Terms and Conditions
Terms and Conditions
Finger On Pulse Ltd. have attempted to describe items accurately using the current printing technology but slight variations in actual goods may occur. Any claim howsoever arising will not exceed the price of the goods supplied to the buyer. Finger On Pulse Ltd. shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way. The company cannot accept any liability for a failure to comply with specific instructions. This statement does not affect your statutory rights. Goods are sold on the understanding that they are to be used only for their intended purpose. Finger On Pulse Ltd. will accept no responsibility for trained or untrained personnel without qualified supervision using or misusing equipment supplied by us. All offers are subject to stock availability and we reserve the right to restrict or refuse any order of any application for credit at any time. We take care to show correct sizes and specifications and such descriptions whilst given as a guide are subject to alteration by the seller without notice.
By placing an order with Finger On Pulse Ltd., the buyer and seller accept the following conditions:
1. DEFINITIONS: In these terms and conditions the seller or the company means Finger On Pulse Ltd. and the buyer or customer mean the Purchaser of goods from the seller under these terms and conditions.
2. INTELLECTUAL PROPERTY: Copyright, trademarks, database and other intellectual property rights protect the goods supplied. You may not reproduce, modify or copy or distribute or use for commercial purposes any of the materials or content without the written permission of Finger On Pulse Ltd..
3. PRICE:. Are those ruling at dispatch and are subject to alteration as may be necessary. Unless otherwise stated prices and delivery charges will be exclusive of VAT.
4. ORDERING. Ordering can be done by phone on Tel: 07584 661 596 OR Email on firstname.lastname@example.org or via the website www.fingeronpulse.com
5. PAYMENT. Payment is due to the company in full prior to dispatch of goods by Credit Card/Debit Card or cheque payable to Finger On Pulse Ltd.
6. GOODS. The quantity and description of the Goods shall be set out in the Sellers invoice.
7. SUGGESTED RETAIL PRICE. The retail price of Finger On Pulse Ltd. products has been carefully considered to take in to account market demands and value.
8. WARRANTY: All items are guaranteed according to Manufacturers warranty; no returns or replacements will be accepted due to fire, accident, misuse, fair wear and tear, neglect or any attempt at repair or adjustment. Conditions of warranty are to repair or replace faulty goods that are not due to customer neglect (within the time of the warranty). There is no refund obligation. If item is still in warranty, please send to Head Office, with accompanying letter of explanation. If fault is due to neglect, a charge will be made for repair and return of goods.
9. CLAIMS. Claims for loss or damage to goods in transit cannot be accepted unless the company is advised within 48 hours of receipt of goods in the case of damage. The company must be informed in writing within 14 days of date of invoice in the case of loss. The company will not entertain claims made outside the stated time limits.
10. RETURNED GOODS. When goods have been ordered in error or are not as expected, the company may agree to their return on the following conditions.
a) A request must be made to Finger On Pulse Ltd. within seven days of receipt of goods.
b) If you wish to return unwanted goods please ensure that any product you have bought is in original condition and unaltered, unworn or unused and sent back to us with its original packaging. Your statutory rights are not affected.
c) Refunds will be subject to the purchase price, less 10% as carriage charges will not be refunded.
d) Returned goods will only be accepted where a Returns Authorisation has been given. For your own protection, please obtain a receipt from the carrier, as the company accept no responsibility for lost parcels.
11. DELIVERY the times quoted (if any) are given in good faith, but shall not be binding. To facilitate a prompt delivery, all dispatches will be made direct from the point of ordering. Finger On Pulse Ltd. can accept no responsibility for transport delays or circumstances out of their control causing late delivery. Neither Finger On Pulse Ltd. nor their designated carrier will accept claims for consequential loss due to late deliveries.
12. EXPORT. We will be happy to quote for export orders.
13. CANCELLATION. A full refund (including postage) will be given on any cancellations prior to dispatch.
14. CANCELLATION AFTER DESPATCH – Subject to 10% cancellation fee to cover postage costs.
15. ALTERATIONS. Any modification to orders must be confirmed in writing by the buyer and agreed in writing by the company.
16. RETENTION OF TITLE CLAUSE
a) The risk in all goods passes to the buyer upon delivery but title in the goods remains vested in Finger On Pulse Ltd. and shall pass from the Company to the Buyer upon full payment being made of all sums to Finger On Pulse Ltd.
b) The Buyer agrees that prior to the payment of the whole price of the goods, Finger On Pulse Ltd. or appointed agents may enter the Buyers premises to collect such goods should the seller request. Prior to such payment, the Buyer shall keep the goods separate and identifiable for the purpose, and return the goods to the Seller should the Seller request.
17. LIMITATION OF LIABILITY
17.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
17.2 We are suppliers, not manufacturers, of the products advertised on our site. All products are used entirely at your own risk, and, subject to clause 8.1, we will not be held liable for any loss or damage caused by the use of these products by you or anyone else.
17.3 Subject to clause 17.1:
(a) the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Contract; and
(b) the Supplier’s total liability to the Customer 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 not exceed the price of the Goods.
17.4 The Supplier may cancel an Order at any time if it is unable to fulfil such Order within a reasonable period of time because of circumstances outside the Supplier’s reasonable control. In the event of such cancellation, the Supplier’s liability shall be limited to a refund of any sums paid for such Order.
18. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
19.1 Assignment and subcontracting.
(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier, fax or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 19.2(a); if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
19.4 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
19.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
19.6 Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Customer.
19.7 Governing law and jurisdiction. The 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), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.