“Working days” means Monday to Friday, excluding Bank or other Public Holidays.
“Force Majeure” means any event affecting Cablepoints’ ability to fulfil its obligations arising from acts, causes, omissions, events or non-events beyond reasonable control including government regulations, fire, flood, disaster, industrial dispute.
“Catalogue” means products offered by Cablepoint on the website www.cablepoint.co.uk
2. CONTRACTS OF SALE
All contracts of sale made by Cablepoint shall be deemed to be governed by these terms and conditions which shall prevail over any other terms, produced by the party (“the Customer”) to whom Cablepoint is selling. Cancellation of orders by business customers is only accepted at the discretion of Cablepoint and cannot be accepted where goods are dispatched the same day as the order is placed. Cablepoint can only accept cancellation of orders by consumers in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
All orders are subject to acceptance by Cablepoint and to availability of goods ordered. Cablepoint reserves the right to refuse any order.
The Customers undertakes that all details provided for the purchase of the goods via our website are correct. The Customers also undertakes that the PayPal account used to purchase goods is either their own or their Company’s own and that they have authority to use it. The Customer furthermore undertakes that sufficient funds will be available to cover the cost of goods ordered.
Goods are invoiced at the price prevailing at the time of order. Invoices will be subject to VAT unless specifically indicated.
Overnight delivery services will be invoiced at the rates shown on the website unless agreed otherwise.
Cablepoint reserves the right to modify pricing where necessary from time to time.
4. DELIVERY, TITLE AND RISK
Times and dates stated for delivery can only be estimated. Whilst every effort will be made to meet Customer requirements and deadlines, Cablepoint cannot accept liability for failure to deliver within the stated timescales.
If for any reason and in the unlikely event that Cablepoint is unable to deliver the goods, the Customer will be offered the opportunity to cancel the order or select alternative goods available. If a written order has been received, a written cancellation must be forwarded to Cablepoint.
Cablepoint cannot accept liability for damage or incomplete deliveries unless notified by the Customer within 7 days of delivery. The Customer is responsible for accepting delivery of goods once ready.
Delivery is deemed to have taken place once goods have been delivered to the Customer’s given delivery address. At this point, all risk of loss, breakage and damage pass to the Customer.
Title to the goods passes from Cablepoint to the Customer when payment has been received in full. If the customer is unable to accept delivery of the goods, Cablepoint may a) store and insure the goods at the Customer’s expense and risk, b) resell the goods at the best price obtainable and refund the customer any excess achieved once storage and restocking costs have been deducted, c) re-arrange delivery at a later date at the Customer’s expense.
Standard terms of payment are by PayPal payable at the point of order. Other terms may be agreed at the discretion of Cablepoint and in writing.
6. PRODUCT SPECIFICATIONS
Goods may be subject to minor variations in actual dimensions, specifications and quantities. In such a case, if the Customer does not wish to accept the alternative goods, he/she reserves the right to cancel the order and have any money paid to Cablepoint in respect to that order refunded. This will be the sole remedy of the Customer in these circumstances.
7. TRADE NAMES AND TRADE MARKS
Trade names and marks may not always be indicative of the actual manufacturer of a particular product and may be an indication of systems for general use and machines may be associated with such products. In the case of components, purchasers requiring a part to be manufactured by a particular manufacturer should check in advance of purchase to verify the identity of the component’s actual manufacturer.
8. WARRANTIES AND RETURNS
Although Cablepoint is committed to providing customers with the highest possible quality of products and services, products may, on occasion, be found to be faulty or defective. In any such case, we would offer the following facilities:
All goods supplied by Cablepoint are warranted to be generally free from any defect in workmanship and materials and fit for purpose for which these goods would normally be used. If goods or services are purchased in the course of your business, these are excluded to the fullest extent permitted by law from all other express or implied terms of warranties.
Subject to the right of consumers to return goods for refund under the Consumer Protection (Distance Selling) Regulations 2000, Cablepoint does not sell products on a trial basis. We strongly recommend that our customer check suitability and specification of products before placing orders.
