Terms of Sale

This page, together with Privacy & Cookies Policy and Accessibility tells you information about Adler & Allan Limited ("we", "us" and "our") and the terms and conditions ("Terms") upon which we sell the products ("Products") listed on http://order.adlerandallan.co.uk (the "Website") to you.  You will also find other useful information within the Legal Information and Contact Us sections of the Website.

By ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.  Therefore, please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website.

You should print a copy of these Terms for future reference.

We may change these Terms from time to time. Any such changes will take effect when posted on the Website (see date at the top of this page) and it is your responsibility to read these Terms on each occasion you order Products from us.  Your continued use of the Website shall signify your acceptance to be bound by the Terms.

1. The Order Process

1.1     All orders for Products you place via the Website will be subject to acceptance in accordance with these Terms.

1.2     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 stage of the order process.

1.3     Please note that placing an order on the Website does not mean that your order has been accepted or that we have entered into a binding contract with you at this stage.  Our acceptance of your order will take place as described in Clause 1.4.

1.4     We will confirm our acceptance of your order by sending you an e-mail that confirms the order and that we accept it (the "Confirmation").  The contract between us and you will only be formed when we send you the Confirmation (the "Contract").

1.5     All Products shown on our Website are subject to availability.  If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products and they are unavailable for a prolonged period, we will on written request refund you the full amount as soon as possible.

2. If you are a consumer

2.1     If you are a consumer, you have a statutory right to cancel the Contract during the period set out below in Clause 2.2. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product  and/or, you can notify us of your decision to cancel the Contract and receive a refund (provided always that you have kept reasonable care of the Products).

2.2     You may cancel the Contract at any time between the date of the Confirmation and the date, seven (7) working days from the day after the day you receive the Products. Working days means Monday to Friday, and excludes public holidays England.

2.3     To cancel a Contract, please contact us on 01423 850360, e-mail us at accounts@adlerandallan.co.uk or write to us at 80 Station Parade, Harrogate, North Yorkshire, HG1 1HQ. You may wish to keep a copy of your cancellation notification for your own records.  If you send us your cancellation by email or post then your cancellation is effective from the date you sent us the email or posted the letter.

2.4     If you cancel the Contract in accordance with the statutory right referred to in Clause 2.1, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day on which you gave us notice of cancellation as described in Clause 2.3.

2.5     If you have received the Products and want to exercise your right to cancel the Contract in accordance with Clause 2.1, then you must return the Products to us as soon as reasonably practicable, and in any event within 7 working days of the date you provide us with notification of cancellation in accordance with Clause 2.3.  Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us.

2.6     All refunds will be made to the credit card or debit card used by you to pay for the Products.

2.7     As a consumer, you will always have statutory rights in relation to Products that are faulty or not as described.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

2.8     If you have returned the Product(s) to us under this Clause 2 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the Product(s) to us.

3. Delivery

3.1     Products ordered through the Website are only available for delivery to addresses within the United Kingdom.

3.2     Delivery charges and estimated timescales for Delivery are set out in the Delivery section of this Website and will be confirmed to you in the Confirmation. We make every effort to deliver Products within the estimated timescales set out in the Confirmation, however delays are occasionally inevitable and all Products are subject to availability.  Time for delivery shall not be of the essence.

3.3     We shall have no liability to you for any direct, indirect or consequential loss, including but not limited to, loss of profit, costs, damages, charges or expenses caused by any delay in the delivery of the Products. 

3.4     Delivery will be completed when the Products are delivered to the address you gave us in your order and as confirmed in the Confirmation.

3.5     Risk in the Products will pass to you upon the completion of delivery and title to the Products shall pass to you once we have received payment in full, including all applicable delivery charges.

4. Price

4.1     The prices of the Products will be as quoted on the Website from time to time. We take all reasonable care to ensure that the prices of Products on the Website are correct at the time when the relevant information was entered onto the system.  However, the Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

4.2     Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.

4.3     The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Website from time to time. To check relevant delivery charges, please refer to the Delivery section of the Website.

5. PAYMENT

5.1     You can only pay for Products using a debit card or credit card. We accept the following cards: Visa and Mastercard.

