Terms & Conditions
TERMS AND CONDITIONS OF SALE
These are the terms and conditions of sale Slim Disc Ltd whose registered office is at Care of Viper Performance, unit 2, Horton Wood 32, Telford, TF1 7EU. These terms, together with any Special Conditions (as defined below) will apply to all your purchases of Goods and Services, whether you are ordering online, by telephone or by mail. Please read this document carefully after printing before placing your order.
We may change these terms from time to time. Please check them before you make another purchase.
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these conditions:-
1.2 The contract for the supply of Goods and/or Services (“Contract”) will be formed when we accept your order.
1.3 These conditions and any matters referred to on our order acknowledgement (as appropriate) form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.4 Any omission or error in any sales literature, web page or site, order form, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
1.5 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract of Sale so that no third party may claim any rights under this contract.
1.6 These terms and conditions and any Special Conditions do not apply to any sales by third parties. Sales by third parties shall be subject to that third parties terms and conditions (if applicable). You should read any third party terms and conditions prior to placing your order. You acknowledge and accept that we have no responsibility for and shall have no liability to you in respect of any sales by third parties on our website.
2 WARRANTY
2.1 If the Goods which you purchase from us are faulty or do not do what we say in Writing that they will do, you should notify us in writing within 28 days of delivery. We will examine the Goods and, if the Goods are faulty or do not do what we say in Writing that they will do, we will, at our option, either replace the defective Goods or refund the price of the defective Goods.
2.2 The warranty in 2.1 above does not apply to faults which have been caused by your mis-use and/or neglect of the Goods or by accidents caused while the Goods are in your possession.
2.3 Where you return Goods under condition 2.1, we will pay for the delivery of any replacement Goods to you and will, where you have returned Goods to us within 28 days of delivery, reimburse your reasonable postage costs in returning the Goods. We will not be liable for any delivery costs where you are not entitled to return the Goods to us under these conditions or by law.
2.4 You must return all Goods to us in their original packaging in the same condition as you bought them.
2.5 We will supply the Goods which you purchase from us with reasonable skill and care.
2.6 If the Goods which you purchase from us are not in accordance with clause 2.5, above, or do not do what we say in Writing that they will do, you should notify us in Writing within 28 days of their supply or within a reasonable time from their supply for defects which are not apparent to you following the provision of the Goods. If the Goods are not in compliance with clause 2.5 above, or do not do what we say in Writing that they will do, we will either remedy the defect in question, re-supply the defective Goods or refund the price (or a proportionate part of the price) of the defective Goods (or proportionate part of the Goods).
2.7 Under normal use, we guarantee our goods for a period of 12 months from invoice date.
3 LIMITATION OF LIABILITY
3.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for:
3.1.1 any losses which are not reasonably foreseeable by both Parties when the Contact of Sale is formed arising in connection with the supply of Goods and/or Services or their use by you;
- 3.1.2 any losses which are not caused by any breach by us; and/or
- 3.1.3 business or trade losses.
3.2 Subject to condition 3.3 below, our entire liability in connection with the Contract will not exceed the purchase price of the Goods or Services to which the claim relates.
3.3 Nothing in this Contract shall limit our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors nor for any other matter which by law cannot be excluded.
4 PRICE
4.1 The price for the Goods and/or Services is stated on our order acknowledgement (as appropriate). All prices shown on the site are in pounds sterling and are inclusive of VAT and are correct at the time of placing your order.
4.2 We may vary the prices where the cost to us of manufacturing or supplying the Goods is increased or decrease the price during special offers or promotions. Such promotions or price alterations may be put in place at anytime without notice.
5 PAYMENT
5.1 The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see condition 5.2 for what happens if we discover an error in the price of the product you order.
5.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.
5.3 All payments should be made via our website by Mastercard, Visa and/or Maestro, or Paypal. We do not accept cash or cheques.
5.4 Unless we agree otherwise in Writing, you must pay for Goods and Services prior to the despatch of the Goods or Services to you by such means as we may notify you of on our website.
5.5 Where you do not make any payment to us under the Sales Contract within 72 hours
of you placing the order online we will treat the order as cancelled.
5.6 VAT is not charged on Slim Disc products as Slim Disc LTD is not VAT registered. EU customer may incur additional local VAT charges when importing Slim Disc products.
6 DELIVERY
6.1 Whilst we try to keep our website up to date, stock availability information is subject to change and this may impact upon the delivery of the Goods to you. In the event that you place and order with us for Goods that are temporarily out of stock, we will notify you within 72 hours that the Goods are out of stock and the inform you of a date on which the Goods will be delivered to you or when the Goods become available.
6.2 We will deliver the Goods to the place designated by you in the accepted order during normal business hours.
6.3 Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any despatch note or otherwise is a best estimate only and we will not be liable to you fo any loss or damage sustained by you if we fail to meet that time scale.
