We operate the website www.adeyspares.co.uk. We are Adey Innovation LLP, a limited liability partnership registered in England and Wales with number OC372411 and of registered address Gloucester Road, Cheltenham GL51 8NR (“we”, “us”, “our”). Our VAT number is 125 4273 32.
This document and any other documents referred to in this document tell you the legal terms on which we sell any of the products on our website to you. Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms. If you refuse to accept these terms, you will not be able to order any products from our site.
These terms, and any Contract between us, are only in the English language.
If you are a consumer, to cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the www.adeyspares.co.uk/cancellation-form-i47 on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01242 546717 or by post to ADEY Innovation LLP, Gloucester Road, Cheltenham, Gloucestershire, GL51 8NR. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1. Price of products and delivery charges
1.1 The price of any products will be as quoted on our website at the time you submit your order. These prices include VAT but exclude delivery costs, which will be added to the total amount due at the then current rates. Our delivery charges are advised to you during the check-out process, before you confirm your order.
1.2 We take all reasonable care to ensure that the prices of the products are correct at the time when the relevant information was entered onto the system. However, please see clause 1.3 for what happens if we discover an error in the price of the products you ordered.
1.3 Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed 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 website, we will at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
1.4 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.
1.5 If you are a consumer, prices for our products may change from time to time, but changes will not affect any order for which we have sent you a Dispatch Confirmation.
2. Our products
2.1 All products shown on our website are subject to availability. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. The products may vary slightly from those images.
2.2 The packaging of the products may vary from that shown on images on our site.
3.1 For the steps you need to take to place on order on our website, please see the following page: www.adeyspares.co.uk. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. You may pay using one of the methods indicated.
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
3.3 If we are unable to supply you with a product, for example because it is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the product, we will refund you the full amount including any delivery amounts charged as soon as possible.
3.4 If you are a consumer (i.e. an individual purchasing in a personal capacity and not in the course of a trade, business or profession), you may only purchase products from our website if you are at least 18 years old and resident in the United Kingdom. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
3.5 If you are not a consumer:
3.5.1 You acknowledge that these terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
3.5.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them;
3.5.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
4. Delivery and risk: UK customers
4.1 All delivery times quoted are estimates only. We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
4.2 If no one is available at your address to take delivery, we will leave you a note that the products have been returned to our premises, in which case, please contact us to rearrange delivery.
4.3 Delivery of an order shall be completed when we deliver the products to the address you gave us and the products will be your responsibility from that time.
4.4 You own the products once we have received payment in full, including all applicable delivery charges.
This clause 4.5 only applies if you are a consumer.
4.5 If we miss the 30 day delivery deadline for any products then you may cancel your order straight away if any of the following apply:
4.5.1 we have refused to deliver the products;
4.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
4.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
4.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
4.7 If you do choose to cancel your order for late delivery under clause 4.5 or clause 4.6, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
5. International delivery
5.1 Unfortunately, we do not delivery to addresses outside the UK.
5.2 You may place an order for products from outside the UK, but this order must be for delivery to an address in the UK.
6. Payment terms
6.1 Payment of the price for the products and all applicable delivery charges is due at the time of placing the order in advance by Sage Pay.
6.2 No payment shall be deemed to have been received until we have received cleared funds.
7.1 Property in and title to the products shall remain with us until we have received payment in cleared funds of the full price of all products the subject of the Contract (including delivery charges) and sent you the Dispatch Confirmation.
8.1 We warrant that the products:
8.1.1 comply with their description on our acknowledgement of order form; and
8.1.2 are free from material defect for a period of 12 months from the date of delivery provided that you comply with clause 8.3.
8.2 If you are not a consumer, we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the products or their fitness for any purpose.
8.3 If you believe that we have delivered products which are defective in materials or workmanship, you must return the products to us to investigate a claim under this clause 8.
8.4 If the products are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 8.3) in full, we will (at our option) replace the goods or refund the price. Notwithstanding the foregoing, we will not replace, refund or be liable for any products which:
8.4.1 have been tampered with or in any way altered, adapted, repaired and/or modified other than by us;
8.4.2 have been subject to misuse, negligence or acts other than by us;
8.4.3 have been incorporated into, use with and/or integrated with products not supplied by us; and/or
8.4.4 have been wilfully damaged, stored, handled, maintained or used in a manner contrary to our instructions or not originally intended.
