Terms and Conditions

The Terms and Conditions of Use of www.e6cvd.com/uk

 

This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website http://e6cvd.com/uk/ (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.


INFORMATION ABOUT US

http://e6cvd.com/uk/ is a site operated by Element Six Technologies Limited (we). We are a limited liability company registered in England and Wales under company number 08206603, and having our registered office at Global Innovation Centre, Fermi Avenue, Harwell, Didcot, Oxford, Oxfordshire, OX11 0QR, UK. Our VAT number is GB 156 343 706. Our main trading address (and contact address) is Element Six, Kings Ride Park, Ascot, Berkshire, SL5 8BP, UK.


ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.


INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.


OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. So far as we are lawfully able, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by law.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use, inability to use, results of the use of, or reliance on our site, any websites linked to it and any materials posted on it including, without limitation any liability for any:

 

  • loss of income or revenue;
  • loss of business or business opportunity;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill or reputation;
  • wasted management or office time; and/or
  • other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If you are a business user, please note in particular that we will also not be liable for any indirect or consequential loss or damage of any kind.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes and that our liability to you is limited as set out above.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our site uses cookies to distinguish you from other users of our site and improve your browsing experience. If you continue to use our site, we will assume that you are happy to receive cookies on our site. You can change your browser's cookie setting at any time. To find out more about how we use cookies and how to manage your browser settings, please read our Cookie Policy. Your acceptance of our Cookie Policy is not required for your continued use of our site.


TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Sale for http://e6cvd.com/uk/.


VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and should not be interpreted as endorsement by us of those linked sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


APPLICABLE LAW AND JURISDICTION

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. If you are a consumer resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.


TRADE MARKS

"Element Six" and any trademarks relating to the products sold via our site are registered trademarks of Element Six Limited or our other group companies.


VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may have made as these terms and any such changes will be binding on you in respect of your use of our site. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. If you do not agree to any changes we make to these terms, please refrain from using our site. If any part of these terms of use is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.


CONTACT

If you have any concerns about material which appears on our site, please contact technologies@e6.com.

Thank you for visiting our site.

 

 

 

The Terms and Conditions of Sale of www.e6cvd.com/UK 

 

This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products ("Products") listed on our website http://e6cvd.com/uk/ ("the website" or "our site") to you ("the Buyer" or "you"). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that, by ordering any of our Products, you agree to be bound by these terms and conditions.

 

Please note that, where so specified in these terms and conditions, certain terms and conditions apply only to where you act as a consumer, by not placing your order wholly or mainly in the course of a trade, business, craft or profession (referred to as a "consumer"), and other terms and conditions apply to where you act as a business, by placing your order wholly or mainly in the course of a trade, business, craft or profession (referred to as a "business"). The remainder of these terms and conditions apply to you regardless of whether you are a consumer or a business.


You should print a copy of these terms and conditions for future reference. These terms and conditions are only in the English language.


Please tick the button marked "I have read and accept the Element Six Terms and Conditions of Sale" (or similar wording) if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.



1. INFORMATION ABOUT US

1.1 http://e6cvd.com/uk/is a site operated by Element Six Technologies Limited ("the Seller", "us" or "we"). We are a limited liability company registered in England and Wales under company number 08206603, and having our registered office at Global Innovation Centre, Fermi Avenue, Harwell, Didcot, Oxford, Oxfordshire, OX11 0QR, UK. Our VAT number is GB 156 343 706. Our main trading address (and contact address) is Element Six, Kings Ride Park, Ascot, Berkshire, SL5 8BP, UK.

 

Telephone: +44(0)1344 638200

 

Fax: +44(0)1344 638236

 

Email: technologies@e6.com



2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.

 

2.2 The Buyer shall place an order to purchase a Product by placing an order on the website. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

 

2.3 After placing an order, you will receive an "Order Confirmation" e-mail from us acknowledging that we have received your order and containing details of the order made. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us in respect of your purchase of a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an invoice by e-mail that confirms that the Product has been dispatched (this constitutes the "Dispatch Confirmation"). The contract between you and us ("Contract") will only be formed when we send you the Dispatch Confirmation. This Contract incorporates these terms and conditions and is between you and us and no other person shall have any rights to enforce any of its terms.

 

2.4 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

2.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

 

2.6 If you have placed your order wholly or mainly in the course of a trade, business, craft or profession, you may not cancel your order if it has already been accepted by the Seller except with the agreement in writing of the Seller.

 

2.7 If you are a consumer, you have a right to cancel your order within 14 calendar days of delivery of the Products as set out in clause 3.10 below.