6.4 If you have any queries relating to the delivery of your Goods, or in the event of non- delivery, please contact us. To help us trace your order, please contact us within 30 days from the date of your order. Please be aware that for all standard deliveries within the UK, we use the Royal Mail. Royal Mail does not currently investigate non-delivery of items prior to 14 working days from the date of despatch. When using our carriers we will be able to track parcels and investigate non deliveries and obtain answers or resolutions within 15 days of expected delivery
6.5 The costs of delivery will be as displayed to you on our website.
7 RISK AND TITLE
7.1 The risk for damage to the Goods will pass to you upon delivery.
7.2 Title to the Goods will not pass to you until we have received payment in full for the Goods.
8 DAMAGE OR LOSS IN TRANSIT
8.1 We shall replace, free of charge, any Goods damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 7 days of the date of our invoice (so that we may comply with our carrier's conditions of carriage). In the event of a claim for damaged goods, we will need to see the goods. You will be required to ship the damaged goods back to us. Goods are not classed as lost by Royal Mail until 14 days after expected delivery date, Goods are not classed as lost by our carriers until 7 days after expected delivery date.
8.2 Replacement goods cannot be shipped out until the 7 or 14 days rule in section 8.1
9 SPECIFICATION
9.1 Where we have put drawings, photographs, illustrations, specifications, performance data, dimensions and the like in sales literature, on web pages or other documentation, we believe they are accurate. However, you should not take them to be a description of the Goods or representations made by us and we do not warrant that they are accurate.
9.2 You should check specifications and any description of the Goods prior to making an order. You acknowledge and accept that the specification and any description relating to Goods may be changed by us at any time up to delivery. We will not be liable to you (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss or damage suffered in connection with any change. We will use our reasonable endeavours to advise you of any such impending change as soon as we are able or upon our receiving notice of the same (as appropriate). If you are a Consumer, you may cancel the Contract according to your rights set out in condition 10, below.
10 YOUR RIGHT OF CANCELLATION
10.1 This condition 10 applies to Consumers only.
10.2 Under the United Kingdom's the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , you have the right to cancel the Contract for the purchase of any of the Goods and/or the supply of the Services within 14 working days of delivery (in respect of Goods). A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund for the price of the Goods within 14 days we receive the product back from you, or the day you provide evidence to us that you have sent the product back to us, provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered. In all other cases, refunds will be made within 14 days of us receiving your notification that you wish to cancel the Contract. Any refund due to you following cancellation shall be made within 14 days of us receiving your notification that you wish to cancel. You may contact us through any of the following methods to confirm that you wish to cancel the Contract:
(a) Phone or email. Call customer services on the telephone number published on our website or email us via the contact page of this website. Please provide your name, home address, details of the order (order / invoice number) and your phone number and email address.
10.3 This right of return is in addition to any other rights, warranties or conditions available to you. (For example, there are terms implied into our Contract with you under Consumer Rights Act 2015 which we cannot exclude.)
10.4 If you exercise your right of cancellation after the Goods have been delivered to you, please package any Goods securely in the original packaging and return to the address noted in the order confirmation. We require that you use a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless we delivered the items to you in error or the Goods are faulty. If you do not return the Goods as required we may charge you a sum not exceeding the direct costs of recovering the Goods.
11 DELAY OR FAILURE TO PERFORM
11.1 We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or any failure by you to notify us of a change of address.
12 GENERAL
12.1 When using our website, we may provide links to other, third party websites on our website. These links are for your information only and do not constitute any endorsement of any third party products, services or information and you acknowledge and accept that any reliance upon such information shall be at your own risk.
12.2 All intellectual property in the Goods and Services (including, without limitation, any information, documentation and/or materials produced in connection with the Goods or Services) are and shall remain fully vested in us. Nothing in these conditions or any Special Conditions shall grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Goods or Services.
12.3 We shall process your data in accordance with the Data Protection Act 1998.
12.4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
12.5 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
12.6 The views and/or opinions expressed by any of our employees (including, without limitation, any training personnel) during the provision of the Goods or Services (or otherwise) may not represent our views and/or opinions and we shall have no liability to you or any third party (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss, damage, suffering, costs and/or expenses incurred resulting from the expression of such views and/or opinions by our employees.
12.7 If you have any questions or complaints about the Goods or Services, please contact customer services by telephone or via the contact form available on this website. We will acknowledge your complaint within seven working days and you can expect a full response within 21 days.
Your key legal rights where you are purchasing as a Consumer
This is a summary of your key legal rights where you are purchasing as a Consumer. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- If your product is digital content, for example a subscription for access to digital information, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you're entitled to a repair or a replacement.
- If the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
- If your product is services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
- if you haven't agreed a time upfront, it must be carried out within a reasonable time.