TAKE BACK SCHEME (TBS)
- 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 36.