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Welcome to the Park and Holmes website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail info@parkandholmes.co.uk or call us on 02920 220057 between 9am and 4pm Monday to Friday.
Definitions
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Unwanted Products" means products you have ordered from us and which we despatch to you but which you no longer want; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us/Park and Holmes" means Park and Holmes Industrial Supplies Ltd; "Website" means the website located at www.parkandholmes.co.uk or any subsequent URL which may replace it and "You" means a user of this Website.
USE OF THE WEBSITE
Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Registration
You warrant that the Personal Information which you provide to us when you register as a customer is true, accurate, current and complete in all respects. It is your responsibility to ensure that your Personal Information is kept up to date. You can update your Personal Information by accessing the "Edit Profile" link on the Website.
Privacy policy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it in a secure database and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
We confirm that any Personal Information which you provide to us will be used only for the following purposes:
- processing your orders;
- for statistical purposes to improve this Website and its services to you;
- to serve website content and advertisements to you;
- to administer this website;
- if you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You agree that you do not object to us sending you unsolicited email promotions. If you wish to stop receiving such promotions, you may follow the instructions on the Website to unsubscribe from this service. Park and Holmes will not send Personal Information to any outside company for mailing or marketing purposes.
Your Personal Information may be disclosed to reputable third parties (for example, courier companies) so that they may help process your order.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or user information we are entitled do so.
Our rights
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We may also, at our own discretion, change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To make the Website as useful as possible to you, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
PURCHASE OF PRODUCTS
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing or ordering from the Website.
If you choose to purchase any products from our website you will go through to a secure area managed by Protyx and Bank of Scotland before imparting any billing and payment details. This secure area is not managed or controlled by Park and Holmes and we do not accept any liability (whether in contract, negligence or otherwise) for any compromise of security and/or confidentiality in relation to data and/or transmissions occurring in the secure area controlled by Protyx/Bank of Scotland.
Creating the contract electronically
PLEASE NOTE WHOLESALE CHANGES TO THIS SECTION TO REFLECT THE FACT THAT THE "QUOTATION" PROCESS IS BEING ABANDONED AND PRICES WILL NOW APPEAR ON THE WEBSITE, EVEN FOR NEW CUSTOMERS. I HAVE THEREFORE ABANDONED THE DISTINCTION PREVIOUSLY MADE FOR NEW AND EXISTING CUSTOMERS. THERE IS NO LONGER ANY REFERENCE IN THE TERMS AND CONDITIONS TO EXISTING CUSTOMERS HAVING THEIR OWN PRICING STRUCTURE ONCE THEY ENTER “THEIR” PART OF THE WEBSITE AS I ASSUME THAT YOU DO NOT WISH TO DRAW ANYONE’S ATTENTION TO THE FACT THAT THERE WILL BE DIFFERENT PRICES FOR THE SAME PRODUCT. THAT SAID, I ASSUME THAT THE USER GUIDE WILL STILL SPELL OUT HOW CUSTOMERS ARE TO LOG IN TO "THEIR" PART OF THE WEBSITE? IN OTHER WORDS, I’M ASSUMING THAT THE LOG IN PROCESS AUTOMATICALLY TAKES THAT CUSTOMER TO THE CORRECT PRICING FOR THEM AND THAT NO PRICES WILL SHOW UP UNTIL A CUSTOMER OR POTENTIAL CUSTOMER HAS LOGGED IN??
The technical steps involved in creating a contract between you and us are as follows:
- You place the order for your products on the Website by pressing the ‘place order’ button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Park and Holmes. If you do not receive this within an hour of placing your order please telephone us to confirm that your order has been received.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the instructions below.
- Despatch of your order will not take place until we have received payment authorisation, save in the case of existing customers who choose to pay by account in accordance with the additional terms and conditions set out below.
Non-acceptance of an order may be a result of one or more of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
The contract will be concluded in English.
Canceling the contract
Save in the case of faulty goods, the right to cancel the contract after despatch of your order applies only to customers who are purchasing products outside their business activities. Business customers are not entitled to take advantage of this facility.