5.2     Payment for the Products and all applicable delivery charges is to be made in advance.

5.3     The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of the Confirmation, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

6. Manufacturer guarantees and our promise to you

6.1     Some of the Products we sell on the Website, may come with a manufacturer's guarantee. For details of the applicable terms and conditions of such guarantees, please refer to the manufacturer's guarantee provided with the Products.

6.2     If you are a consumer, any manufacturer's guarantee that you may receive with a Product we supply to you is in addition to your legal rights in relation to Products that are faulty or not as described and your statutory right to cancel the Contract as set out at Clause 2.

7. OUR LIABILITY TO YOU

7.1     Nothing in these Terms limits or excludes our liability to you for:

     (a) death or personal injury caused by our negligence;

     (b) fraud or fraudulent misrepresentation;

     (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

     (d) (if you are a consumer) defective products under the Consumer Protection Act 1987.

7.2     Subject always to Clause 7.1, we shall be under no circumstances whatsoever be liable to you whether in contract, tort (including negligence), for breach of statutory duty or otherwise for any of the following (whether directly or indirectly) arising under or in connection with the Contract:

     (a) any loss of profits, sales, business, or revenue;

     (b) loss or corruption of data, information or software;

     (c) loss of business opportunity;

     (d) loss of anticipated savings;

     (e) loss of goodwill; or

     (f) any indirect or consequential loss.

7.3     Subject to Clauses 7.1 and Clause 7.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (whether directly or indirectly), shall in no circumstances exceed the price of the Product(s).

7.4     Except as expressly stated in these Terms, we do not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

7.5     This Clause does not affect your statutory rights if you are entering into the Contract with us as a consumer.

8. GENERAL

8.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster (Force Majeure Event).

8.2     If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:

     (a) we will contact you as soon as reasonably possible to notify you of the Force Majeure Event; and

      (b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where a Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over

8.3     If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post, using the address you provided to us in your order.   If you should need to contact us at any time, please email us at accounts@adlerandallan.co.uk, call us on 01423 850360 or write to us at 80 Station Parade, Harrogate, North Yorkshire, HG1 1HQ.

8.4     If you are a business customer, any notice given by us to you, or by you to us, shall be deemed to have been made or delivered:

     (a) in the case of notice given by email, 24 hours after an email is sent, to the email address specified by you during the order process, or by you to us at accounts@adlerandallan.co.uk; or

     (b) in the case of notice given by letter to you, when left at the address specified by you in the order or in the case of notice given by you to us when left at 80 Station Parade, Harrogate, North Yorkshire, HG1 1HQ, or if sent by first class prepaid delivery, forty eight (48) hours after posting.   

8.5     We may assign or sub-contract all or any part of our obligations under the Contract to any person, firm or company.  You may not assign, sub-contract or otherwise dispose of the Contract or any part of it without our prior written consent.

8.6     The Contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties Act) 1999.

8.7     If any provision of the Contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.

8.8     Any failure or delay by us in enforcing or partially enforcing any of our rights or remedies under the Contract will not be construed as a waiver of any of our rights under the Contract and shall not prevent us from later asserting such rights.

8.9     The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by and construed in accordance with the laws of England and Wales and we each agree to submit to the exclusive jurisdiction of the English courts in all matters relating to the Contract (whether contractual or otherwise).

Website Terms of Use

This page, together with Privacy & Cookies Policy and Accessibility tells you information about Adler & Allan Limited ("we", "us" and "our") and the terms and conditions ("Terms") upon which we sell the products ("Products") listed on http://order.adlerandallan.co.uk (the "Website") to you.  You will also find other useful information within the Legal Information and Contact Us sections of the Website

These terms (together with any documents referred to in them) (the "Terms of Use") tell you the terms on which you may make use Adler & Allan Limited's ("we", "us" or "our") website http://order.adlerandallan.co.uk (the "Website").

Please read these Terms of Use carefully before using the Website.  By using the Website you are accepting and agreeing to be bound by the Terms of Use.  If you do not agree to these Terms of Use, you should exit the Website immediately and refrain from using it.

1     INFORMATION ABOUT US

        1.1     We are Adler & Allan Limited.  We are a company registered in England and Wales with company number 0318460, and our registered office is at 80 Station Parade, Harrogate, North Yorkshire, HG1 1HQ.

