These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We may amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We are Industville Limited, a company registered in England and Wales under company number 08487674 and with our registered office at Wellesley House, Duke Of Wellington Avenue, Royal Arsenal, London, SE18 6SS. Our main trading address is Studio 34, Unit 10, Elizabeth Industrial Estate, Juno Way, London, SE14 5RW.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 020 7971 7871 or by e-mailing us at email@example.com or by writing to us at our main trading address. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 3.
2. Our Products
2.1 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 of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. How we use your personal information
4. How the contract is formed between you and us
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us.
4.2 Please take the time to read and check your order at each page of the order process.
4.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.
4.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
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 we cannot meet your requested delivery date, 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 including any delivery costs charged as soon as possible.
5. Our right to vary these Terms
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6. Your consumer right of return and refund
6.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 Please note that the right to cancel does not apply to a Contract which is for a Product made to your specifications, for example a chain and flex cable cut to order.
6.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for either of the following: (a) one Product which is delivered in instalments on separate days; or (b) multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
6.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our site. If you use this method we will e-mail you to confirm we have received your cancellation.
6.5 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. You can obtain further information about these legal rights by contacting the Citizens Advice Bureau (https://www.citizensadvice.org.uk/ or call 03454 04 05 06).
6.6 If you are a consumer and you cancel your Contract within the relevant 14 day period set out in clause 3, we will:
6.7 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Products to us.
6.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
6.9 If a Product has been delivered to you before you decide to cancel your Contract:
6.10 If you are a business, and you give us notice in accordance with our refunds policy, we will refund, replace or exchange your Product(s) within 14 days of you receiving the Product(s). For more information, you can find our full refunds and exchanges policy here: (http://www.industville.co.uk/pages/refund-policy)
7.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the dispatch confirmation. Although we aim to dispatch orders within 48 hours, we do not guarantee this, as occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
7.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
7.3 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 7.4 only applies if you are a consumer.
7.4 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
7.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4, 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. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
8. International delivery
8.2 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.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. Price of products and delivery charges
9.1 Delivery to UK addresses is currently free of charge for orders over £49.00. For Orders below this amount there is a mandatory shipping charge of £5.50. The price of a Product does not include delivery charges for international deliveries.
9.2 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
This clause 10 only applies if you are a business customer.
10.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
10.2 Nothing in these Terms limits or excludes our liability for:
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
10.2.4 defective products under the Consumer Protection Act 1987.
10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
10.4 Subject to clause 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, shall in no circumstances exceed 125% of the price you paid for the Products.
This clause 11 only applies if you are a consumer.
11.1 If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
11.4 Subject to clause 1, 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, shall in no circumstances exceed 125% of the price you paid for the Products.
12. Events outside our control
12.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 2.
12.2 An “Event Outside Our Control” means 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, or failure of public or private telecommunications networks or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, 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.
13. Communications between us
13.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
13.2 If you are a consumer you may contact us as described in clause 2.
13.3 If you are a business:
13.3.2 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.3.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
14.7 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
14.8 If you are a consumer, please note that these Terms are governed by 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. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Clauses 14.9 to 14.11 only apply if you are a business customer
14.9 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
14.10 A Contract and any dispute or claim arising out of or in connection with it or its 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.
14.11 We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Schedule 1 - CANCELLATION FORM
If you should wish to cancel your order with Industville, Complete and return this form only if you wish to withdraw from the contract
Please find the CANCELLATION FORM here
This website is operated by Industville LTD. We are a limited company registered in England under company number 08487674. Our registered offices are at Wellesley House, Duke of Wellington Avenue, Royal Arsenal, London, SE18 6SS. Throughout these terms, “we”, “us” and “our” refer to Industville.
Our store is hosted on Shopify Inc. Shopify can be contacted by emailing firstname.lastname@example.org and their address is 150 Elgin Street, Suite 800, Ottawa, ON K2P 1L4, Canada. They provide us with the online e-commerce platform that allows us to sell our goods.
SECTION 1 – ACCESSING OUR WEBSITE
This website is directed to people residing in the United Kingdom. We do not represent that content available in or through this website is appropriate or available in other locations. We may limit the availability of this website or any service or product described on this website to any person or geographic area at any time. If you choose to access this website from outside the United Kingdom, you do so at your own risk.
SECTION 2 – INTELLECTUAL PROPERTY
We own or are licensed to use all intellectual property rights in and to this website, its contents and all technical infrastructure relating to it (“Materials”). These Materials are protected by copyright laws and treaties around the world. All such rights are reserved.
