title
General
Welcome to https://www.Trademen Online (the "Website"). The Website is provided by Trademen Online Ltd
Definitions
"Contact Address" means our address
"Goods" means the products and parts ordered by you as described on our Website.
"Non-Refundable Administration Charge" means the administration charge applicable if you cancel an order for Services with us or Rapidfix cancel services because the job is not of the nature described or doesn't meet current building and gas regulations. Regrettably this is chargeable due to the nature of our Services and the costs we incur in setting up your job and ordering any necessary parts. The charge is as follows:
•Cancellation 24 hours or more prior to commencement of Services - £20.00
•Cancellation 24 hours or less prior to commencement of Services - £35.00
•Cancellation on the day of commencement – full price of Services.
"Trademen Online", "us", "we" or "our" means Trademen Online
"Restocking Charge" means the charge applicable if you cancel Goods you have ordered with us. The charge is 20% of the listed price of the Goods. Regrettably this is chargeable due to the fact your Goods are ordered by us when you accept this contract.
"Service(s)" means the Services that you order from us as described on our Website.
"Specialist Orders" what constitutes a Specialist Order is at our sole discretion.
"Standard Parts" what constitutes Standard Parts is at our sole discretion.
"you" and "your" means you as the user of our Website.
•1. Acceptance of our Terms & Conditions ◦1.1 These terms and conditions ("Terms and Conditions") govern your use of the Website and the sale of Goods, Services and information through the Website. By accessing our Website, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the Website.
◦1.2 You should read all the Terms and Conditions prior to using the Website. These Terms and Conditions constitute the agreement between you and us. If you are uncertain about any of our terms, email info@Trademen Online or write to us at our Contact Address.
◦1.3 We may make changes to these Terms and Conditions. Any changes will be posted on our Website and notified to you by means of a notice on our homepage. Please review these Terms and Conditions regularly to make sure you are aware of any changes made by us. If you place orders for Goods or Services after changes are notified to you in this way, you agree to such changes. If you do not agree to such changes, you should not use this Website or place any further orders.
•2. Accessing Our Website ◦2.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. Access to our Website is dependent upon availability of the Worldwide Web and we accept no responsibility for your inability to access our Website arising out of circumstances beyond our reasonable control.
◦2.2 We have the right to disable your access to our Website at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
◦2.3 The materials on our Website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of any materials on our Website. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website and to make any changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Website.
◦2.4 Commentary and other materials posted on our Website are not intended as advice and should not be relied upon. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in this contract are hereby excluded.
◦2.5 You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
◦2.6 Our Website contains links to other sites, which are not under our control and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content or availability of those sites.
•3. The Contract between us ◦3.1 We must receive payment (in accordance with clause 4.2 below) of the whole price of the Goods and/or Services that you order before your order can be accepted.
◦3.2 Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
•4. Price & Payment ◦4.1 The prices for Goods and/or Services ordered will be as stated on our Website, except in the case of obvious errors. All prices are inclusive of VAT unless otherwise stated. If, when an engineer calls to carry out any Service and finds additional work must be carried out, a quote will be given to you before any work begins. If you accept that quote you will be deemed to accept that these Terms and Conditions apply to the additional work carried out.
◦4.2 You may pay for your order by credit or debit card (depending on the acceptable method of payment relating to the Goods or Services you wish to purchase). Credit card and debit payments can be made either on-line (via our SSL secure payment system), or by phone using one of the following credit cards: VISA, MasterCard or Switch/Maestro. We will charge your credit card or debit your bank account before we authorise release of the Goods or Service in question. All credit card payments are subject to validation checks and authorisation by the card issuer.
◦4.3 When purchasing Goods and/or Services from us, you guarantee that: any credit information you supply is true and complete, charges incurred by you will be honoured by your credit card company, and you will pay the charges incurred by you at the posted prices, including any applicable taxes.
◦4.4 This clause 4.4 relates only to our 24 Hour Reactive Maintenance Service ("Emergency Service"). ■4.4.1 Fixed rate prices displayed on our Website for our Emergency Service call outs are limited to two hours time spent on site. Thereafter each half hour of labour required will be charged at the applicable rate based on area, and time.
■4.4.2 All parts required are chargeable.