3. OUR PRODUCTS / DELIVERY

3.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour or dimension of the Products. The Products delivered to you (and the packaging of those Products) may vary slightly from the images on our site.

 

3.2 Delivery of the Products shall be made by the Seller delivering the Products via a courier, the cost of which is defined on our website and will be displayed prior to the placing of your order.

 

3.3 Any dates quoted for delivery of the Products are approximate only. Please note that timescales for delivery of the Products may vary depending on the availability of the Products and your address. The Products may be delivered by the Seller in advance of the quoted delivery date. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.

 

3.4 Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these terms and conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as cancelled.

 

3.5 If the Buyer has placed its order wholly or mainly in the course of a trade, business, craft or profession, any claim for shortage in any delivery must be notified to the Seller in writing within two calendar days of the date of receipt of the Products by the Buyer.

 

Note: The following clauses 3.6 to 3.10 (inclusive) only apply to Buyers who are consumers.

 

3.6 If we fail to deliver the Products to you within 30 calendar days of your order then you may cancel your order immediately if any of the following conditions apply:

 

3.6.1 we have refused to deliver the Products;

 

3.6.2 delivery within 30 calendar days was essential (taking into account all the relevant circumstances); or

 

3.6.3 you told us before we had sent you a Delivery Confirmation that delivery within 30 calendar days was essential.

 

3.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 3.6 above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

 

3.8 If you do choose to cancel your order for late delivery under clause 3.6 or clause 3.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order, we will refund any sums you have paid to us for the cancelled Products and their delivery.

 

3.9 As a consumer, you have legal rights in relation to any Products that are faulty or not as described. We are under a legal duty to supply Products that are in conformity with the Contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.

 

3.10 As a consumer, you also have a right to cancel any Contract between us within 14 calendar days of delivery of the Products under this clause 3, without giving reasons and in return for a full refund (except as set out in the remainder of this clause 3.10). If you choose to exercise this right of cancellation, you just need to let us know that you have decided to cancel. The easiest way to do this is to click here and complete the online cancellation form. Alternatively, you may complete and return to us the model cancellation form set out at the end of these terms and conditions. We will confirm receipt of your cancellation notice by contacting you in writing (by e-mail or by pre-paid post to the address you provide to us). Upon cancellation, you will be required to return the Products to us without undue delay at the address set out in clause 1. If you cancel your Contract, we will:

 

3.10.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect: (i) any reduction in the value of the Products, if this has been caused by your handling them in a way which has gone     beyond what would have been necessary to establish their nature, characteristics and functioning; and/or (ii) any costs payable by you in respect of any after-sales services expressly requested by you and provided by us in respect of the Products during the 14-calendar-day period following the date of delivery. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you agree to pay us an appropriate amount;

 

3.10.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

 

3.10.3 make any refunds due to you as soon as possible and in any event within the following deadlines:

a. if you have received the Products and we have not offered to collect it from you: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or

b. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

 

Please note that you will lose the right of cancellation set out in this clause 3.10 if the Products become mixed inseparably with other items following delivery.



4. INTERNATIONAL DELIVERY

4.1 We deliver to the countries listed on this page ("International Delivery Destinations"). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

 

4.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

 

4.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

 

4.4 You must comply with all applicable laws and regulations of the country to which the Products are to be delivered. We will not be liable or responsible if you break any such law.



5. PRICE AND PAYMENT

5.1 Except as described in clause 5.3 below in relation to pricing errors, the price of the Products shall be the Seller's quoted price on our site and displayed prior to the placing of the Buyer's order, in addition to the cost of shipping (including any additional insurance costs, customs duties, clearance charges or equivalent duties), any VAT applicable, the cost of using the relevant means of payment. This information shall also be quoted on the Dispatch Confirmation accepting the Buyer's order. Please note the rules on international deliveries set out in clause 4 above.

 

5.2 The prices on our site are liable to change at any time but, save as set out in clause 5.3, changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

 

5.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. However, we are under no obligation to provide the Products to you at any incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

 

5.4 In the event the Buyer is not an existing customer of us, does not have an established trading account with us and/or is a consumer, then payment for all Products must be by credit card through our site. Your credit card will be charged upon dispatch of the Products.

 

5.5 In the event that the Buyer is an existing customer of us, has an established trading account with us and is a business, then payment for Products shall be made either by credit card through our site or, alternatively, on the basis of an invoice submitted by the Seller to the Buyer for the price of the Products, the cost of shipping and any VAT applicable as part of (or at any time after) the Dispatch Confirmation.

