BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.compressorshop.co.uk. Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means FNA UK (Compressors) Ltd., registered in England under 07810491, whose trading address is Unit 5, Tower Estate, Warpsgrove Lane, Chalgrove, Oxon, OX44 7XZ.
2. Information About Us
2.1 Our Site, www.compressorshop.co.uk, is owned and operated by FNA UK (Compressors) Ltd., a limited company registered in England under 07810491, whose trading address is Unit 5, Tower Estate, Warpsgrove Lane, Chalgrove, Oxon OX44 7XZ.
2.2 We are a member of The British Compressed Air Society.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
5. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale.
6. International Customers
Please note that We only deliver within the United Kingdom and EU Countries. For other destinations the customer arranges transport/collection.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be variations in colour between the image of a product and the actual product;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary;
7.1.3 Due to the nature of the Goods sold through Our Site, there may be a small variance in the size, capacity, dimensions, measurements, weight, of those Goods between the actual Goods and the description;
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3 We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however they are on a ‘first come, first serve’ basis.
7.4 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
7.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within three working days, We will treat your Order as cancelled and notify you of this in writing.
7.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.8 All prices on Our Site are in Pounds Sterling and include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 If charges are not included in the price of Goods displayed on Our Site please see delivery charge section on our website on Our Site. Delivery options and related charges will be presented to you as part of the order process.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
8.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
8.4.4 Estimated delivery date;
8.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 working days.
8.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
9. Payment
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Debit and Credit cards (excluding American Express);
9.2.2 Paypal
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site that are in stock, are processed within one working day and despatched by the next working day. Items not in stock will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, in accordance with the delivering company, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
10.2.2 If you do not collect the Goods or rearrange delivery within three working days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
10.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Goods; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 5 working days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.
10.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at Tel: 0800 069 9555 / Email: support@compressorshop.co.uk as soon as reasonably possible (and no later than 24 hours from receiving goods), to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.1.1 You have 24 hours to inform us of a faulty delivery, damaged, or incorrect goods beginning on the day that you receive the Goods (and ownership of them) you have 14 calendar days right to reject the Goods and to receive a full refund if they do not conform as stated above.
11.1.2 If you do not wish to reject the Goods, or if the 14 calendar days rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.
11.1.3 If, after a repair or replacement, the Goods still do not conform, you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s) before you purchased them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period. Please refer to Clause 12.
11.3 To return Goods to Us for any reason under this Clause 11, please contact Us at Tel: 0800 069 9555 / Email: support@compressorshop.co.uk to arrange for a collection and return.
11.4 Refunds under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
12. Cancelling and Returning Goods if You Change Your Mind
12.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. Please contact Us for an authorisation number. Please use the following details:
12.2.1 Telephone: 0800 069 9555;
12.2.2 Email: support@compressorshop.co.uk
12.2.3 Post: FNA UK (Compressors) Ltd., Unit 5, Tower Estate, Warpsgrove Lane, Chalgrove, Oxon OX44 7XZ;
12.3 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.4 You may return Goods to Us in person during Our business hours of 8.30am to 4.30pm or you may return them by post or another suitable delivery service of your choice to Our returns address at FNA UK (Compressors) Ltd., Unit 5, Tower Estate, Warpsgrove Lane, Chalgrove, Oxon OX44 7XZ. Please contact Us to arrange for a collection or return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12.
12.5 Refunds under this Clause 12 will be issued to you within 14 calendar days following the day on which We receive the Goods back.
12.6 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.6.1 The goods may not be returned for credit without being authorised by Us.
12.6.2 If goods are returned for credit without prior agreement, We will not accept any responsibility for any damage caused to the goods or loss suffered.
12.6.3 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them.
12.6.4 We may refuse to accept any goods which are not in their original condition and packaging and all documentation originally supplied.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.
13.2 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, strikes, fire, flood, storms, acts of terrorism, or acts of war.
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0800 069 9555, by email at support@compressorshop.co.uk, or by post at FNA UK (Compressors) Ltd., Unit 5, Tower Estate, Warpsgrove Lane, Chalgrove, Oxon OX44 7XZ.
16. Complaints and Feedback
16.1 We always welcome feedback. All complaints are handled in accordance with Our complaints handling policy available from FNA UK (Compressors) Ltd., Unit 5, Tower Estate, Warpsgrove Lane, Chalgrove, Oxon OX44 7XZ.
16.2 If you wish to complain, please contact Us in writing addressed to Managing Director, FNA UK (Compressors) Ltd., Unit 5, Tower Estate, Warpsgrove Lane, Chalgrove, Oxon OX44 7XZ or by email to support@compressorshop.co.uk.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may use will be held in accordance with the provisions of GDPR and your rights under the GDPR.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale to a third party. Your rights will not be affected.
18.2 The Contract is between you and Us. It is not intended to benefit any other person or third party.
18.3 If any provisions are found to be unlawful or unenforceable, they shall be deemed severed from the remainder of these Terms of Sale, which shall remain valid and enforceable.
18.4 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