8.5 If you are a consumer, this warranty is in addition to, and does not affect your legal rights in relation to products that are faulty or are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. Our liability if you are not a consumer
This clause 9 only applies if you are not a consumer
9.1 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
9.2 Subject to clause 9.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
9.2.1 any loss of profits, sales, business, or revenue;
9.2.2 loss or corruption of data, information or software;
9.2.3 loss of business opportunity;
9.2.4 loss of anticipated savings;
9.2.5 loss of goodwill; or
9.2.6 any indirect or consequential loss.
9.3 Subject only to clauses 9.5 and 17.8, our total liability to you (from one single cause) for damage to property caused by our negligence or otherwise shall be limited to £1,000
9.4 Subject only to clauses 9.3, 9.5 and 17.8, for all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
9.5 Nothing in these terms restricts or limits our liability for:
9.5.1 death or personal injury resulting from our negligence;
9.5.2 fraud or fraudulent misrepresentation;
9.5.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
9.5.4 defective products under the Consumer Protection Act 1987.
9.6 The exclusions and limitations of liability set out in this clause 9 shall be considered severally. The invalidity or unenforceability of any one of these sub-clauses shall not affect the validity or enforceability of any other part of this clause 9.
9.7 The whole of this clause 9 shall survive the termination of the relevant contract and/or these terms howsoever caused.
10. Our liability if you are a consumer
This clause 10 only applies if you are a consumer.
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
10.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
10.3.5 defective products under the Consumer Protection Act 1987.
11. Return of goods if you are not a consumer
11.1 If you are not a consumer, we will accept the return of goods from you only:
11.1.1 by prior arrangement (confirmed in writing and quoting your Sales Return Order (SRO) which can be obtained by calling our Sales Team);
11.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered); and
11.1.3 where the goods are as fit for sale on their return as they were on delivery.
11.2 Subject to clause 9.1, where goods are returned to us they will be subject to a restocking charge of £25 per product for all items excluding MagnaClean Industrial which has a restocking charge of £250 per product.
11.3 If you are a consumer (i.e. an individual purchasing in a personal capacity and not in the course of a trade, business or profession), you have a legal right to cancel your Contract with us in accordance with clause 12 below.
12. Your right to cancel and return if you are a consumer
This clause 12 only applies if you are a consumer.
12.1 If you are a consumer (i.e. an individual purchasing in a personal capacity and not in the course of a trade, business or profession) , you will have a legal right to cancel your Contract with us during the period set out below in clause 12.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel your Contract and receive a refund. Advice about your legal right to cancel your Contract with us is available from your local Citizens' Advice Bureau or Trading Standards office.
12.2 However, this cancellation right does not apply in the case of any products which become mixed inseparably with other items after their delivery.
12.3 Your legal right to cancel your Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the product.
12.4 To cancel your Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the www.adeyspares.co.uk/cancellation-form-i47on our website. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 01242 546717 or by post to ADEY Innovation LLP, Gloucester Road, Cheltenham, Gloucestershire, GL51 8NR. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
12.5 If you cancel your Contract we will:
12.5.1 refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
12.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
12.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 12.8;
(b) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
12.6 If you have returned products to us under this clause 12 because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
12.7 We will refund you on the credit card or debit card used by you to pay.
12.8 If the products have been delivered to you before you decide to cancel your Contract:
12.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, [return it to us in-store or hand it to our authorised carrier.
12.8.2 unless the product is faulty or not as described (in this case, see clause 12.6), you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery.
12.9 Details of your legal right to cancel, an explanation of how to exercise it and a link to the cancellation form are provided in the Dispatch Confirmation.
12.10 As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by anything in these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. Waiver and variations
13.1 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.2 We amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.
13.3 If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
14. Event 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
15.1 When we refer, in these terms, to "in writing", this will include e-mail.
15.2 If you are a consumer you may contact us as described at the beginning of these terms.
15.3 If you are not a consumer:
15.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
15.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, one working day after transmission.
15.3.3 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.
16. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms
17.2 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.3 If you are not a consumer, a 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 the law of England and Wales.
17.4 If you are not a consumer, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
17.5 If you are more than one person, each of you has joint and several obligations under these terms.
17.6 If any of these terms are unenforceable as drafted:
17.6.1 it will not affect the enforceability of any other of these terms; and
17.6.2 if it would be enforceable if amended, it will be treated as so amended.
17.7 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
17.8 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
17.9 The Contract comes into force when and not before we accept your order.
17.10 We may assign the benefit of the Contract to any other person without your consent. You may not assign the benefit of the Contract.