        1.2     If you have any queries about the Website or any information contained on it, please contact us by email at accounts@adlerandallan.co.uk or by telephone on 01423 850360.


2     ACCESSING OUR WEBSITE


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


        2.2     You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them.


3     TERMS OF USE


        3.1     The Website is offered as a free service to you.  If you wish to purchase any products from our Website you will be required to register your details with us.  Any products you order on our website will be subject to our Terms and conditions of sale.


        3.2     It is impossible to provide an exhaustive list of what constitutes acceptable and unacceptable use of our Website. In general, we will not tolerate any use of our Website which damages or is likely to damage our reputation, the availability or integrity of our Website or which causes or threatens to cause us to incur any legal, tax or regulatory liability. In particular, you must not misuse our Website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will determine, in our absolute discretion, whether your use of our Website is unacceptable and in this event, we may take such action as we deem appropriate.


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


        3.4     In the event that you breach these terms, your permission to use the Website terminates immediately and you must immediately destroy any downloaded or printed extracts from the Website.


4     INTELLECTUAL PROPERTY RIGHTS


        4.1     All copyright, trade marks and other intellectual property rights in all logos, designs, text, images and other materials on our Website are owned by us or appear with the permission of the relevant owner.  Those works are protected by copyright and trade mark laws and treaties around the world.  All such rights are reserved.


        4.2     You shall not copy, adapt, exploit or otherwise use the content on our Website in any way, save for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal, or drawing the attention of others to material posted on our Website, provided always that you must not modify such materials in any way.


5     OUR LIABILITY


        5.1     The content made available on the Website is intended for general information purposes only and is provided on an "as is" basis.  It does not constitute advice or the making of any recommendation and the content on the Website should not be relied upon as the basis for any decision or action.


        5.2     Whilst we try to ensure that all information on our Website is accurate, we make no warranties or representations and do not give any undertaking either express or implied about any of the content on the Website, including without limitation, the accuracy, completeness or fitness for purpose of such content or that your use of the Website will not infringe the rights of third parties or for any alleged or actual infringement of third party rights.  The use of information obtained from the Website is at your sole discretion and risk.

    
        5.3     To the fullest extent permitted by law, we hereby expressly exclude:


                  5.3.1     all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;


                  5.3.2     any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the access, use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation, liability for:
                               (a)           loss of business
                               (b)          loss of income or revenue
                               (c)           loss of profits or contracts
                               (d)          loss of anticipated savings
                               (e)           loss of data
                               (f)           loss of goodwill
                               (g)           wasted management or office time
                               (h)          loss or damage caused to any equipment or software
                               (i)            any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
 

6     THIRD PARTY WEBSITES

        6.1     Whilst we retain the right to establish any hypertext links between our Website and any third party website at our discretion, you agree that you will not frame our Website on any other website or create any hypertext links or deep links between it and any third party website without our express prior written consent.


        6.2     If you choose to use links displayed on our Website which link to third party websites, then you will leave our Website (whether or not you realise that you are leaving). Links on our Website are provided for your information only and we have no control over the contents of those third party websites or resources. We are not responsible in any way for the material on any other website that you enter. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury or financial loss of any kind.
 

7     LOGIN


        7.1     You may register with us as a client or registered user of the Website to access information about your account with us.

 
        7.2     Once you have registered with us you will be provided with confidential log-in details.  You must treat your log-in details as confidential and must not disclose them to any third party.  You must inform us immediately if any third party gains access to your log-in details.

 
        7.3     We have the right to disable your registration as a client with us at any time, if in our opinion you have failed to comply with these terms.
 

8     PRIVACY AND COOKIES


        8.1     Any personal details we collect from you will only be used in accordance with our Privacy Policy and our Cookies Policy. By using our Website, you consent to us processing your information in this way and you warrant that all data provided by you is accurate.


        8.2     We use cookies on our Website, for further information about how we use cookies and how to accept, delete or reject them please see our Cookies Policy.
 

9     GENERAL


        9.1     We reserve the right to change any part of the Website or these Terms of Use at any time without notice.  You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.


        9.2     If any provision of these Terms of Use (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms of Use and the validity and enforceability of the other provisions of these Terms of Use shall not be affected.
 

        9.3     These terms shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
 

 

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