eCommerce Terms and Conditions United Kingdom 22 August 2018
Introduction
1 .In these terms and conditions, “we” “us” and “our” refers to the ADInstruments Group of companies. This website is owned by ADInstruments Pty Limited and is operated for the benefit of the ADInstruments Group of companies. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
2. This information is intended for residents of the United Kingdom only.
3. We reserve the right to amend these eCommerce Terms and Conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Registered Users
4. In order to purchase the products sold on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page, including a username and password. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration
5. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
6. On registration, you will be required to provide a password and User name.
7. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Products
8. Our products are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
Product Descriptions
9. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
10. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Pricing
11. All prices are in British Pounds (GBP) and are exclusive of any applicable VAT and other taxes or levies which may be imposed or charged by any competent authority. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change
Product Orders + Shipping
Product Orders + Shipping12. We supply and despatch our products to customers within the United Kingdom only and aim to deliver by the end of the next working day, although for some more remote areas in Scotland and Northern Ireland, delivery may take longer.
13. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
14. We charge £10.00 for delivery and packaging per order and deliver via courier (UPS).
15. We undertake to accept or reject your order within seven days. If we have not responded to you within seven days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Ownership of Products
16. Title in the products passes to you when we have received payment. Our terms of payment are set out on the order page.
17. All risk of loss or damage to the products passes to you when we despatch the goods.
Order Cancellation Due to Error
18. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where you have been charged, we will immediately arrange a refund for the total amount debited.
Product Returns
19. We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, please notify us via any one of the following methods:
through the “contact us” Form on our web-page
via support at support.eu@adinstruments.com
via phone at +44 1865 332 050
by contacting your sales representative.
20. If we send you the wrong product, we ask that you return this wrong product to us, via courier with a pre-paid UPS label which we will send to you, and we will replace this wrong product with the correct product you ordered.
21. If you inadvertently order the wrong product, we will replace the product with the correct product but reserve the right to charge a 20% restocking fee.
22. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase including packaging and delivery charges.
Website Access
23. When you visit our website, we give you a limited licence to access and use our information for personal use.
24. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
25. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
26. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
27. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
28. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
29. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
30. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
31. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
32. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
33. To the extent permitted by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979), any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
34. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statement of Intended Use
35. Products supplied by ADInstruments are intended for use in teaching and research applications and environments. Products supplied by ADInstruments are NOT intended to be used as medical devices or in medical environments. That is, no product supplied by ADInstruments is intended to be used to diagnose, treat, or monitor a person. Furthermore, no product is intended for the prevention, curing or alleviation of disease, injury or handicap.
Indemnity
36. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
37. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
38. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the provision of products, for;
any indirect or special or consequential loss, damage, cost or expenses; and/or
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
any loss relating to the choice of services or products and how they will meet your purpose or use by you of the services or products supplied.
The exclusions of liability contained in 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.
Jurisdiction
39. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
40. These terms and conditions are to be governed by and construed in accordance with the laws of England and Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and Wales and you agree to submit to the jurisdiction of those Courts
Privacy
41. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
Data Protection
42. When we provide products to you, we may gain access to and/or acquire the ability to transfer, store or process personal data of your employees.
43. We agree that where such processing of personal data takes place, you are the 'data controller" and we are 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.
44. Personal Data', 'Processing', 'Data Controller', 'Data Processor' 'Sub-processor' and 'Data Subject' shall have the same meaning as in the GDPR.
45. We will only Process Personal Data to the extent reasonably required to provide the products to you. We will not retain Personal Data for longer than necessary for Processing and will refrain from Processing any Personal Data for our own or any third party's purposes.
46. We will not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors, sub-processors 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.