 

5.6 If payment for the Products is to be made on the basis of an invoice submitted by the Seller to the Buyer, then the following shall apply with regard to such payment:

 

5.6.1 The Buyer shall pay the price of the Products purchased in full either in advance or within an agreed number of days of the date of the Seller's invoice, despite the fact that delivery may not have taken place and the title in the Product has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract;

 

5.6.2 Payment shall be made in Pound sterling (GBP) or such currency as may be agreed by the Parties;

 

5.6.3 If the Buyer fails to make any payment on the due date then, without affecting any other right or remedy available to the Seller, the Seller shall be entitled to:

 

a. cancel the contract or suspend any further deliveries to the Buyer;

 

b. appropriate any payment made by the Buyer to such of the Products as the Seller may think fit; and

 

c. charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of 2 percent per annum above the base rate set by the Bank of England's monetary policy committee (or its successor) from time to time, until payment in full is made; and

 

5.6.4 Despite any other term or condition herein (and, in particular, despite any period of credit extended to the Buyer under any agreement made pursuant to clause 5.6.1 above), where the balance of the Buyer's account with the Seller (being the value of invoices charged to the Buyer for which the Seller has not received payment) equals or exceeds the Buyer's agreed credit limit, the Seller may, in its sole discretion, refuse to accept further orders from the Buyer or refuse to make further shipments or sales to the Buyer. Furthermore, the Seller may, in its sole discretion, refuse to accept orders from the Buyer or make sales to the Buyer where the value of the Products ordered by the Buyer would, if invoiced to the Buyer's account, cause the balance of the said account to equal or exceed the said credit limit. Any decision made by the Seller in the exercise of its sole discretion as provided for in this sub-clause shall not, and shall not be deemed to, prejudice, limit, hamper or affect any subsequent exercise by the Seller of its sole discretion.



6. RISK AND TITLE 

6.1 If the Buyer is a consumer, risk of damage to, or loss of, the Products shall remain with the Seller until they have been physically delivered to the Buyer or to a person identified by the Buyer to take physical possession of the Products.

 

6.2 If the Buyer is a business, risk of damage to, or loss of, the Products shall pass to the Buyer:

 

6.2.1 in the case of goods to be delivered to the Buyer at the Seller's place of business or delivered to a courier at the Seller's place of business, at the time when the Seller notifies the Buyer that the Products are available for collection or that the Products have been dispatched with a courier; or

 

6.2.2 in the case of Products to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Products, the time when the Seller has tendered delivery of the Products.

 

6.3 Despite delivery having taken place and risk in the Products having passed, and despite any other provision of these terms and conditions, the title in the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. Until such time as the title in the Products passes to the Buyer, the Buyer shall hold the Products as the Seller's fiduciary agent and bailee and shall keep the Products separate from the goods of the Buyer and third parties, properly stored, protected, insured and identified on the Buyer's property, but shall be entitled to use the Products as normal. The Buyer hereby irrevocably authorises the Seller or its representatives to enter upon the Buyer's premises where the Products are stored, or are thought to be stored, for the purpose of repossessing them and, if the Seller so chooses, subsequently reselling them.



7. OUR LIABILITY (BUSINESS CUSTOMERS)

Note: This clause 7 shall only apply to Buyers who are acting as a business.

 

7.1 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law. In particular, the Seller will not be responsible for ensuring that the Products are suitable for your purposes. Any claim by the Buyer which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven calendar days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within seven calendar days after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Products and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price of the Products as if the Products had been delivered in accordance with the Contract. The Seller shall not be liable for any losses arising from any delay in delivery of the Products howsoever caused.

 

7.2 Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Products or their failure to meet E6 specification is notified to the Seller in accordance with these terms and conditions, the Seller shall be entitled to replace the Products (or the part in question) free of charge for the replacing items or, at the Seller's sole discretion, refund to the Buyer the price of the Products (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

 

7.3 The Seller is liable only for defects which appear under the conditions of operation provided for in the Contract and under the proper use of the Products.

 

7.4 The Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any losses (whether for loss of profit, revenue, business opportunity, goodwill or otherwise), damage, costs, expenses or other claims for compensation that are not reasonably foreseeable by the Buyer or the Seller (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Products or their use or resale by the Buyer, except as expressly provided in these terms and conditions.

 

7.5 Nothing in these terms and conditions limits or excludes the Seller's liability for: (i) death or personal injury caused by the Seller's negligence; or (ii) fraud or fraudulent misrepresentation.



8. OUR LIABILITY (CONSUMERS)

Note: This clause 8 shall only apply to Buyers who are consumers.

