Terms and Conditions
TERMS AND CONDITIONS
Application and entire agreement
1. These Terms and Conditions will apply to the purchase of the goods by means of on-line shop radwaguk.com from Radwag UK Ltd. a company registered in England and Wales under number 11844114 whose registered office is at Unit 4 Maple Court, Davenport Street, Macclesfield, SK10 1JE.
2. These Terms and Conditions will be deemed to have been accepted by you when you confirm your order in our shop (radwaguk.com) from the date of placing order of the Goods and will constitute the entire agreement between us and you.
3. These Terms and Conditions and the order specification (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.
7. The description of the Goods is set out in product descriptions on shop.radwag.com, unless expressly changed. In accepting the order you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out on our website are intended as a guide only.
8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
9. The price (Price) of the Goods is set out on our website current at the date of your order.
10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
11. Any increase in the Price under the clause above will only take place after we have told you about it.
12. The total Price includes all listed fees, including VAT and delivery. Total price depends on chosen product options and delivery option.
Cancellation and alteration
13. We reserve the right to cancel placed order if you fail to make payment and don’t contact us, or don’t respond to our attempts to contact you within 3 business days.
14. Cancellation from your side is possible before making a payment. If full payment was made, cancellation is possible only if agreed by us.
15. Payment is done through Paypal and only after payment goes through, we take actions to deliver the Goods.
16. Invoice or receipt (depending on your preference) is issued on the day of shipment. You can specify your preferred type via e-mail, or in order comments.
17. You can choose from 2 types of delivery: DPD shipment service or collection at our office in Macclesfield. If you choose to collect the Goods yourself, we require you to inform us in advance about your estimated time of arriving. Delivery is possible only on the territory of United Kingdom.
18. Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. The Goods may be delivered in advance of the quoted delivery date.
Inspection and acceptance of Goods
19. You must inspect the Goods on delivery or collection.
20. If you identify any damages or shortages, you must inform us in writing within 2 days of delivery, providing details.
21. You have a right to return goods and receive a refund, for details see "Return Policy" site. You must specify and inform us before sending product back to us, whether it's product complaint or a return.
22. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
23. We will be under no liability or further obligation in relation to the Goods if: you fail to provide notice as set above; and/or you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or the defect arises from normal wear and tear of the Goods; and/or the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
24. You bear the risk and cost of returning the Goods.
25. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 4 days after delivery.
Risk and title
26. The risk in the Goods will pass to you on completion of delivery.
Limitation of liability
27. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
28. Subject to the clauses above on Inspection and Acceptance and Risk, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
29. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
30. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
31. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a) any indirect, special or consequential loss, damage, costs, or expenses; and/or
b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill;
c) business interruption; or, other third party claims; and/or
d) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
e) any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
f) any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
32. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
33. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
34. The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the
Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
35. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
36. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
37. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
38. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
Circumstances beyond the control of either party
39. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
40. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
41. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
42. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.