On-Site Paging Terms & Conditions
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
LDC Pagers Direct Limited may change these Terms & Conditions without notice in relation to future sales.
(Terms & Conditions updated on 30th June 2015).
The following words and expressions shall have the following meanings:
1.1 The Terms & Conditions listed on the Pagers Direct Website, including any equivalent where provided by other means such as a hard copy or email etc. constitute a legal document ("This Agreement").
1.2 The terms "we", "us", "our" and "Pagers Direct" where used in This Agreement refer to LDC Pagers Direct Limited, or any organisation that may succeed it as the assignee of this Contract.
1.3 The terms "you", "your", "the buyer" "the customer" and "the purchaser" refer to the person(s)/company(s) involved in any correspondence, transaction or dispute with LDC Pagers Direct Limited.
1.4 The terms "Order", "the Order", "an Order" and "your Order" refer to your offer to buy Devices from LDC Pagers Direct Limited in a particular instance.
2. Applicable Laws
2.1 You and LDC Pagers Direct Limited each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of This Agreement. This Agreement is enforceable only where it is in compliance with English Law. Should any element of this agreement be unlawful, void or for any reason unenforceable then that element shall be deemed severable and all remaining elements of this Agreement shall continue to be valid and enforceable.
2.2 LDC Pagers Direct Limited is a company Registered in England, Registration Number 4101961. The Registered Office address is Astwick House, Croughton, Northants NN13 5LL.
3. Order Placement
3.1 By placing an Order, you agree to accept all the terms and conditions set forth on the Pagers Direct website, including this Agreement and the equivalent where provided by other means such as hard copy or email.
3.2 No Contract exists between you and Pagers Direct for the sale of any Devices until we have received and accepted your Order, we have received payment in full (in cleared funds) and you have been sent confirmation of Acceptance of your Order. Once these conditions are fulfilled, there is a binding legal Contract between Pagers Direct and The Customer. The receipt of an Order Acknowledgement does constitute acceptance of your Order.
3.3 Devices are offered subject to the availability and Pagers Direct agreeing to the acceptance of an Order. We reserve the right to accept, refuse, cancel or limit your Order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions posted.
3.4 In the event of non-availability of Devices or Pagers Direct refusing, cancelling or limiting your order for any reason, we will refund/re-credit you for any sum that has been paid by you or debited from your credit card for the Devices.
3.5 Pagers Direct may request further information from the customer regarding proof of identity and proof of address in Order to reduce the risk of fraud. Where such a request for information is made, the customer is obliged to provide such information in a reasonable timeframe. Failure to do so may result in us refusing or limiting the Order under the provisions listed above.
4. Price & Description of Devices
4.1 Pagers Direct do not warrant the suitability of Devices for a particular purpose, and you should check the specifications and suitability carefully before ordering.
4.2 Prices and manufacturers specifications subject to change without notice.
4.3 The price of Devices is as indicated on the site from which the Devices are to be purchased and are valid until such time as they are changed. Pagers Direct is VAT Registered (No.536 4518 38). Prices are inclusive of VAT where appropriate unless otherwise indicated.
4.4 Whilst every effort is made to ensure that Prices shown are correct, if an error is found we will inform you as soon as possible with the option of cancelling the Order or confirming the Order at the corrected price. Should the Order not be confirmed within ten working days of requesting confirmation at the new price, we may automatically cancel the Order and refund/credit the sum paid by you or debited from your credit card for the Order.
4.5 Where Product Images are used, they are for illustrative purposes only. Actual products may differ from the image used.
5.1 Time for delivery shall not be of the essence.
5.2 The Devices may be delivered by Pagers Direct in advance of any quoted delivery date.
5.3 Pagers Direct shall not be liable for any delays caused except to the extent caused wilfully or negligently by us. However, we will despatch Devices to customers within 30 days of acceptance of the Order unless otherwise stated. Should we not be able to do so, the customer will have the option of cancelling any outstanding Devices on the Order and a refund given in proportion to the Devices no longer required.
5.4 The delivery address provided by the purchaser must be secure. Delivery of Devices to this address (or to the local depot for collection should nobody be present at time of delivery) will be accepted by the purchaser as successful delivery of the Devices.
6. Consumer Protection
6.1 In addition to the normal protection offered to the consumer when buying Devices, additional protection is given to consumers buying Devices sold exclusively by means of distance communications. This protection is given under the Consumer Protection (Distance Selling) Regulations (SI 2000 No. 2334) and provides a 'cooling off' period (of 7 working days) which gives you the right to cancel your Order after the receipt of Devices. It does not apply to business purchases or online auctions.
6.2 To exercise your right of cancellation:
a) You must notify us of your decision to cancel within the appropriate time limits specified in 6.1 above by sending us an email detailing the Order being cancelled including the Order Number to email@example.com and also telephoning us on 01869 811411 to confirm receipt of email
b) The Devices must be returned in stock condition. Everything supplied with the Devices must be included, the Devices must be as delivered, the packaging must not be torn or damaged
c) You must return the Devices to us by one of the Royal Mail Signed For services within five working days from the date of the Cancellation Notice. You the buyer are responsible for the cost of returning the Devices to us including insuring the Devices for their full value against loss or damage in transit. If the Devices are damaged or lost in transit we reserve the right to refuse a refund and it will be your responsibility to seek compensation from the carrier.
6.3 If you do not return the Devices within five working days of the notice of cancellation we may choose to arrange collection of the Devices from the buyer. In such cases, the buyer must reasonably assist us in obtaining the Devices. We will be entitled to recover the costs of collecting the Devices from the buyer including the costs of unsuccessful attempts to collect such Devices.
6.4 Should you decide to exercise your right to cancel, you must take reasonable care to ensure the Devices are not damaged in the meantime or in transit. You have a duty to take reasonable care of the Devices both before and after sending the Notice of Cancellation.
7.1 Warranty is provided by Pagers Direct and is subject to these terms and conditions.
7.2 Unless otherwise stated, the warranty period on all Devices is 12 months from the date of delivery.
7.3 This Warranty does not apply to any defect in Devices arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Pagers Direct and/or the Manufacturer, failure to follow Pagers Direct's and/or the Manufacturer's instructions, or any alteration or repair carried out without Pagers Direct's approval.
7.4 Costs incurred in sending and returning Devices for replacement or repair under warranty will be borne by the customer unless explicit prior agreement is obtained from Pagers Direct.
7.5 Under no circumstances will the customer return Devices to Pagers Direct for a Warranty claim without first getting authorisation and obtaining a Returns Number from us.
7.6 The customer accepts that where a Warranty Repair Service is offered, Pagers Direct will not be liable for any losses or costs incurred by the customer (except where legally required by Law).
8.1 Except as provided in this Condition 8, neither party shall be liable to the other, whether in Contract or tort nor otherwise, for any loss or damage which is:
a) not the fault of the other party
b) indirect and/or not reasonably foreseeable
c) loss of business, profits, savings, revenue, use or goodwill, or for any loss or corruption of data whether caused to the other party through any breach of your Contract or any matters arising under it. Neither party excludes liability for negligent acts or omissions causing death or personal injury to any person.
8.2 Subject to Condition 8.1, we limit our legal liability up to a maximum of the purchase price actually paid to us for the Device for any loss or damage which is:
a) direct financial loss
b) direct physical damage to or loss of property resulting from our breach of Contract or negligence.
8.3 We will not be liable to you if we are unable to perform an obligation to you because of any factor outside our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, terrorist act, governmental action, or by any act or decision made by a court of competent jurisdiction.