You may view and temporarily download Materials solely for your personal use and non-commercial use but you must not modify digital copies of any Materials that you have downloaded in any way and you must not use illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. We reserve all other rights in this website and its contents.
You are not permitted to reproduce or exploit, in any way, the Materials for commercial gain. You must not use, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer or create derivative works of the Material in any way other than expressly permitted in these terms. Material or information contained in this website may not be copied, reproduced or redistributed in whole or in part without prior written consent.
We own, or are licensed to use, all trade marks, service marks and logos (the “Marks”) displayed on this website. You are not permitted to use any of the Marks without our prior written consent.
SECTION 3 – UPDATES AND RELIANCE ON MATERIALS AND CONTENT
Although we may update and amend information on our website, we are not responsible if information made available is inaccurate, incomplete or out of date.
The material is provided for general information only and is made available strictly on the basis that you accept it on an ‘as is’ and ‘as available’ basis. You should not rely on or use such materials as the basis for making decisions. Any reliance on the material on this website is at your own risk.
SECTION 4 - MODIFICATIONS TO THE PRICES AND AVAILABILITY
Prices for our goods on the website are subject to change without notice. It is your responsibility to check our website for the most up to date prices.
SECTION 5 - GOODS
Certain goods may only be available exclusively online through this website and may not be available in our store. These goods are subject to availability and may have limited quantities. The availability of goods may also depend on your geographic location.
The images on our website are for illustrative purposes only and goods may vary slightly from those images. Although we have made every effort to display the colors and images of our goods we cannot guarantee that your computer monitor's display of any color will be accurate.
We may discontinue any goods at any time.
SECTION 6 – YOUR ACCOUNT AND PASSWORD
This website may provide you with the opportunity to create an account. 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. You must not disclose it to any third party.
It is your responsibility to ensure that you frequently update and revise your password to ensure that your account is secure and log out of your account at the end of each session. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com or call us on 020 7971 7871.
You are responsible for ensuring that all information you provide is current, and will be kept complete and accurate, for example; update your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via this website may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
These links are provided for your information only and we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – UPLOADING CONTENT AND INFORMATION
Other than data, any content that you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property right, or their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of our site.
You are solely responsible for securing and backing up your content and information.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct or update any errors, inaccuracies or omissions, and to change or update such information.
SECTION 12 - PROHIBITED USES
In accessing and/or using this website, you agree: (a) not to use this website for any unlawful purpose; (b) not to solicit others to perform or participate in any unlawful acts; (c) not to use this website to violate any laws or regulations; (d) not to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) not to use this website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) not to submit false or misleading information; (g) not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that may affect the functionality or operation of this website or of any related website, other websites, or the Internet; (h) not to collect or track the personal information of others; (i) not to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) not to use this website for any obscene or immoral purpose; or (k) not to interfere with or circumvent the security features of this website or any related website, other websites, or the Internet; (l) not to use this website in such a way that disrupts, interferes with or restricts the use of this website for other users; (m) not to reverse engineer, decompile, copy or adapt any software or other coded or scripts forming part of this website or attempt to transmit to or via this website any information that contains a virus, worm, Trojan horse or other harmful or disruptive component; and (n) not to change, modify or delete, interfere with or misuse data contained on this website and entered by or relating to any third party user of this website.
SECTION 13 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that our website, or any content on it, will always be available, error free, secure, virus free or be uninterrupted.
In the event that this website provide assessments, results or content, such assessments, results or content are provided as general information only and we cannot guarantee their accuracy.
You agree that from time to time we may remove the website for indefinite periods of time or remove this website temporarily or indefinitely at any time, without notice to you.
Your use of, or inability to use, this website is at your sole risk.
SECTION 14: LIMITATION OF LIABILITY
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation or any other liability which cannot be excluded by law.
We will not be liable to you 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:
- use of, or inability to use, this website;
- use of or reliance on any content or information displayed on this website.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of goods to you, which will be set out in our Terms of Sale when you purchase goods from us. Our Terms of Sale are available here .
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
We will not be liable to you 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:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide this website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You may benefit from additional legal rights. You can obtain further information about these legal rights by contacting the Citizens Advice Bureau (https://www.citizensadvice.org.uk/ or call 03454 04 05 06).
SECTION 15 - INDEMNIFICATION
SECTION 16 - GOVERNING LAW
SECTION 17 - CONTACT INFORMATION
Questions about these terms can be sent to us at firstname.lastname@example.org or mailing us at:
Studio 34, Unit 10
Elizabeth Industrial Estate
You can also call us on 020 7971 7871