Terms and Conditions – Website and CHF Solutions Ltd trading as Store Fittings Direct

CHF Solutions Ltd Company number (12316756), VAT number is (337339585),

CHF Solutions Ltd

Pera Business Park

Nottingham Road

Melton Mowbray

Leicestershire

LE13 0PB

You can contact us by writing to the business address given above, by using our website contact form, by email to chris@chfsolutions.co.uk or by telephone on 01164 318 4182.

  1. Website

1.1     These terms and conditions shall govern your use of our website and any products and or services purchased through CHF Solutions Ltd and Store Fittings Direct

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 18 years of age to use our website. 2 forms of identification will need to be provided to verify the customers address and identification

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

  1. Copyright notice

2.1 Copyright (c)2020 Storefittingsdirect.

2.2  Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

  1. Licence to use website

3.1 You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      stream audio and video files from our website; and

(e)      use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2  Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3  You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

3.6     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

  1. Acceptable use

4.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3  You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

  1. Registration and accounts

5.1 To be eligible for an individual account on our website under this provision, you must be at least 18 years of age and resident in the United Kingdom.

5.2  You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

  1. User IDs and passwords

6.1 If you register for an account with our website, we will provide you a user ID and password.

6.2  Your user ID must not be liable to mislead and must comply with the content rules; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4  You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

7.1 We may:

(a)      suspend your account;

(b)      cancel your account; and/or

(c)      edit your account details,

at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on our website using your account control panel on the website.

  1. Limited warranties

8.1   We do not warrant or represent:

(a)      that the material on the website is up to date all of the time (reasonable action is taken to ensure it is)

(b)      (that the website or any service on the website will remain available.

8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

  1. Limitations and exclusions of liability

9.1  Nothing in a contract under these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)     limit or exclude any liability for fraud or fraudulent misrepresentation, or any applicable law

9.2 The limitations and exclusions of liability set out in this provision and elsewhere in a contract under these terms and conditions:

(a)      are subject to Section 9.1; and

(b)      govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

9.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

9.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.5  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.6  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions – Website

10.1Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      temporarily suspend your access to our website;

(b)     commence legal action against you, whether for breach of contract or otherwise; and/or

(c) suspend or delete your account on our website.

10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

CHF Solutions Ltd trading as Store Fittings Direct

  1. Basis of Sale

11.1 The Company shall sell and the Buyer shall purchase the Goods in accordance with the Company’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Company), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made, by the Buyer.

11.2 No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Company.

11.3 The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any;

(a) Representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

(b) Any advice or recommendation given by the Company which is not relating to the website, or any products and or services purchased from the website of CHF Solutions Ltd  trading as Store Fittings Direct.

  1. Orders and Specifications

12.1 No order submitted by the Buyer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company’s authorised representative.

12.2 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Company

12.3 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Company’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Company).

12.4 If the Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company.

12.5 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements or, where the Goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.

12.6 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.

  1. Price

13.1 The price of the Goods shall be the Company’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Company’s published price list current at the date of acceptance of the order. All prices quoted are valid for thirty days only or until earlier acceptance by the Buyer after which time they may be altered by the Company giving 7 days notice of the change in price.

13.2 The Company reserve the right, by giving written notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacturing) any change in delivery dates, quantities or specification for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate information or instructions.

13.3 Except as otherwise stated in the Company’s written quotation or any price list of the Company, and unless otherwise agreed in writing between the Buyer and the Company, all prices are given by the Company on an ex works basis, and where the Company agrees to deliver the Goods otherwise than at the Company’s premises, the Buyer shall be liable to pay the Company’s charges for transport, packaging and insurance.

13.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay the Company.

  1. Terms of Payment

14.1 Subject to any special terms agreed in writing between the Buyer and the Company, the Company may invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Company shall be entitled to invoice the Buyer for the price of the Goods at any time after the Company has notified the Buyer that the Goods are ready for collection or (as the case may be) the Company has tendered delivery of the Goods.

14.2 The Buyer shall pay the price of the Goods on a proforma Basis, and the Company shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

14.3  If the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to the Company the Company may: –

(a) Cancel the Contract or suspend any further deliveries to the Buyer;

(b)Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Buyer);

(c) Charge the Buyer interest on the amount unpaid, at the rate of four percent per annum above HSBC Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

  1. Delivery

15.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Company’s premises at any time after the Company has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place.

