Salitas Limited - Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms
and conditions on which we supply any of the products (Products)
listed on our website, www.salitas.co.uk, (our site)
to you. Please read these terms and
conditions carefully before ordering any Products from our site.
By ordering any of our Products, you agree to be bound by these terms and
conditions. You should print a copy
of these terms and conditions for future reference.
1.1
Www.salitas.co.uk is a site operated by Salitas Limited (we).
We are registered in England and Wales under company number 4921435 and
with the registered office address of Knaresborough Technology Park, Manse Lane,
Knaresborough, North Yorkshire HG5 8LF. That
is also our main trading address. Our VAT number is GB832081944.
1.2
We are regulated by the MHRA.
By placing an order through our site, you warrant that:
(a)
you are legally capable of entering into binding contracts;
(b)
you are at least 18 years old;
(c)
you are resident in one of the Serviced Countries; and
(d)
you are accessing our site from that country.
3.
How the contract is formed between you
3.1
After placing an order, you will receive an e-mail from us
acknowledging that we have received your order.
Please note that this does not mean that your order has been accepted.
Your order constitutes an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that the Product has
been dispatched (the Dispatch Confirmation).
The contract between us (Contract)
will only be formed when we send you the Dispatch Confirmation.
3.2
The Contract will relate only to those Products whose dispatch we
have confirmed in the Dispatch Confirmation.
We will not be obliged to supply any other Products which may have been
part of your order until the dispatch of such Products has been confirmed in a
separate Dispatch Confirmation.
4.1
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 Products in accordance with our
refunds policy (set out in clause 10 below).
4.2
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.
4.3
Details of this statutory right, and an explanation of how to
exercise it, are provided in the Dispatch Confirmation.
This provision does not affect your statutory rights.
5.
Availability
Your order will be fulfilled by the delivery date set out in the Dispatch
Confirmation or, if no delivery date is specified, then within a reasonable time
of the date of the Dispatch Confirmation, unless there are exceptional
circumstances.
6.
Risk
6.1
The Products will be at your risk from the time of delivery.
6.2
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.
7.
Price
7.1
The price of any Products will be as quoted on our site from time
to time, except in cases of obvious error.
7.2 These prices include VAT and also include delivery costs, unless otherwise stated. For information on delivery charges for delivery outside the UK, please refer to our Site Delivery Guide.
7.3
Prices are liable to change at any time, but changes will not
affect orders in respect of which we have already sent you a Dispatch
Confirmation.
7.4
It is 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 dispatch procedures so
that, where a Product's correct price is less than our stated price, we will
charge the lower amount when dispatching the Product to you.
If a Product's correct price is higher than the price stated on our site,
we will normally, at our discretion, either contact you for instructions before
dispatching the Product, or reject your order and notify you of such rejection. We
are under no obligation to provide the Product to you at the incorrect (lower)
price, even after we have sent you a Dispatch Confirmation, if the pricing error
is obvious and unmistakeable and could have reasonably been recognised by you as
a mis-pricing.
7.5
Payment for all Products must be by credit or debit card.
8.1
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 6.1 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 have notified us in
accordance with paragraph 20 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 e-mail 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 e-mail 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.
8.2
We will usually refund any money received from you using the same
method originally used by you to pay for your purchase.
9.1
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.
If, however, we have specifically stated in the description of the
Product that it is only fit for certain uses, or needs specific care and
attention as regards its use, then this warranty is subject to those specific
warnings.
9.2
Our liability for losses you suffer as a result of us breaking
this agreement is strictly limited to the purchase price of the Product you
purchased.
9.3
This 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 matter for which it would be illegal for us to exclude, or
attempt to exclude, our liability.
9.4
We are not responsible for indirect losses which happen as a side
effect of the main loss or damage, including but not limited to:
(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)
loss of data; or
(g)
waste of management or office time however arising and whether
caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 11.4 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
of categories (a) to (g) inclusive of this clause 11.4.
10.1
If you order Products from our site for delivery outside the
10.2
Please also note that you must comply with all applicable laws and
regulations of the country for which the products are destined.
We will not be liable for any breach by you of any such laws.
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 e-mail 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 Salitas Ltd at info@salitas.co.uk.
We may give notice to you at either the e-mail 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 e-mail is sent, or three days
after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, that such e-mail was sent to the specified
e-mail address of the addressee.
13.
Transfer of rights
13.1
The contract between you and us is binding on you and us and on
our respective successors and assigns.
13.2
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 dispose of a Contract, or
any of our rights or obligations arising under it, at any time during the term
of the Contract.
14.
Events outside our control
14.1
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
caused 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 or 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 restrictions of any
government.
14.2
Our performance under any Contract is deemed to be 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.
15.1
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 and shall not relieve you from compliance
with such obligations.
15.2
A waiver by us of any default shall not constitute a waiver of any
subsequent default.
15.3
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 accordance with clause 14 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.
17.1
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.
17.2
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 implied from anything said or written in negotiations between us prior to
such Contract except as expressly stated in these terms and conditions.
17.3
We intend to rely upon these terms and conditions and any document
expressly referred to in them in relation to the subject matter of any Contract.
While we accept responsibility for statements and representations made by our
duly authorised agents, please make sure you ask for any variations from these
terms and conditions to be confirmed in writing.
18.
Our right to vary these terms
18.1
We have the right to revise and amend these terms and conditions
from time to time to reflect changes in, for example, market conditions,
technology, payment methods, relevant laws and regulatory requirements and
changes in our system's capabilities.
18.2
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 Dispatch 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).
19.
Law
Contracts for the purchase of Products through our site 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. Any dispute or claim
arising out of or in connection with such Contracts or their formation
(including non-contractual disputes or claims) shall be subject to the
non-exclusive jurisdiction of the courts of
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