◦4.5 This clause 4.5 relates only to the Menu Pricing ("Menu Pricing") option available on our Website. ■4.5.1 If you use our Menu Pricing option to pre-book an order, the fixed price quoted includes labour and parts for the specific job that you have requested us to carry out. If, on site, we discover that the job is not as expected or requires more or less work than ordered, we reserve the right to adjust our charges and this may result in you having to pay an increased charge at the applicable rate based on area and time.
■4.5.2 If additional parts (other than those specifically ordered) are required these will be chargeable.
■4.5.3 If, on site, we discover that it is not necessary to carry out the work you have ordered, we will charge you: a fixed rate call out charge based on area and time; and 20% of the price of any Standard Parts that are not required by you. We will re-credit the difference in price (if applicable) to the credit/debit card that you used at the time of ordering.
■4.5.4 Specialist Orders are non-returnable and you will be liable for the full menu price.
•5. Your right to cancel the Contract ◦5.1 This clause 5.1 only applies to Services ordered by you. ■5.1.1 Under the Consumer Protection (Distance Selling) Regulations 2000 and the Consumer Protection (Distance Selling) (Amendment) Regulations 2005 you have the right to cancel your order within 7 working days from the day after you agree to proceed with this contract (i.e. the date you make payment).
■5.1.2 If you ask us to commence work prior to the 7 day period referred to in 5.1.1 above, you agree that your right to cancel will terminate once performance of the Services begins.
■5.1.3 Due to the nature of our Services and the costs that we incur in setting up your job and ordering relevant parts, a Non-Refundable Administration Charge will be applicable if you cancel your order.
◦5.2 This clause 5.2 only applies to Goods ordered by you. ■5.2.1 If you are not satisfied with the Goods you have purchased from us, you have the right to cancel your order within 7 days from the date of delivery for full credit less a Restocking Charge.
■5.2.2 It is your responsibility to return any Goods to us in the condition they were delivered to you and at your own cost. We reserve the right to reject Goods that are not in good condition, without further liability to you.
■5.2.3 If you do not return your Goods to us within 7 days from the date of delivery your right to cancel will be revoked.
◦5.3 All cancellations must be notified to us at our Contact Address in writing within the specified time scales.
◦5.4 When you cancel your order with us any sum debited to us from your credit or debit card will be re-credited to your account minus the appropriate Non-Refundable Administration Charge or Restocking Charge. We will endeavour to re-credit your account as soon as possible and in any event within 30 days from the date of cancellation.
◦5.5 The above cancellation provisions do NOT apply to the following contracts: ■5.5.1 Contracts for Goods which by their nature are non-returnable (what constitutes non-returnable goods is at our sole discretion);
■5.5.2 Specialist Orders;
■5.5.3 Contracts where the customer is a business.
◦5.6 Where these cancellation provisions do not apply you will be liable for the full price of the Goods or Service on cancellation, subject to our discretion.
•6. Performance of the Services
Any time or date quoted by us for the performance of any Service or delivery of any Goods is an estimate only, and we shall not be liable for any failure to meet any such estimate nor for any loss, whether financial or otherwise resulting directly or indirectly therefrom. Time is not and shall not be of the essence in relation to this condition or the performance by us of any of our obligations under this contract.
•7. Special Offers and Promotions ◦7.1 To book a special offer, you must either book through our Website or apply using the relevant promotional code which is available on our Website.
◦7.2 Offers may not be used in conjunction with any other discount or promotion. Offers are subject to availability.
•8. Liability ◦8.1 If the Goods and/or Services we provide to you are not satisfactory, we shall have no liability to you unless you notify us of the problem in writing at our Contact Address within 10 working days of the date the Goods or Services were provided.
◦8.2 Save as precluded by law, we shall not be liable to you for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
◦8.3 To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Website, the materials and/or all goods or services supplied by us in connection with this Website.
◦8.4 Our aggregate liability in connection with any claim arising out of or relating to the Website, the materials and the Goods and/or Services provided in connection with the Website shall be limited to the amount paid by you in relation to the relevant Goods and/or Services.
◦8.5 You shall compensate and hold us and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred by the same in connection and/or arising out of your breach of the terms of this contract.
◦8.6 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
•9. Notices
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our Contact Address. All notices from us to you will be displayed on our Web Site from time to time.
•10. Events beyond our control
We shall have no liability to you for any failure to deliver the Goods or Services you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control, including but not limited to strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
•11. Invalidity
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
•12. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
•13. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
•14. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
•15. Entire Agreement
These Terms and Conditions, together with our current Website prices, service details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods and Services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any of the Goods or Services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
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