15.2  Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the quoted delivery date on giving reasonable notice to the Buyer.

15.3 If the Company fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Company’s reasonable control or the Buyer’s act or omission, and the Company is accordingly liable to the Buyer, the Company’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

15.4 If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Company’s fault) then, without limiting any other right or remedy available to the Company, the Company may: –

(a) Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or

(b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

15.5  If the Buyer refuses or fails to take delivery of the goods the Seller shall be entitled to terminate the Contract with immediate effect or to dispose of the goods as it may in its absolute discretion determine and the Seller reserves the right to recover from the Buyer a minimum handling fee of 20% of the total price of such goods (plus VAT) which shall be paid by the Buyer within 30 days of the date of invoice.

 

  1. Risk and Property

16.1 Risk of damage to or loss of the Goods shall pass to the Buyer: –

(a)in the case of Goods to be delivered at the Company’s premises, at the time when the Company notifies the Buyer that the Goods are available for collection; or

(b) in the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.

16.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Buyer for which payment is then due.

  1. Warranties and Liability

17.1 Subject to the following provisions the Company only provides such warranty that it has received from the manufacturer or supplier of the Goods as to material and workmanship. The Company is not able to provide any further warranty.

17.2 The above warranty is given by the Company subject to the following conditions: –

(a) the Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer; if the goods were in accordance with the drawing, design or specification.

(b) the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods after the Buyer has purchased the goods;

(c) the Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

(d) the Company shall be under no liability in respect of any defect in goods arising from any drawing, design or specification supplied by the buyer

(e) the above warranty does not extend to parts, materials or equipment not manufactured by the Company in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.

17.3  A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be marked on delivery notes and sent to the Company within 24 hours  from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.

17.4 If delivery is not refused, and the Buyer does not notify the Company accordingly, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

  1. Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Terms, the Company may replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Company shall have no further liability to the Buyer.

17.7 Except in respect of death or personal injury caused by the Company’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

17.8 The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control.

  1. Insolvency of Buyer

18.1 This clause applies if:

(a) the Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

(b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or

(c) the Buyer ceases, or threatens to cease, to carry on business; or

18.2 If this clause applies then, without limiting any other right or remedy available to the Company the Company may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

  1. Returns

19.1  It is our normal practice to replace any merchandise, which may reach customers in an unusable condition. It would be helpful if goods to be returned for examination are thoroughly cleaned and adequately packed.

19.2  The Buyer has the right to reject an item that is considered to be of ‘unsatisfactory’ quality. The Buyer should notify The Seller of any unsatisfactory products within 3 days of receipt of the delivery. The Seller may request samples of the product in order to confirm the quality issue prior to accepting the return of the goods. The Seller will endeavour to replace, repair or refund any products found to be unsatisfactory by both parties providing they are still in the original packaging in accordance with 19.3.

19.3 Goods kept in stock may be returned to us only by prior agreement at customers’ carriage cost (including 20% restocking fee and any other fee relevant) and subject to the following conditions:

(a)  Goods returned must be in original packaging i.e. resalable condition

(b) A notification of return must be made within 24 hours of delivery. Failure to do this will result in a handling charge of 30%. It is essential to quote our delivery note number for a credit note to be issued

(d) No returns will be accepted 72 hours from delivery (Monday to Friday).

(e) The Seller reserves the right to charge the minimum handling fee above except in the case of faulty garments. Goods returned to the Seller without a ‘returns authorisation number’ will not be credited and will be disposed of at the Seller’s discretion unless the Buyer collects such goods (at its own cost) from the Seller within 30 days of receipt of the returned goods.

19.4 If goods supplied by us were incorrectly supplied please notify us immediately and appropriate credit will be given upon receipt of the goods providing they are still in saleable condition

19.5 Orders for made to order items, bespoke items, special products and customised items/packaging are NON RETURNABLE

  1. Variation

20.1  We may revise these terms and conditions from time to time.

20.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

20.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website and cancel any

orders pending through CHF Solutions Ltd trading and or Store Fittings Direct

  1. Assignment

21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

  1. Severability

22.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

22.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

23.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

  1. Entire agreement

24.1 these terms and conditions, together with our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

25.1   A contract and dispute relating to the contract  under these terms and conditions shall be governed by and construed in accordance with the law of England and Wales.