In the event of Cablepoint agreeing to accept the return of unwanted products at its discretion (unless under the Consumer Protection (Distance Selling) Regulations 2000), these must be returned with Cablepoint’s written agreement within 30 days of date of delivery. The goods must be unopened and in perfect resalable condition.
Cablepoint will reserve the right to test any alleged fault found with goods returned for replacement or credit. All faults must be reported within 14 days of delivery.
Cablepoint’s support staff will advise you of the most appropriate method of delivery regarding returned goods, either by courier collection or by postal delivery direct to us. Cablepoint will cover the cost of goods returned which are found to be defective. If a courier collection is arranged, it will be the responsibility of the customer to be available to hand over the goods in question.
With regard to the return of faulty goods, it is the Customer’s responsibility to ensure that the goods are adequately packed. Cablepoint cannot accept liability for goods damaged in transit due to insufficient packaging.
Proof of postage is not proof of delivery; customers are advised that goods returned should be sent via either recorded delivery, registered post or by courier, with sufficient insurance to cover the replacement value of the goods.
On receipt of the returned product, Cablepoint will test it to verify the fault. If, following this procedure the product is found to be in good working order, we will return the product to you.
All warranties will be rendered inapplicable if goods have been interfered with, altered or damaged in any way by the Customer or its agents, or if goods have been used accordance with manufacturer’s instructions.
9. CABLEPOINTS’ LIABILITY
Cablepoint cannot accept any liability for consequential or indirect damage, for example loss of profit, goodwill or data or other financial loss not related to the price paid for the goods. All losses will be limited to the amount paid for the goods ordered.
Cablepoints’ liability for death or personal injury caused by negligence is not limited in this agreement.
10. HEALTH AND SAFETY
Cablepoint confirms that goods it supplies do not present a hazard to health and safety in accordance to the Health and Safety at Work Act, 1974 under condition that: The goods are properly used for the purpose for which they are designed and the Customer takes reasonable precautions in their use.
11. FORCE MAJEURE
If Cablepoint is prevented from meeting the terms of its contract with the customer as a result of Force Majeure, it will not be deemed to be in breach of the contract with the customer.
12. THE CONSUMER PROTECTION (DISTANCESELLING) REGULATIONS 2000
Contracts entered into by Customers not acting in the course of a business are subject to The Consumer Protection (Distance Selling) Regulations 2000.
Should the Regulations apply, Customers may cancel goods by giving notice in writing within 7 days of date of delivery of the goods either by post, email or fax to Cablepoint.
If the Customer exercises the right to cancel under the Regulations, he or she will be responsible for the cost of returning the goods. Alternatively, if the goods are not returned, the Customer has a responsibility to make the goods available for collection from the address to which they were delivered. The full cost of the collection will be deducted from any refund.
The customer is also obliged to retain possession and to take reasonable care of the goods until such time as they are collected. The customer will be liable for any damage to the goods if there is any failure to comply with this obligation.
13. ERRORS AND OMISSIONS
Although Cablepoint makes every effort to be accurate with the goods it represents on the website, it is unavoidable that errors and omissions will occur. Should this instance arise, Cablepoint will have the right to rescind the contract, even if payment has already been received. Cablepoint will in this event refund any monies paid the Customer. The Customer may either cancel his or her purchase, or in the case of an incorrectly given price, pay the difference between the price given and the correct price.
No clauses or conditions in this document affect your statutory rights as a consumer.
If there proves to be any clause or condition that is found to be invalid or unenforceable, that item may be struck from the Agreement without any influence on the validity of the remainder of the Agreement. Any such waiver must be in writing and agreed by Cablepoint.
Headings given are for ease of reference and do not affect the interpretation of the Agreement.
Correspondence regarding changes in the Agreement should be exchanged by post, email or fax, although proof of delivery may be required.
All terms and conditions contained in this Agreement will be subject to the jurisdiction of the English courts. Cablepoint reserves the right to amend the terms and condition contained in the Agreement at any time.