These Conditions set out the basis on which you can visit and use our website and on which you place orders with us.Please read them carefully as they contain important information.
Aremco is a trading name of H. Case & Son (Cradley Heath) Limited a company registered in England and Wales (Company registration number 430324).The registered office for H. Case & Son (Cradley Heath) Limited is Foxoak Street, Cradley Heath, West Midlands B64 5DQ.Our VAT number is 276 8367 09.
H. Case & Son (Cradley Heath) Limited owns and operates this site and when ordering this is the company with whom you make a contract.
If you want to ask us anything about these Conditions or have any comments or complaints on or about this website, please contact us at Foxoak Street, Cradley Heath, West Midlands B64 5DQ or by email on email@example.com.
In these Conditions references to "we”, "us” and "our” shall be references to H. Case & Son (Cradley Heath) Limited.
We may change these Conditions from time to time without notice to you and any changes will apply to subsequent orders received.
1. Product Description & Pricing
We take every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described.However, please note the following:
Colour and appearance on the website will vary according to the resolution and the screen type of your computer.Therefore, we cannot guarantee that the appearance or colours of the products shown on the site exactly reproduce the appearance or colours of the products themselves.
The weights, dimensions and capacities given are approximate only; please note photographs may be representative of the available product options.
We will charge your credit card account immediately upon receipt of your order.Online orders must be paid for by credit/debit card or by PayPal.
By providing us with credit or debit card details to pay for an order, you are confirming that the card you are using is yours.All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
Credit accounts can only be opened at our discretion and are subject to satisfactory references.We reserve the right to limit the amount of credit allowed for a Credit account; and to suspend credit facilities without explanation.The agreement states that we may obtain, retain, and provide to third parties, references as regards your financial standing.Any change in the constitution of your organisation must be notified to our Accounts Department in writing prior to it occurring, in order that credit facilities to the reconstituted organisation may be put in place, subject always to our discretion and confirmation in writing.Until new credit facilities are agreed, the existing entity and any new entity shall be jointly and severally liable for any debt due to us.
We will supply you with a Credit account Code that will be unique to your Credit account.It may be changed at your request and a new version emailed to the email address associated with the Credit account.You may share the code with others within your business who need to make a purchase with Aremco, at your discretion.Responsibility for use and distribution of this code rests with you; Aremco cannot be held responsible for misuse or unauthorised orders using the code.
3. Accepting Your Order
We carry out checks and authorisation procedures on cards before your offer to buy from us is accepted.We reserve the right to reject any order placed with us, depending on the results of the checks and procedures that we carry out.
After placing an order, you will receive an invoice and an email from us acknowledging that we have received your order.This will only be sent to the email address you have supplied to us.Goods will be despatched separately to invoice.Please keep all paperwork that we send you in case of query.We keep electronic copies of all orders made.
The Contract will relate only to those Products the despatch of which we have confirmed in the order acknowledgement and invoice.
If we reject your order but have taken the payment from you, we will refund the payment taken within 3 working days of our notice of rejection.
4. Consumer Rights
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 Product(s) in accordance with our refunds policy.
To cancel a Contract, you must inform us in writing.You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.You have a legal obligation to take reasonable care of the Products while they are in your possession.If you fail to comply with this obligation, we may have a right of action against you for compensation.
5. Availability & Delivery
Your order will be fulfilled by the delivery date set out in the invoice/confirmation email or, if no delivery date is specified, then within 60 working days of the date of the invoice/confirmation email, unless there are exceptional circumstances.
6. Risk & Title
The Products will be at your risk from the time of delivery.
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 where applicable.
7. Price & Payment
The price of any Product will be as quoted on our site from time to time, except in cases of obvious error.
The prices include standard delivery to an address in UK Mainland.The price excludes VAT, which will be added to the total amount set out in our invoice.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice/email confirmation.If the rate of VAT changes between the date of the order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the products in full before the change in VAT takes effect.
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 checks and authorisation procedures so that, where a Product’s correct price is less or more than our stated price, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
8. Our Refunds Policy
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 4.1 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 you have notified us in accordance with paragraph 19 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.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Save in case where you are dealing as a consumer, refunds will not include any delivery charges incurred when your order was first sent to you or when you returned it.If we arrange collection, then the costs of collection will be treated as your costs of return and will be deducted from the price you first paid when calculating the refund you are due.Where you are dealing as business, we reserve the right to charge a re-stocking fee of 25% of the contract value, save in case of where goods are defective.
Guarantees apply in addition to our cancellation and returns policy.This does not apply to goods taken abroad, although we will do our best to help.
10. Copyright, Trademarks & Right to Use
All rights, including copyright and database right, in this website and its content, are owned or licensed to H. Case & Son (Cradley Heath) Limited.Any use of this website, its contents, or underlying source code and software – including copying or storing it or them in whole or part – other than for your own personal, non-commercial use is prohibited without the permission of H. Case & Son (Cradley Heath) Limited.You may not modify, distribute or re-post anything on this website for any purpose.
We reserve the right to use for our own purposes any material submitted to the website, including text and images, either on the website or in any other form, including for publicity purposes.We reserve the right to monitor submissions to the site and to edit or reject any submissions.
11. Our Liability
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.
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We are not responsible for indirect losses that result from our failure to comply with these terms that fall into the following categories:
(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) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 11.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any categories (a) to (f) inclusive of this clause.
We make every effort to ensure that this website is free from viruses or defects.However, we cannot guarantee that your use of this website won’t cause damage to your computer.It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it.We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Unless otherwise specified, the materials on this website are directed solely at those who access this website from the UK.We make no representation that any products referred to in the materials on this website are appropriate for use, or available, in other locations.Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
This clause 11 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 deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12. Other Legal Notices
There may be legal notices on other areas of this website which relate to your use of this website, all of which, together with these terms and conditions govern your use of this website.
13. 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.
All notices given by you to us must be given to H. Case & Son (Cradley Heath) Limited, Foxoak Street, Cradley Heath, West Midlands B64 5DQ.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 13 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 any letter.In proving the service of any that such email was sent to the specified email address of the addressee.
15. Transfer of Rights & Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
We may transfer, assign, charge, sub-contract or otherwise disposes of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. 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 cause by events outside our reasonable control (Force Majeure Event).
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 for 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 restriction of any government.
Our performance under any Contract is deemed 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.
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 an shall not relieve you form compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 according with clause 15 above.
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.
19. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract expect as expressly stated in these terms and conditions.
Neither of us shall have the remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause limits or excludes liability or fraud.
20. Our Right to Vary These Terms & Conditions
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.
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 invoice/email 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).
21. Law & Jurisdiction
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
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