 

8.1 If the Seller fails to comply with these terms and conditions, the Seller is responsible for loss or damage the Buyer suffers that is a foreseeable result of the Seller's breach of these terms and conditions or our negligence. However, the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Seller's breach or if it was contemplated by the Buyer and the Seller at the time the parties entered into the Contract.

 

8.2 The Seller only supplies the Products for domestic and private use. The Buyer agrees not to use the Products for any commercial, business or resale purposes, and the Seller has no liability to the Buyer for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

8.3 Nothing in these terms and conditions limits or excludes the Seller's liability for: (i) death or personal injury caused by the Seller's negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or (v) defective products under the Consumer Protection Act 1987.



9. EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.

 

9.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including, but not limited to, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority, explosion, fire, storm, flood, earthquake, subsidence, epidemic or other natural disaster, war (whether declared or not) or threat or preparation for war, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, insurrection, international sanctions or boycotts, import or export regulations or embargoes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery, strikes, lock-outs or other industrial action by third parties, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 

9.3.1 we will contact you as soon as reasonably possible to notify you; and

 

9.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

9.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 calendar days. To do so, please contact us. If you opt to cancel a Contract, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.



10. CANCELLATION (BUSINESS CUSTOMERS)

Note: This clause 10 only applies to Buyers who are acting as a business.

 

If the Buyer makes any voluntary arrangement with its creditors, becomes subject to an administration, or goes into liquidation, or if an encumbrancer takes possession of assets or a receiver is appointed; or if the Buyer ceases to, or threatens to cease to, carry on business; or the Seller takes the reasonable view that any of the events mentioned above is likely to occur and notifies the Buyer accordingly, then without affecting any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract without any liability to the Buyer and, if Products have been delivered but not paid for, either (at the Seller's sole discretion): (i) the applicable price in respect of the Products shall become immediately due and payable by the Buyer; or (ii) the Products shall be returned to the Seller by the Buyer, or the Seller or its representatives shall be entitled to enter upon the Buyer's premises for the purpose of repossessing the Products in accordance with clause 6.3.



11. WRITTEN COMMUNICATIONS / COMPLAINTS

11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

 

11.2 If you have any questions or complaints about your order, please contact our customer services team using the contact details set out in clause 1. We will confirm receipt of this by contacting you in writing and will endeavour to respond to your question or complaint without undue delay.



12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

 

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

 

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.



13. WAIVER

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.



14. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be deemed not to form part of these terms and conditions or Contract, and the validity and enforceability of the remaining terms, conditions and provisions will continue unaffected.



15. ENTIRE AGREEMENT

15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. We recommend that you read them carefully to protect your own interests.

 

15.2 You and we each acknowledge that, in entering into a Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these terms and conditions.

 

15.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.



16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 

16.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. These terms and conditions were most recently updated July 2015.

 

16.2 You will be bound by the policies and terms and conditions in force at the time that you order Products from us, unless we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven calendar days of receipt by you of the Products, in which case you may cancel the Contract with us and return the Products to us (at our cost), and we will arrange a full refund of the price that you have paid (including any delivery charges)).

 

16.3 If you do not agree to these terms and conditions, please refrain from ordering any of our Products.



17. LAW AND JURISDICTION

17.1 These terms and conditions and any Contracts for the purchase of Products through our site will be governed by, and construed in accordance with, English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of, or in connection with, it will be governed by English law.

 

17.2 You and we both agree that the any dispute arising from, or related to, these terms and conditions and/or any Contracts for the purchase of Products through our site shall be dealt with exclusively by the courts of England and Wales. However, if you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.



18. HOW WE USE YOUR PERSONAL INFORMATION

18.1. We will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.



MODEL CANCELLATION FORM (see clause 3.10)

(Complete and return this form only if you wish to withdraw from the Contract)

 

To: Element Six Technologies Limited (company number 08206603)

Element Six, Kings Ride Park, Ascot, Berkshire, SL5 8BP, UK

Telephone: +44(0)1344 638200

Fax: +44(0)1344 638236

Email: technologies@e6.com

 

[I/We]* hereby give notice that [I/We]* cancel [my/our]* contract of sale of the following goods:

 

Date of Order: [insert date of order]

Date of Receipt (if applicable): [insert date of receipt of goods (if applicable)]

Customer name: [insert customer name]

Customer address: [insert customer address]

Order Number (optional): [insert order number]

Order Description (optional): [insert description of goods]

 

Customer signature (only if this form is notified on paper): ________________________

Date: [insert date]

 

* Delete as appropriate