If you are a non-business customer you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after delivery to you of the products and provided that you have taken reasonable care of the products while in your custody. Details of what you must do to cancel a contract are set out in the Returns Policy set out below.
If you wish to cancel your order prior to despatch, you must telephone us and provide all the details requested by us to enable us to identify your order and cancel it. We reserve the right to raise a cancellation charge covering any unrecoverable expenses incurred by us (such as courier charges incurred prior to actual despatch) if your cancellation is so late that such charges are unavoidable.
Descriptions of products
Each product is sold subject to its Product Description which sets out additional Special Conditions relating to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
Payment
All prices shown on the website (apart from totals shown in your shopping cart) are exclusive of VAT and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus VAT at the current rates plus delivery charges as set out in the Deliveries section of this website below. Payment can be made by debit or credit card. Existing customers who have previously paid by account may choose to use that method of payment, the use of which is subject to additional terms and conditions namely that payment in full is due within 30 days from the invoice date and that Park and Holmes reserve title to all goods until payment is received in full.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Refusal of your order
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under English law you must:
- register by providing your real name, phone number, e-mail address, payment details and other requested information
- stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
- possess a valid credit or debit card issued by a bank acceptable to us
By making an offer to buy a product, you specifically authorise us and our agents (eg Protyx/Bank of Scotland) to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Deliveries
The normal delivery service is for delivery within 48 hours of our sending to you an order acknowledgement email and within [72/96 – HOW MUCH TIME IS REALISTIC?] hours if the order acknowledgement email is sent on a Friday. The normal delivery charge is £8.95 [PLUS VAT???]. This will automatically be added to the total price shown in your shopping cart. If you have any special delivery requirements (eg if you require a guaranteed delivery time or any other enhancement to the normal delivery service) please contact us by telephone before placing your order.
Returns Policy
With the exception of faulty goods, we cannot accept the return of goods which have been opened and used. If you wish to return unwanted or faulty products to us, please notify us immediately, and in any event within 8 working days of delivery, in writing by post, fax or email.
We will contact you to inform you of the collection arrangements and you must keep the products available for collection by us. If returning unwanted products, you must take reasonable care of them while in your custody and bear the collection charges or, if we so require, return the products to us at your own expense. This does not affect your statutory rights in the event that you have received faulty goods from us.
On receipt of your cancellation notice we will arrange a refund to you of the purchase price of the products being returned. If unwanted products are being collected by us we will deduct from the refund we make to you a sum equivalent to the expense to us in making the collection which will not be greater than the delivery charge payable by you as part of the contract.
Returns should be made in the original, undamaged packaging, and we reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale.
If we have delivered to you products which you have not ordered from us, please contact us immediately and we will arrange for their collection at our own expense.
INTELLECTUAL PROPERTY
All website design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, underlying source code, software and all other material on this website are copyright 2005 Park and Holmes or our licensors unless otherwise acknowledged. All rights are reserved.
Infringement of the copyright in this website or any element of it or the materials associated with this website may lead to criminal and/or civil sanction in the UK, the US and other countries.
Permission is granted to you to electronically copy and to print hard copy portions of this website for the sole purpose of using this website as a research and information resource and/or to purchase products from us, provided you agree not to change and/or delete any content, web design and/or layout contained in that material. Any other use of materials on this website, including modification, distribution or republication, is strictly prohibited.
If you believe that any content on our website infringes any intellectual property rights belonging to you or any third party, please contact us immediately.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied, in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights, nor does it affect any right you have to cancel any contract with us.
We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses, suffered or incurred by you or any third party arising out of or in connection with the provisions or any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
ENTIRE AGREEMENT
These Conditions govern our relationship with you when you purchase products from us via the website. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Conditions.
APPLICABLE LAW
The Conditions and any contract formed under them shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
CONTACTING US
Our registered company address is:
Park and Holmes Industrial Supplies Limited
Units 2-3
Hedel Road (off Sanatorium Road)
Canton
Cardiff CF11 8DJ
UK
Our company registration number is 1506060
Our telephone number is 02920 220057 and our fax number is 02920 373143.
Our email address is info@parkandholmes.co.uk
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